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IDEA Complaint Decision 13-053

On October 21, 2013, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Cedarburg School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2013-14 school year, implemented the student’s individualized education program (IEP) regarding the provision of psychological services.

The student’s IEP, in effect at the beginning of the 2013-14 school year, provides for 30 minutes of psychological services per week. The district acknowledges that these services were not provided from the beginning of the school year until October 22, 2013. The school psychologist was on leave during this time, and the district was unable to find a substitute. The district is continuing to meet with the parent to determine the amount of compensatory services for the failure to implement this portion of the student’s IEP. The district has also contacted the parents of all other students affected, and provided compensatory services. No other corrective action is required. The district must provide the department with documentation when the compensatory services have been determined and provided to the student.

All noncompliance identified above must be corrected as soon as possible, but in no case more than one year from the date of this decision.

//signed CST 12/12/2013
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support

Dec/pmw