IDEA Complaint Decision 01-083

On November 7, 2001, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against Milwaukee Public Schools. This is the departments decision regarding that complaint. The issue is whether the district, during the 2001-2002 school year, has failed to provide a child with disabilities with special education services required by his individualized education program (IEP).

An IEP team meeting was held on August 15, 2001, in response to the complainants request for a meeting. At that meeting, the IEP team reviewed the childs goals and objectives and revised some objectives. The team also discussed the childs continued participation in the inclusive education program available at Congress Elementary. In response to a request by the complainant, the district investigated more restrictive placement options for the child. The district invited the complainant to visit Douglass School which had one opening for a student, and to attend an IEP team meeting to discuss placement at a mutually agreed upon time on September 24, 2001. The complainant did not attend the September 24th IEP team meeting and did not visit Douglass School.

Another IEP team meeting was held on September 27th to review and, as appropriate, revise the childs IEP and to determine placement. The complainant participated in that meeting, and the IEP team decided to continue the childs placement at Congress Elementary. In response to an October 26, 2001 letter from the complainant that expressed concerns about his childs education program, the district scheduled another IEP team meeting to review and, if appropriate, revise the IEP. The IEP team meeting was held on November 20th, and the complainant did not attend the meeting. The district documented three attempts to involve the childs parents in the meeting.

During the investigation, the district informed the department that it has fully implemented the childs IEP during the current school year and that it has taken actions to respond to the complainants concerns about his childs education. The department determines that there is no evidence to conclude that the district failed to provide required special education services to the child during the current school year.

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

//signed 1/7/02
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