The parent of a child with a disability filed a state complaint under the Individuals with Disabilities Education Act alleging several violations by the School District and Area Education Agency. After an investigation, the Department ruled the complaint was NOT CONFIRMED. The Department held, in part: (1) the Department would not consider email exchanges to schedule mediation as evidence, (2) the Department lacked the authority under the state complaint process to fire a teacher or order a teacher to be fired, and (3) suggestions by an IEP Team member to amend the child’s IEP were permissible and did not amount to the Team member "urging" the Team to "ignore" the child’s current IEP.
This Complaint is not confirmed and the Department will not order corrective action.