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IDEA Complaint Decision 14-046

On August 28, 2014, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Waukesha School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2013-14 school year, conducted an annual review of the student’s individualized education program (IEP).

School districts must ensure the IEP team, for each student with a disability, meets at least annually to determine whether the annual goals for the student are being achieved, and revises the student’s IEP as appropriate to address any lack of expected progress toward the annual goals and in the general education curriculum, the results of any reevaluation, information about the student provided to or by the parents, the student’s anticipated needs, and any other matters. The school district must also ensure each student with a disability has an IEP in effect during the school year.

In addition, when a student with a disability’s eligibility for special education terminates either due to graduation with a regular high school diploma or due to exceeding the age of special education eligibility under state law, the district is required to provide the student with a summary of the student’s academic achievement and functional performance, including recommendations on how to assist the student in meeting the student’s post-secondary goals.

On January 30, 2013, the student’s IEP team met and conducted an annual review of the student’s IEP. The next annual review of the student’s IEP did not occur on or before January 29, 2014. The district acknowledges the student’s IEP was not reviewed during the 2013-14 school year.

At the end of the 2013-14 school year, the student graduated with a regular high school diploma. The district acknowledges a summary of performance was not completed. The district has agreed to complete a summary of performance, and no further student-specific action is required.

Within 30 days of receiving this decision, the district must submit to the department proposed corrective actions designed to ensure the IEPs of all students with disabilities are reviewed at least annually, and a summary of performance is completed when required.

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. This concludes our review of this complaint.

//signed CST 10/24/2014
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support