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IDEA Complaint Decision 14-060

On November 20, 2014 (form dated November 18, 2014), the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Belleville School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2014-15 school year, properly implemented the student’s individualized education program (IEP).

The student’s IEP was revised on August 26, 2014, at a meeting attended by the parent. The IEP states that the student would receive supervision and support from the special education staff during an elective class. Under frequency/amount, the IEP notes the support would be provided for 75 minutes each day in the regular education classroom.

The complaint alleges the district did not provide the support in the elective class as required by the student’s IEP. When interviewed, staff members acknowledged the support was not provided. Staff members indicated the district was short on staff due to some reassignments, leaves or other scheduling problems.

Within 30 days of the date of this decision, the district must submit a corrective action plan to ensure supplementary aids and services are provided as stated in a student’s IEP. The district must also reconvene the student’s IEP team within 20 days to consider whether compensatory services are required for failure to provide the support as specified in the student’s IEP. The district must submit to the department documentation demonstrating that compensatory services were considered.

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 1/6/2015
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support