On June 10, 2024, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (complainant) against the #### (district). This is the department’s decision regarding this complaint. The issue identified is whether the district, during the 2023-24 school year, properly implemented the individualized education program (IEP) of a student with a disability regarding specially designed instruction in math and supplementary aids and services.
School districts meet their obligation to provide a free, appropriate public education (FAPE) to each student with a disability, in part, by developing a program based on the student’s unique, disability-related needs that is reasonably calculated to enable the student to make progress appropriate considering the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. The IEP must include a statement of the special education services to be provided to the student. 34 CFR §§300.320(a), 300.324(a). All services must be clearly described in the IEP in a manner that can be understood by all involved in the development and implementation of the IEP. 34 CFR §§ 300.320(a)(4) and (a)(7). Districts must ensure that each service provider is informed of their specific responsibilities related to implementing each student's IEP and the specific accommodations, modifications, and supports the district must provide the student in accordance with the IEP. 34 CFR § 300.324(d).
The student who is the subject of this complaint attends the district middle school and has disability-related needs in reading and understanding math concepts. The student is described as a very hard worker with good attendance and participation. The student completes assignments appropriately and asks for help when needed.
The student’s parents contacted school staff frequently and raised many general concerns throughout the course of the school year. Most often these concerns were not about whether the district was properly implementing specific services identified in the student’s IEP. The concerns were usually about disagreements with or the conduct of staff, including allegations that some would refuse to help the student despite their requests. District staff described and provided documentation of multiple conversations and meetings with the student’s family in attempts to address their concerns.
Whether the district properly implementation the student’s IEP regarding specially designed instruction in math.
The student’s IEP indicates they have disability-related needs in math, specifically completing multi-step problems and understanding new concepts. The statement of the student’s present levels of academic achievement regarding math contains anecdotal information about the student’s math performance rather than sources of current student specific data that can serve as baseline information for annual goals. The only specially designed instruction in the student’s IEP is described as 40 minutes per day of “study hall/academic support in all core academic areas with supplemental instruction in reading strategies, comprehension skills and understanding of content, test taking strategies, and reteaching of skills,” to be provided in a special education environment. District staff explained that the student’s special education teacher provides instruction and support to the student and others in their regular education math class, but the IEP does not describe this service as specially designed instruction and staff were unable to demonstrate how and when specially designed instruction was provided to the student. Since the IEP is not appropriately developed regarding providing specially designed instruction in math, it is not possible to verify its implementation.
Whether the district properly implemented the student’s IEP regarding supplementary aids and services.
The student’s IEP includes many supplementary aids and services, including the ability to take tests and quizzes in the resource room, no penalization for spelling errors, test directions and questions read aloud, extended time on tests, requiring limited note taking and providing notes when more than one page required, use of a word bank for new vocabulary, audio books, modified grading, paper copies of quizzes and tests, oral responses on assignments and assessments, use of a scribe, seating toward the front of the classroom, distraction free environments during assignment completion, and allowing breaks in the resource room for cooling down or quiet work time. The district demonstrated via staff interviews and written narratives that the student was provided these supplementary aids and services consistently in regular education classes and during their daily study hall in the special education classroom.
Before the beginning of the 2024-25 school year, the district must reconvene the IEP team to revise the description of specially designed instruction to ensure that the district’s commitment of resources and the amount of time committed are clear specific to specially designed instruction in math. The district must ensure all involved in the development and implementation of the IEP have a shared understanding of these services, including the student’s parents. Additionally, the IEP team must consider whether compensatory services are required for the student as a result of the lack of clarity specific to specially designed instruction in math. Within 10 days of the IEP team meeting, the district must submit a copy of the revised IEP to the department.
All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. This concludes our review of this complaint. This decision is final for the IDEA State Complaint process. These issues may be addressed through other dispute resolutions, including mediation and due process hearings. For more information, visit the department’s website at http://dpi.wi.gov/sped/dispute-resolution or contact the special education team at (608) 266-1781.
For questions about this information, contact dpispeddata@dpi.wi.gov (608) 266-1781