IDEA Complaint Decision 03-008

On February 7, 2003, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Madison Metropolitan School District. This is the department's decision regarding that complaint. The issue is whether the district, during the 2002-2003 school year, transferred pupil records for a student with as disability to the receiving school district within five working days of district request.

The student who is the subject of this complaint became a resident of the Stevens Point Area School District on or about December 10, 2002. The complainant contends that a request for records was faxed to the Madison Metropolitan School District on December 10, 2002. The complainant further contends that several phone calls were made to the district following the written request which resulted in partial records being sent in mid January but the remaining records were not received until the end of January 2003. The Madison Metropolitan School District acknowledged that records were not sent within the 5 day timeline due to extenuating circumstances including difficulty locating some of the records and the winter break from December 21, 2002, until January 6, 2003. A district representative further stated that measures to insure timely compliance with the transfer of records requirements are being included in the district's training agenda for the upcoming school year.

When the receiving district has not received the student's education records, the agency must request in writing the student's educational records from the sending agency. The sending agency must send the records within five working days of receipt of the written request. In this case, there is a discrepancy between the complainant and the school district regarding the actual dates that records were sent and received. However, both parties agree that the 5 day timeline was not met. The Madison Metropolitan School District shall within 30 days of receipt of this letter submit to the department a corrective action plan to ensure that when a child with a disability transfers from their district to another district in Wisconsin, complete educational records are sent within five working days.

This concludes our review of this complaint.

//signed by SJP 4/18/03
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

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