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IDEA Complaint Decision 16-026

On April 6, 2016 (form dated April 1, 2016), the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX against the Oak Creek-Franklin Joint School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2015-16 school year, properly implemented the individualized education program (IEP) of a student with a disability regarding provision of safe assistance with personal care and transfers and physical therapy support/training for staff.

An IEP developed on May 28, 2015, was in effect for the student during the majority of the 2015-2016 school year. According to the IEP, the student requires adult support at all times for safety and mobility. The student also requires the assistance of two adults when transferring in and out of the wheelchair. The IEP indicates all staff members working with the student must be trained by the physical therapist in how to safely assist the student with school functional skills and transfers, positioning needs related to proper support for school activities, proper use of adaptive equipment including use of a stander, and wheelchair management. The IEP requires all staff members working with the student to receive 30 minutes of training at the beginning of the school year.

District records indicate the physical therapist trained several staff members in safe transfer of the student and use of adaptive equipment as described in the student’s IEP during the first semester of the 2015-2016 school year. The physical therapist trained two special education teachers on September 10, 2015, and two special education aides on September 14, 2015. In addition, on October 26, 2015, the physical therapist trained the school psychologist and school counselor to serve as backups in case the student’s primary staff were absent. The district properly implemented the student’s IEP regarding provision of safe assistance with personal care and transfers and physical therapy support/training for staff.

This concludes our review of this complaint. 

//signed CST 6/2/2016
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support

Dec/mhr