IDEA Complaint Decision 02-032

On April 30, 2002, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the School District of Holmen. The issue in this complaint is whether the district failed to respond in a timely manner to a Milwaukee Public Schools (MPS) request for a pupil's records in March 2002. This is the department's decision for that complaint.

While reviewing the letter to determine whether it meets the definition of a complaint and to identify the issues to be investigated, department staff learned that MPS staff did not request the pupil's records from the School District of Holmen in March 2002. Instead, on April 10 and 15, MPS staff sent facsimile transmission requests for the pupil's records to a private alternative school the child had attended. The private school provided records in response on April 15. On May 9, 2002, department staff informed the MPS administrator who requested the pupil's records of the correct location of the pupil's records at the School District of Holmen. On May 9, MPS staff sent a facsimile transmission request for the pupil's records to the School District of Holmen. On May 10, 2002, the School District of Holmen sent the pupil's records to MPS. The School District of Holmen transferred the pupil's records to MPS within 5 working days of receipt of the written notice as required under state education records law. The School District of Holmen correctly implemented the law related to the issue in this complaint.

This concludes our investigation of this complaint.

//signed CST 5/21/02
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