IDEA Complaint Decision 09-025

On April 9, 2009, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Racine Unified School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2008-09 school year, properly responded to a request for a special education reevaluation to determine whether a child continues to be a child with a disability.

A school district must conduct a reevaluation of a student with a disability either when the district determines a reevaluation is needed or if the student’s parent or teacher requests an evaluation. The student is a parentally placed private school student attending a school located within the Racine Unified School District. On March 2, 2009, the school district received a written referral for reevaluation from the student’s teacher. The referral identified specific learning disability, speech/language, other health impairment, and autism as areas of suspected disability. On March 10, 2009, an employee of the Racine Unified School District contacted the parents and informed them the student would not qualify for special education under the categories of specific learning disability and other health impairment. The employee further informed the parents the district could not provide equitable services under a services plan unless the parents withdrew the request for reevaluation.

The district acknowledges it did not respond appropriately to the request for reevaluation. On April 27, 2009, the district and parents participated in an individualized education program meeting where it was agreed to complete the reevaluation of the student.

Within 30 days, the district must submit a corrective action plan to ensure district staff respond appropriately to requests for special education reevaluations.

This concludes our review of this complaint.

//signed CST 5/28/09
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/ps