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IDEA Complaint Decision 16-058

On August 3, 2016 (letter dated July 22, 2016), the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX against the Milwaukee Public Schools. This is the department’s decision regarding that complaint. The issue is whether the district, during the summer of 2016, properly implemented the individualized education program (IEP) of a student with a disability regarding extended school year (ESY) services.

ESY services are special education and related services required by the student’s IEP, and provided beyond the school term. A school district is required to provide ESY services to a student when the student requires such services to receive a free appropriate public education (FAPE). If the IEP team decides the child requires ESY services, the team must include in the student’s IEP, a description of the necessary ESY services to be provided, including the amount, frequency, and the duration of the services. The ESY services must be tailored to the unique needs of the student.

The student’s IEP developed on April 19, 2016, described the ESY services the student was to receive during the summer of 2016. Services included specially designed instruction, 180 minutes per day; physical therapy, 20 minutes per ESY term; occupational therapy, 20 minutes per ESY term; school health services, 15 minutes per day; specialized transportation to and from school each day; and one-to-one adult supervision while at school, throughout the day. The student began receiving ESY services as described in the IEP on June 27, 2016. ESY services were provided during the morning at a different school than the student attends during the school year. The student also participated in a recreation department club in the afternoon. The district properly implemented the student’s IEP regarding ESY services.

This concludes our review of this complaint.

//signed CST 9/29/2016
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support


For questions about this information, contact Margaret Resan (608) 267-9158