IDEA Complaint Decision 09-005

On January 30, 2009, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Plum City School District. This is the department’s decision regarding that complaint. The issues are whether the district, during the 2008-2009 school year, provided a copy of the procedural safeguards notice to the parents of a student with a disability and properly notified the parents of a January 2009 individualized education program (IEP) team meeting.

Each district must take steps to ensure one or both of the parents of a student with a disability are present at each IEP team meeting or are afforded the opportunity to participate. This includes notifying the parents of the meeting early enough to ensure they will have an opportunity to attend. The district acknowledges it did not properly notify the parents of the January 6, 2009 IEP team meeting, which was cancelled per the parents’ request. On January 8, 2009, January 13, 2009, and January 19, 2009, the district contacted the parent to reschedule. The annual IEP team meeting was rescheduled for January 29, 2009, and the district properly notified the parents of this meeting. The IEP team meeting was held as scheduled, and the mother and the student attended.

A copy of the procedural safeguards must be given to the parents of a student with a disability only one time during a school year; except a copy must also be given to the parents upon initial referral or parent request for evaluation, upon receipt of the first Individuals with Disabilities Act (IDEA) complaint in a school year, in accordance with discipline procedures, and upon request by a parent. The district provided a copy of the procedural safeguards notice to the parents prior to the January 29, 2009, meeting, and none of the exceptions listed above required the district to provide another copy.

Within 30 days of the date of this decision, the district must submit a proposed corrective action plan to the department for approval prior to implementation. The proposed corrective action plan must ensure parents are provided proper notice of IEP team meetings.

This concludes our review of this complaint.

//signed CST/SJP 3/12/09
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

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