IDEA Complaint Decision 02-006

On February 1, 2002, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Kenosha Unified School District. The issue in this investigation is whether the district, during the 2001-2002 school year, failed to implement a student's individualized education program (IEP) requiring occupational therapy services. This is the department's decision for that complaint.


The child's June 1, 2001, IEP requires occupational therapy services 60 minutes per week. A school district must ensure that all services specified in a child's IEP are provided. The complainant alleges, and the district acknowledges, that occupational therapy services were not provided for the child 60 minutes per week in September, October and November 2001. The district had been unable to find an occupational therapist to fill an open position. On December 12, 2001, in a letter to the child's parents, the district agreed to provide additional occupational therapy services for the days of missed therapy. In December 2001, an occupational therapist started providing services to the child. In January 2002, three 30-minute sessions were not provided to the child when the occupational therapist reduced her hours of employment. An additional occupational therapist was hired and started to provide services in February 2002.


The district has agreed to provide missed occupational therapy services during the 2001-2002 school year and 2002 summer session to compensate for the delay in services to this student and all other affected students. The district also will hold IEP team meetings to revise this student's IEP and the IEPs of other children with disabilities affected at the school to reflect needed additional occupational therapy time. The district will send the department evidence that it has completed these activities by June 30, 2002.


This concludes our investigation of this complaint.


//signed CST 3/15/02


Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy



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