On December 10, 2014 (form dated December 2, 2014), the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Swallow School District. This is the department’s decision regarding that complaint. The issues are whether the district on December 14, 2013, properly developed the student’s individualized education program (IEP), properly documented IEP team determinations made at the December meeting, and timely provided the parents a copy of the IEP.
Under federal special education law, a complaint cannot allege a violation that occurred more than one year prior to the date the complaint is received. After further investigation, the issues in your complaint documents do not fall within the one-year time frame. The most recently developed IEP occurred on October 7, 2013, and not December 14, 2013, as stated in the complaint. This is more than one year from the date the complaint was filed. Therefore, we are dismissing the complaint.
This concludes our review of this complaint.
//signed CST 1/6/2015
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support