Tennessee State Government
IDEA WRITTEN ADMINISTRATIVE COMPLAINT# 19-37Name of the school system: Shelby County Schools (SCS)Description of the violation:SCS failed to provide IEP services to Student during his placement at the alternative school from 1/31/19 through 5/24/19;SCS failed to provide parent with periodic IEP progress reports;SCS failed to hold an MDR for Student after an out-of-school suspension (OSS) that occurred on 11/14/19;SCS failed to provide prior written notice (PWN) to parent after removing an IEP area of exceptionality;SCS improperly removed Student from his educational placement for disciplinary reasons and failed to provide IEP services; and SCS failed to provide Student with a free and appropriate public education (FAPE).Description of the law or regulation determined to be violated: 34 C.F.R. §300.530(b)(2) Removal from services for disciplinary reasons34 C.F.R. §300.347(a)(7) IEP Progress notification34 C.F.R. §300.503 Prior notice by the public agency: content of notice34 C.F.R. §300.530 Authority of school personnel 34 C.F.R. §300.17 Free appropriate public education SBOE Rule 0520-01-09-.05 Free appropriate public education SCS must correct these violations by implementing the following corrective actions:SCS must communicate potential dates for hosting trainings provided by the Tennessee Department of Education (TDOE) on the aforementioned regulations for relevant SCS staff as determined by the department. Training must be completed no later than 8/1/2020. SCS must provide sign-in sheets for participants as documentation of staff participation; and2. Convene an IEP team meeting within ten (10) school days of receipt of this report to address Student’s identified educational needs and to determine the need for compensatory educational services. The IEP team shall:a. develop a plan for providing the following missed services: 8.5 hours of math inclusion, 8.5 hours of ELA inclusion, and 8.5 hours of special education intervention (for a total of 25.5 hours of compensatory education services;b. review service logs and attendance records from 1/31/19 through 5/24/19 in order to calculate services missed between 1/31/19 through 5/24/19 and develop a plan for the provision of such services;c. revise Student’s IEP to include current data to determine Student’s current levels of performance in order to determine if Student’s IEP goals are sufficient to meet his educational needs and to allow for appropriate participation and progress in the general curriculum; and3. Provide documentation of the IEP team meeting outcomes within ten (10) days after convening. The outcomes should include the number of compensatory education hours determined, a plan for providing the hours, as well as the proposed date for completion of these hours;4. Within 30 days of the agreed upon option(s), SCS must send the department the details and timelines for completing the compensatory services. If Complainant refuses any or all compensatory services, a signed statement from Complainant must be provided to the department; and5. Within ten (10) days of completion of all required compensatory services, SCS must send to the department final signed documentation from Complainant verifying completion.Final determination of the department: The Department will monitor and document SCS compliance with corrective measures ordered. ................
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