IDEA Complaint Decision 01-029

On March 26, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX regarding the North Crawford School District. This is the department's decision on that complaint.

The issue in this investigation is whether the district failed to implement provisions of the childs individualized education program (IEP) permitting the student to dictate writing assignments, requiring teachers to check the childs assignment notebook daily, and requiring extra time to complete tests.

The complainant maintains that on October 16, 2000, she wrote out one of her childs assignments for him, and the childs teacher told him he must write it in his own writing or receive a reduced grade on the assignment. The district acknowledges that, due to an unexpected staffing change at the beginning of the school year, its regular education teachers were unaware of the childs IEP provisions related to regular education services until an IEP team meeting on October 30, 2000. Because the students regular education teachers were not aware of the IEP provisions for allowing assignments to be dictated, one of the teachers failed to accept an assignment that the student had dictated to someone else to write. The district acknowledges this error. The district also has taken steps to ensure that all regular education teachers become aware of the students in their classrooms receiving special education services, and all relevant IEP provisions for those students.

Complainant also maintains that on September 20, 2000, her child received a lower grade for a demonstration speech because it was two days late and that teachers have not consistently written in the child's assignment notebook. The childs October 30, 2000, IEP includes the following: teachers check assignment book for accuracy and legibility, daily, and extra time accommodations on tasks, as needed. These provisions were added to the childs IEP on October 30, 2000. The lower grade for the late demonstration speech occurred before October 30. Since the October 30, 2000, IEP the district maintains the assignment notebook has been checked daily. There are days when nothing is written in the notebook because the student did not bring it to school, because no assignments were given, or due to early dismissals, or field trips. The district is following the IEP, as required.

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

//signed MJT 5/24/01
Mike J. Thompson, Assistant Superintendent
Division for Learning Support: Equity and Advocacy

Dec/kh

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