IDEA Complaint Decision 01-068

On September 26, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Milwaukee Public Schools. This is the departments decision regarding that complaint. The issues are whether the district, since September 6, 2001, has failed to provide special education and related services, including door-to-door transportation, to the child as required by his IEP.

The IEP in effect for the child at the beginning of the 2001-2002 school year included the related service of door-to-door transportation. When the child transferred from Milwaukee Education Center to Audubon Middle School on September 6, 2001, door-to-door transportation was not provided to the child. According to the district, the parent asked for the childs transfer to Audubon as soon as possible even though Audubon staff informed the parent that door-to-door transportation could not be arranged that quickly.

The district must ensure that no interruption of services occurs when children with disabilities transfer from one school to another in the district. This issue was addressed in a recent complaint decision, #01-048, involving the district. In that decision, the department ordered the district to take corrective actions to address the issue. The department will ensure that the district corrects this problem through review of the corrective actions for #01-048. Those corrective actions are overdue, and the district must promptly submit documentation of those actions to the department.

On October 2, 2001, the district held an IEP team meeting for the annual review and revision of the childs IEP. The parent attended and participated in the IEP team meeting. At that meeting, the IEP team, including the parent, determined that the child is able to use regular transportation and does not need door-to-door transportation as a related service. The IEP team also revised the childs IEP to include the related services of counseling, psychological services and social work services, in response to the childs recent behavioral issues at school.

On November 1, 2001, the parent informed the department that the district had taken actions to resolve the issues raised in her complaint. Therefore, the department will not direct the district to take further actions with regard to the child.

This concludes our review of this complaint, which we are closing.

//signed 11/16/01
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/smp

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