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IDEA Complaint Decision 15-033

On April 27, 2015, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX against the West Allis-West Milwaukee School District. This is the department’s decision regarding that complaint. The issue is whether the district, beginning on April 28, 2014, properly implemented the student’s individualized education program (IEP). Specifically, the complaint asserts that the district only provided the student with a one-on-one aide for a three week period, and that the district did not regularly or accurately report the student’s grades or progress towards annual goals.

The student’s IEP does not specify the provision of a one-on-one aide. For a three week period, the student received some additional support from an aide. At the next IEP meeting, the IEP team, including the parent, determined that the student did not benefit from the presence of the aide, and the team did not revise the student’s IEP to include a one-on-one aide. The district properly implemented the student’s IEP.

The student’s IEP required the district to provide reports to the student’s parent, on a quarterly basis, about the student’s progress towards meeting annual goals. The district provided the student’s parent with these quarterly reports. At some point, the student’s parent viewed a non-final version of the student’s academic record which did not accurately reflect the student’s grades or progress. Before the district provided the finalized quarterly reports to the student’s parent, it adjusted the reports to include late assignments that the student had submitted. The district properly implemented the student’s IEP, because it provided progress reports, on a quarterly basis, in accordance with the student’s IEP.

This concludes our review of this complaint. 

//signed CST 6/22/2015
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support