IDEA Complaint Decision 01-027

On March 19, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Washburn School District. The issue in this investigation is whether the district failed to implement provisions of the childs 2000-2001 individualized education plan (IEP) related to weekly charting and providing progress reports to the complainant. This is the departments decision regarding that complaint.

The childs current IEP for the 2000-2001 school year states that weekly progress charts will be used to measure the childs progress toward annual goals. The IEP does not state that the progress charts will be provided to the parent on a weekly basis. The IEP requires that the district provide a monthly report to the parent of the childs progress toward annual goals and the extent to which that progress is sufficient to enable the student to achieve the goal by the end of the year. The IEP does not specify whether the monthly reports are to be written or verbal.

The district charted the childs weekly progress toward annual goals. The district provided those charts to the parent on April 10, 2001. The district acknowledged to the department that it did not provide verbal or written monthly reports to the parent of the childs progress toward annual goals. To date during the 2000-2001 school year, the complainant has refused to accept phone calls from and meet with district staff. In response to this complaint, the district has taken steps to ensure compliance with requirements of the childs IEP by scheduling monthly meetings with the complainant to report on the childs progress toward annual goals. If the complainant does not attend those meetings, the district will provide written monthly reports to the complainant of the childs progress toward annual goals. At the end of the current school year, the district must verify to the department that it has provided the required monthly reports, either verbally or in writing, to the complainant.

This concludes our investigation of this complaint, and we are closing this complaint investigation.

//signed 5/14/01
Mike J. Thompson, Assistant Superintendent
Division for Learning Support: Equity and Advocacy

Dec/smp

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