IDEA Complaint Decision 01-054

On June 27, 2001, a special education complaint was filed with the Department of Public Instruction by XXXXX against Milwaukee Public Schools. A copy of the letter is enclosed. The issue is whether the district failed to properly determine an educational placement for a child with a disability. This is the departments decision regarding that complaint.

The district acknowledges that the June 7, 2001, meeting, attended only by the childs special education teacher, the child, the childs mother, and an advocate did not include required participants to be an IEP team meeting. The educational placement selected for the child for the 2001-2002 school year, when he will move from middle school to high school, was not determined properly. The district is directed to hold an IEP team meeting no less than two weeks prior to the start of the 2001-2002 school year to review the childs IEP and properly determine an educational placement for him. The district also must ensure that its staff, including principals and special education classroom teachers, are aware of required IEP team composition.

On January 12, 2001, the district submitted a revised corrective action plan (CAP) to the department regarding several complaints to ensure that the district follows required procedures related to determining educational placements for children with disabilities. Based upon this complaint investigation and the departments May 2001 onsite compliance monitoring of the district, the department concludes that the corrective actions undertaken by the district to date have not been sufficient to ensure that educational placements for children with disabilities are determined properly. Therefore, the department directs the district to review its current CAP related to placement of children with disabilities and amend the CAP to include additional corrective actions that will address this issue effectively. Department staff will work closely with the district to assist in its review, revision, and implementation of the amended placement CAP.

//signed 7/10/01
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/jfd

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