IDEA Complaint Decision 01-021

On March 12, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Evansville Community School District. This is the departments decision on that complaint.


The issue in this investigation is whether the district failed to implement complainants childs May 2000 individualized education program (IEP) by not providing individual (one-on-one) and group instruction in the resource room, as described in the childs IEP.


The IEP for each child must include a statement of specific special education and related services, including supplementary aids and services or supports, to be provided to a child. The statement of special education and related services must specify the amount of time, including frequency, and the location and duration of each service. The amount of time committed to each of the services must be stated in the IEP in a manner that is clear to all who are involved in the development and implementation of the IEP.


The child is attending the Evansville School District during the 2000-01 school year. The childs IEP requires individual and small group instruction with the teacher of the cognitively disabled/learning disabled (CD/LD) on a daily basis in the resource room. Due to overcrowded conditions, at times instruction was provided in the hallways and not in the resource room as stated in the IEP. The childs IEP does not meet requirements because it does not specify the amount of individual and group instruction to be provided daily to the child in the resource room.


The following corrective activities are required: The District will, within 30 days of receipt of this report, conduct an IEP team meeting to develop an IEP that includes a proper statement of services, including the amount of services and location of services. The district will submit to the department the IEP and verification that it is providing services promised in the childs IEP. In addition, the district will submit to the department, within 30 days of receipt, a plan to ensure that IEPs specify the amount of services to be provided in a manner that is clear to all who are involved in both the development and the implementation of the IEPs.


The plan must include the activities the district will undertake, the personnel responsible for each activity, the date by which each activity will be completed, and the type of documentation that will be submitted to the department to demonstrate completion of each activity. The plan will be reviewed and the district will be informed if any revisions are required. The district will implement the plan after it has been approved by the department.


//signed MJT 5/15/01
Mike J. Thompson, Assistant Superintendent
Division for Learning Support: Equity and Advocacy



For questions about this information, contact Patricia Williams (608) 267-3720