IDEA Complaint Decision 10-034

On May 13, 2010, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Milwaukee Public Schools. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2009-2010 school year, considered positive behavioral interventions, strategies, and supports to address behavior impeding learning.

In the case of a student whose behavior impedes the student’s learning, or that of others, an individualized education program (IEP) team must consider the use of positive behavioral interventions and supports and other strategies to address that behavior. The February 5, April 13 and 21, 2010 IEPs included the same list of positive behavioral interventions and supports and other strategies to address the student’s behavior. The positive behavioral interventions and supports and other strategies to address the student’s behavior are frequent reminders to stay focused, tokens, verbal praise, computer time and reading games, proximity to teacher, one-on-one support, redirection, peer buddies, shortening assignments, and oral answers. The April 21, 2010 IEP includes a functional behavioral assessment (FBA) and a behavior intervention plan (BIP). The BIP list additional positive consequences, “special award sent home, pick from a menu of free time choices, positive praise and earn Dragon Dollars.” The student’s parent participated in the IEP team meetings. The district considered positive behavioral interventions, strategies, and supports to address the student’s behavior impeding learning.

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

//signed CST 6/21/10
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