On October 13, 2016, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX against the Wauwatosa School District. This is the department’s decision regarding the complaint. The issues are whether the district, during the 2015-16 school year:
- properly developed and implemented a statement of transition services for a student with a disability as part of the student’s individualized education program (IEP);
- properly responded to a parent’s request for a change of placement; and
- properly ended the special education eligibility of a student through graduation with a regular high school diploma.
Properly developed and implemented a statement of transition services for a student with a disability as part of the student’s IEP
Beginning no later than the first IEP to be in effect when the student turns 14, and updated annually thereafter, the IEP must include appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills, and the transition services (including a course of study) needed to assist the student in reaching those goals. Transition services are a coordinated set of activities for a student with a disability that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student’s movement from school to post-school activities and is based on the student’s needs, taking into account their strengths, preferences, and interests.
On April 15, 2016, an IEP team meeting was held to develop a postsecondary transition plan for the student. The student and the parents attended the meeting. A postsecondary transition plan was developed that included postsecondary goals in the area of education/training and employment. The IEP team determined the student did not need postsecondary goals in the area of independent living skills. The plan also included transition services, a course of study, and annual goals to help the student progress toward meeting the postsecondary goals. Representatives from the Department of Vocational Rehabilitation (DVR) and the district’s Next Steps community-based post high school program for 18 to 21 year olds with disabilities attended the meeting. The parents received pamphlets and information about post high school services from DVR. The IEP team developed a statement of transition services in the IEP that called for enrollment of the student in a work-based experience during the 2015-16 school year. The school guidance and career office and DVR were responsible for the transition services. During the 2015-16 school year, the district arranged for the student to participate in a work-based experience in the community. Under the supervision of the district’s job coach, the student participated in the work-based experience one day each week for 90 minutes during the school year. The district properly developed and implemented a statement of transition services for a student with a disability as part of the student’s IEP.
Properly ended the special education eligibility of a student through graduation with a regular high school diploma
School districts must make a free appropriate public education (FAPE) available to all students with disabilities ages 3-21 unless the student has graduated from high school with a regular high school diploma. When a student’s eligibility for special education terminates either due to graduation with a regular high school diploma or due to exceeding the age of eligibility, it is considered a change of placement and the district is required to provide the student with a summary of the student’s academic achievement and functional performance, including recommendations on how to assist the student in meeting the student’s postsecondary goals.
One of the purposes of the April 15, 2016, IEP team meeting, was to consider whether the student would meet the district’s graduation requirements by the end of the 2015-16 school year. The IEP team, which included the parents and the student, discussed the student’s credit status and determined the student would meet the district’s graduation requirements. During the meeting, the parents shared that the student had applied to participate in Project Search, a business-led transition program, following high school. Because the district believed the student could benefit from additional transition services beyond senior year of high school, they invited the student to participate in their Next Steps transition program. Both programs focus on transitioning students with disabilities to postsecondary employment through onsite work experience. The parents and student declined the district’s Next Steps services because they felt Project Search would better meet the student’s transition needs. Because the IEP team found the student would meet the district’s graduation requirements by the end of the 2015-16 school year, a notice of graduation and summary of performance was sent to the parent following the meeting. The IEP team determined the student would meet the district’s graduation requirements by the end of the 2015-16 school year. The student was not entitled to special education services after graduation. The district properly ended the special education eligibility of a student through graduation with a regular high school diploma.
Properly responded to a parent’s request for a change of placement
A school district should grant any reasonable parent request for an IEP team meeting. If the district does not grant the request for an IEP meeting, it must provide written notice to the parent including an explanation of why the district has determined a meeting is not needed. On June 7, 2016, the parent contacted the high school principal and district administrator and asked the district to hold the student’s diploma in order to allow the student to participate in Project Search and potentially the Next Steps program. Because the IEP team had discussed graduation requirements, transition needs and placement during the April 15th IEP team meeting, the district did not reconvene the IEP team to consider the parent’s request for a change of placement. The district provided a written response explaining why the parent’s request for an IEP team meeting was denied. The district properly responded to a parent’s request for a change of placement.
This concludes our review of this complaint.
//signed CST 12/12/2016
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support
Dec/ajc