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IDEA Complaint Decision 18-084

On November 12, 2018, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX against the XXXXX. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2018-19 school year, properly implemented the individual education program (IEP) of a student with a disability regarding modifications to assignments and grading.

The student’s IEP dated September 26, 2018, indicates the student participates full-time in the general education curriculum aligned with the general education standards that apply to all students. The student’s IEP includes supplementary aids and services provided in regular education classes including extended time of one additional day to complete assignments over one page in length; modified length and complexity of assignments and tests: the student may complete 50% of the assignment/assessment for full credit; materials read to the student when above independent reading level; tests taken in a small group setting; leveled books for silent reading; and the use of text-to-speech assistive technology. Interviews with regular and special education staff confirm the student is receiving these aids and services as specified in the IEP. The student has additional time to complete assignments; the complexity and length of assignments and tests are modified by the special education teacher; the student receives credit for work that is completed, as opposed to a certain number of questions or length of assignment; the student takes tests in the special education resource room; leveled books are provided and materials that are above the student’s independent reading level are read to the student. In addition to these supplementary aids and services, the special education teacher provides specially designed instruction in the regular education classrooms as specified in the student’s IEP. The specially designed instruction reinforces and supports grade-level content taught by the regular education teachers. The student is in the regular education classroom for English, math, science, social studies and several electives. The student is taught the general education curriculum in the regular education classroom supported by supplementary aids and services, as well as specially designed instruction, to enable the student to meet the grade-level standards. The student’s IEP was properly implemented during the 2018-2019 school year.

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

//signed BVH 1/11/2019
Barbara Van Haren, PhD, Director
Special Education Team
Division for Learning Support