IDEA Complaint Decision 07-070

On October 16, 2007, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Mauston School District. This is the department’s decision regarding that complaint. The issues are whether the district, during the 2007-2008 school year:

  • Properly responded to a parent’s request for an individualized education program (IEP) team meeting for her child; and
  • Properly considered and determined needed positive behavioral interventions, strategies and supports to address behavior impeding learning.

The parent alleges the district did not respond to her request for an IEP team meeting for her child in a timely manner. On October 4, 2007, the parent requested an IEP team meeting via email to the Cooperative Educational Service Agency #5 assistant special education director to address her child’s behaviors. The parent and the assistant special education director were in communication via email regarding a mutually agreeable time for the IEP team meeting. On October 18, an IEP team meeting was held to discuss the child’s needs for positive behavioral interventions, strategies and supports. The parent and the child attended the meeting. The IEP team considered and determined the following positive behavioral interventions, strategies and supports: (1) unexcused tardies would be dropped; (2) the child would have access to food in the special education room; (3) the child would be on time to school; and (4) when three unexcused tardies in one class are accrued, detention would be served. The parent agreed to these changes on her child’s IEP. The district properly responded to the parent regarding a request for an IEP team meeting in a timely manner. The district also properly considered and determined whether the child required positive behavioral interventions, strategies and supports to address behavior impeding learning.

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

//signed 12/17/07
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/svb

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