OFFICE OF SPECIAL EDUCATION
FINAL DECISION for State Complaint 14-00010
against the Northville Public Schools
February 28, 2014
ALLEGATION AND CONCLUSION
Conclusion
Compliant
Allegation 1
Compliant
Allegation 2
Allegation
Whether the district failed to provide supplementary
aids and services in accordance with the student's IEP
Whether the district failed to provide progress
reports, as specified on the student's IEP
INVESTIGATION
Allegation 1
Whether the district failed to provide supplementary aides
and services in accordance with the student's IEP
Legal Requirement for Allegation 1:
Rule 340.1722(3) of the Michigan Administrative Rules for Special Education
(MARSE) requires the district to provide special education and related services to a
student in accordance with the student’s IEP.
34 CFR § 76.731 of the federal Education Department General Administrative
Regulations requires the district to keep records demonstrating the implementation
of a student’s IEP, including the provision of supplementary aids and services.
Findings of Fact for Allegation 1:
The complainant indicated that the district did not provide accommodations and
modifications that were listed in the student’s IEP since November 9, 2013.
The district supervisor indicated that the teachers’ documentation was gathered and
showed that accommodations and modifications were provided as required.
According to the supervisor, the seminar class does not give assignments, tests,
quizzes, etc. but rather allows students time and opportunity to work on individual
work, review assignments, view content from the teachers, etc.
The February 12, 2013 IEP indicated that the student had all co-taught core
classes. Supplementary aids and services included the following:
State Complaint Final Decision: 14-00010
Office of Special Education
PA-OSE/State Complaint Document/Final Decision/6-3-2013
Page 1





Extended time on tests, quizzes and assessments in all subjects
Alternate location for tests, quizzes and assessments in all subjects
Small group setting for tests quizzes and assessments for all subjects
Use of calculator for tests, quizzes, assessments and assignments in
all subjects
Behavior intervention plan throughout the day in all subjects
Teachers’ accommodation documentation indicated a listing of accommodations was
provided by each of the students’ general education teachers. Accommodations
provided included extended time, alternative location, small group setting and
calculator use on tests and quizzes in addition to other accommodations not
required by the IEP. No documentation indicated that the behavior intervention plan
had been implemented.
Conclusion for Allegation 1:
The district clearly implemented the supplementary aids and services from the IEP,
dated February 12, 2013. With regards to the behavior intervention plan, this
document is stand-alone methodology and should be reviewed and revised
independent of the IEP process. As such, it should not have been included as an
accommodation on this student’s IEP. Furthermore, there are no rules or
regulations in the IDEA and the MARSE pertaining to the implementation or content
of behavior intervention plans. As the district did provide documentation for the
other supplementary aids and services as written in the IEP, the district is
compliant with R 340.1722(3).
Allegation 2
Whether the district failed to provide progress reports, as
specified on the student's IEP
Legal Requirement for Allegation 2:
Rule 340.1722(3) requires the district to provide special education and related
services to a student in accordance with the student’s IEP, including progress
reports.
34 CFR § 300.320(a)(3)(i)(ii) of the final regulations implementing the Individuals
with Disabilities Education Act (IDEA) requires the district to include on the
student’s IEP how student progress will be measured.
Findings of Fact for Allegation 2:
The complainant indicated that the district did not provide a progress report for the
November marking period.
District staff indicated that the case manager originally assigned to the student no
longer worked for the district. The school’s procedures for distributing progress
reports is for the case manager to either mail, email or send a copy of the progress
State Complaint Final Decision: 14-00010
Office of Special Education
PA-OSE/State Complaint Document/Final Decision/6-3-2013
Page 2
report home with the student. Records indicate that the progress report was
completed.
The February 12, 2013 IEP document indicated that the parents will be regularly
informed in writing of progress on goals and objectives from the IEP concurrent
with report card periods applicable to general education students.
The progress report dated as of January 24, 2014 indicated, in part that the reports
of progress on IEP goals were measured on March 28, 2013, June 13, 2013,
November 1, 2013, and January 24, 2014.
Conclusion for Allegation 2:
The district staff indicated a progress report was completed and that the district has
a procedure for distributing progress reports. Even though the case manager
responsible for distributing the student’s progress report no longer works for the
district, a review of documents included a completed progress report for the date
identified by the complainant. As there was a copy of the progress report for review
during this investigation, the district is compliant with R 340.1722(3) and 34 CFR
§ 300.320(a)(3)(i)(ii).
State Complaint Final Decision: 14-00010
Office of Special Education
PA-OSE/State Complaint Document/Final Decision/6-3-2013
Page 3