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IDEA Complaint Decision 19-083

On October 21, 2019, 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 issue is whether the district, since October 21, 2018, properly provided specialized transportation to a student with a disability.

At the beginning of each school year, each local school district must have an IEP in effect for each child with a disability, and special education and related services must be provided to the student as described in the student’s IEP. The student’s IEPs in effect since October 21, 2018, provide transportation daily “to and from school” as a related service. The student’s parent, through a contract with the district, provides transportation and is reimbursed in accordance with state/federal mileage rates. It is undisputed that the district has provided transportation to and from school in accordance with the student’s IEP through this contractual arrangement.

During this same time frame, the student also received compensatory services that were determined by district staff and the parents pursuant to a resolution agreement resulting from an Office of Civil Rights complaint. In the meeting to discuss these services, transportation was never requested nor discussed, and there is no indication in the student’s IEP or in other documentation that transportation was intended to be included. The district properly provided specialized transportation to a student with a disability.

This concludes our review of this complaint. This decision is final for the IDEA State Complaint process. These issues may be addressed through other dispute resolutions, including mediation and due process hearings. Visit http://dpi.wi.gov/sped/dispute-resolution for more information.

Sincerely,

//signed by BVH 12/19/19
Barbara Van Haren, PhD
Assistant State Superintendent
Division for Learning Support
BVH:pmw

For questions about this information, contact DPI Sped Team (608) 266-1781