On March 15, 2001, a complaint was filed with the Department of Public Instruction by XXXXX involving a student who resides in the Milwaukee Public Schools district and attended the Saint Francis School District under the Chapter 220 interdistrict transfer program. On December 8, 2000, the parent requested a due process hearing on behalf of her child involving both districts in this complaint investigation. If an issue is raised in a complaint investigation which has been decided in a due process hearing or subsequent appeal involving the same parties, the decision is binding. Issues in the complaint that are not part of the hearing must be decided by the department. (See OSEP memorandum 00-20, dated July 17, 2000.)
The hearing decision in LEA 00-060 addresses the same issue which is the issue in this complaint investigation. On January 26, 2001, the hearing officer dismissed the due process hearing requested by the parent. The hearing officer concluded that Milwaukee Public Schools was not responsible to provide services to the child under the circumstances presented by the hearing. The same circumstances apply to this complaint investigation. The hearing officer's decision also concludes that the Saint Francis School District was not required to provide special education services to the child under the circumstances presented by the due process hearing. The same circumstances apply to this complaint investigation. The hearing officer's decision was not appealed. The due process hearing decision is binding on the department and the department will not proceed with an investigation of this complaint.
This concludes our investigation of this complaint, and we are closing this complaint investigation. This letter is not intended, and should not be construed, to cover any other issues regarding compliance with the IDEA or Chapter 115, Wisconsin Statutes, which may exist and which are not specifically discussed herein. Under the Wisconsin public records law, 19.31-19.39, Wisconsin Statutes, it may be necessary to release this document and related correspondence and records upon request.
//signed MJT 4/3/01
Mike J. Thompson, Assistant Superintendent
Division for Learning Support: Equity and Advocacy