On February 12, 2018 (form dated January 12, 2018), the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX (parent) against the Kettle Moraine School District (district). This is the department’s decision regarding that complaint. The issues are whether the district, during the 2017-18 school year:
- Properly implemented an individualized education program (IEP) of a student with a disability regarding 1:1 aide services and the behavior intervention plan (BIP); and
- Properly ensured the student’s IEP was accessible to each district staff person responsible for its implementation, and that each district staff person was informed of his or her specific responsibilities related to implementing the IEP at the beginning of the 2017-2018 school year.
Each student’s IEP must include a statement of the special education, related services, supplementary aids and services, and program modifications or supports for school staff to be provided based on each student’s unique needs. All services must be provided as described in the IEP. In addition, when the behavior of a student with a disability impedes the student’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. The district must ensure that the student’s IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation. The district must also ensure that each teacher and provider is informed of their specific responsibilities related to implementing the student’s IEP, and is informed of the specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
The student’s IEP was developed at an IEP team meeting on February 17, 2017, attended by the parent. The IEP was implemented on March 10, 2017, and had an end date of March 9. 2018. Under the supplementary aids and services section of the IEP, the team wrote “[the student] requires 1:1 supervision for safety during the entire school day.”
Both the student’s IEP and BIP included references to picture cues as strategies to help the student. The BIP was implemented as written, and visual cues were provided to the student. District staff, however, acknowledge there were times during the school day in the fall of 2017 when the student did not receive 1:1 supervision as the aide working with the student also helped one or two other students during transition times. District staff believed this problem had been rectified after Thanksgiving in 2017. However, the staff sent an email to the complainant dated January 4, 2018, which stated: “I am disappointed that we didn’t know the wording of the IEP exactly as written. Rest assured that [the student’s] safety is our number one concern and that [the student] has had support throughout the school day and one on one most of the time. This will be addressed immediately.” The student subsequently received 1:1 aide support.
During interviews, staff stated copies of the IEP and BIP were available for all staff working with the student in the special education classroom. However, as noted in the email, each staff member was not properly informed of their responsibilities in implementing the IEP.
Within 30 days of the date of this decision, the district must develop and submit to the department a corrective action plan to ensure staff are properly informed of their specific responsibilities in implementing an IEP, and that IEPs are implemented as written.
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.
//signed CST:pmw 3/13/2018