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IDEA Complaint Decision 18-009

On February 2, 2018, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX (complainant) against the XXXXX (district). This is the department’s decision regarding that complaint. The issues are whether the district, beginning on February 2, 2017, properly developed and implemented the individualized education program (IEP) of a student with a disability regarding specially designed instruction in English.

The IEP in effect on February 2, 2017, provided for “instruction in reading” for 35 minutes daily in the special education classroom. Soon after, the student’s special education teacher resigned and the district hired a short-term substitute teacher certified in regular education to finish the school year. School records indicate a second substitute teacher provided instruction for one day on April 13, 2017, and the original short-term substitute teacher returned to finish the school year. The district did not properly implement the student’s IEP.

A school district may employ an individual as a short-term substitute teacher employed to teach any subject at any grade level for no more than 45 consecutive days in the same teaching assignment. A long-term substitute must be a licensed teacher or a licensed substitute teacher and be employed only in the subject and grade level in which the teacher is licensed.

Within 15 days of this decision, the district must convene the IEP team to determine whether compensatory services are needed to address the failure of the district to provide specially designed reading instruction by a properly licensed. The district must submit documentation of the determination.

This concludes our review of this complaint. This decision is final for the IDEA State Complaint process. 

//signed CST:bvh 4/2/2018
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support
For questions about this information, contact Margaret Resan (608) 267-9158