On June 30, 2016, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX against the De Forest Area School District. The issue is whether the district, during the 2015-16 school year, properly responded to a request from the parent of a student with a disability to make changes to the student’s individualized education program (IEP) and behavior intervention plan (BIP). This is the department’s decision regarding that complaint.
School districts must take steps to ensure parents of a child with a disability are afforded the opportunity to participate in the development of their child’s IEP. In developing the child’s IEP, the IEP team must consider the concerns of the parents for enhancing the education of their child. In the case of a child whose behavior impedes the child’s learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports, and other strategies to address that behavior.
On June 2, 2016, an IEP team meeting was held to review and revise the student’s IEP and BIP. The parents attended the meeting and expressed concerns about the use of seclusion and restraint and the implementation of future recommendations from an outside agency for behavior interventions. The parents’ concerns are documented in the IEP. The IEP team revised the BIP to include details about behavior triggers, prevention and intervention strategies, and specific language regarding the use of seclusion and restraint. District staff members assured the parents during the meeting, as well as in subsequent emails, that the district would be happy to discuss and consider adding positive behavioral strategies and supports that were subsequently found effective by the outside agency working with the child. On August 16, 2016, an IEP team meeting was held for the purpose of reviewing and revising the student’s IEP and BIP. The parent invited a representative from the outside agency working with the student. New information from the outside agency was presented and the parent provided the district with a draft BIP. The IEP team will reconvene on August 25, 2016, to complete the review and revision of the IEP and BIP. The district properly responded to a request from the parent of a student with a disability to make changes to the student’s IEP and BIP.
This concludes our review of this complaint.
//signed CST 8/29/2016
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support