IDEA Complaint Decision 03-012

On February 27, 2003, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Rosendale-Brandon School District. This is the department's decision regarding that complaint. The issue is whether the district used required criteria and procedures when it evaluated the student in 2003.

The parent alleges that the district did not follow the required procedures and apply the eligibility criteria appropriately when it evaluated her child in 2003. On December 6, 2002, the parent notified the district of her intent to refer her child for evaluation for Emotional Behavior Disability (EBD). A notice of receipt of the referral was sent to the parent on January 7, 2003. The district contacted the parent by phone on January 14 to discuss if additional tests were necessary. On January 15, the district sent a notice requesting parent consent to conduct additional tests, which was signed on January 22. An IEP invitation was sent and on February 24, 2003, an IEP team meeting was held to determine the child's eligibility for special education on the basis of an EBD impairment.

The IEP team evaluation report including eligibility determination indicated that the child did not meet EBD eligibility. Subsequently, the parent requested an evaluation for Other Health Impairment (OHI). The district has completed an OHI evaluation and an IEP team meeting was held on April 16. The child was found eligible for the services under the impairments of OHI and EBD. The district will meet to develop an IEP on April 28.

The parent filed this complaint because she was dissatisfied with the evaluation completed on February 24. The district has corrected any error with regard to the first evaluation.

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

//signed CST 4/28/03
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

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