IDEA Complaint Decision 09-079

On December 28, 2009, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against Lakeland Union High School. This is the department’s decision regarding that complaint. The issue is whether the district, from March through June 2009, properly documented individualized education program (IEP) team decisions.

During the 2008-2009 school year, the student attended a day treatment program for a half-day on a daily basis. For the other half day in the district, the student participated in four classes in a self-contained classroom for two hours and twenty-five minutes. On April 30, 2009, the student’s IEP team meeting was held. At this meeting, staff affiliated with the day treatment program and county human services made recommendations for the student’s school day to start later, from 9:00 a.m. to 2:30 p.m., and to participate in two additional regular education classes for the start of the 2009-2010 school year. The IEP team discussed these recommendations, but it was agreed an IEP team meeting would reconvene prior to the start of the school year to discuss the student’s progress and to make final determinations regarding how the student would transition back into the school setting.

The special education teacher stated attempts were made to contact the student’s guardian to set up an IEP team meeting prior to the beginning of the school year. On August 24, 28 and 31, 2009, the teacher left phone messages for the guardian. Prior to the start of the school year, the special education director received a call from the guardian, who stated the student would no longer attend the district at the start of the 2009-2010 school year. The department has determined the district did not make errors with regard to documenting the IEP team decisions.

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

//signed CST 2/22/10
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy

Dec/svb