On November 17, 2015, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX against the XXXXX School District. On December 21, 2015, the department received notification that the parties agreed to participate in mediation related to the issues in the complaint. The parties requested the complaint investigation be put on hold and the timeline for completing the decision be extended to allow for mediation. On March 4, 2016, the parent requested that the department reopen the complaint investigation because the issues had not been resolved. This is the department’s decision regarding the complaint. The issues are whether the district, beginning on November 18, 2015:
- properly developed the individualized education program (IEP) of a student with a disability to address writing needs, and
- properly implemented the IEP of a student with a disability.
School districts must develop an IEP for each student with a disability for whom they are responsible. The IEP must include measurable annual goals to meet the student’s needs that result from the student’s disability and a statement of the special education services to enable the student to advance toward attaining the annual goals. At the beginning of each school year, the school district must have an IEP in effect for each student with a disability within its jurisdiction.
The student attends a virtual school within the district. The student’s IEP, which was in effect at the beginning of the 2015-16 school year, was developed on April 29, 2015. The IEP includes a goal with a short-term objective to address the student’s disability-related need that affects written language. Speech and language services are provided for in the IEP to enable the student to advance appropriately toward attaining the goal. The district properly developed the IEP to address the student’s disability-related need affecting writing.
On November 9, 2015, the IEP team met to conduct a review of the IEP. The November IEP includes the same goals and services as the previous IEP. The program summary specifies fifty minutes of speech and language services in the home three times per week and consultation with the regular education teacher one time per month. The district acknowledges the student has not received these services during the 2015-16 school year due to difficulties with scheduling and retaining a service provider. A speech and language therapist met with the parent on March 9, 2016, and established a schedule to begin providing services as specified in the IEP. An IEP team meeting is scheduled for April 8, 2016, for the purpose of determining continuing eligibility for special education. If the student continues to need special education services, the IEP team must determine the compensatory services needed as a result of the district’s failure to properly implement the student’s IEP and develop a plan for delivering them. The district must submit to the department a copy of the evaluation report and determination of eligibility, as well as the revised IEP with documentation of the discussion regarding compensatory services.
This concludes our review of this complaint.
This concludes our review of this complaint, which we are closing.
//signed CST 3/31/2016
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support