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IDEA Complaint Decision 18-037

On April 16, 2018, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX (parent) against the Mishicot School District (district). This is the department’s decision regarding the complaint. The issue is whether the district, since April 16, 2017, properly fulfilled its responsibility to identify, locate, and evaluate a student with a disability.

A school district must identify, locate, and evaluate all children with disabilities residing within the district. A parent who believes their child has a disability and is in need of special education may submit a written referral for evaluation to the school district. The school district must conduct an evaluation on submission of a written referral. In addition, any person employed by the school district and licensed under section 115.28(7) of the Wisconsin Statutes must refer a child they reasonably believe to be a child with a disability for evaluation. The student in this complaint is a senior at the district’s high school. The student currently has a 3.25 grade point average and is on track to graduate at the end of this school year. The parent did not request, either verbally or in writing, the student be evaluated for special education at any time between April 16, 2017, and the present. District staff, based on the student’s current school performance, do not have reason to believe the student has a disability and is in need of special education. The district properly fulfilled its responsibility to identify, locate, and evaluate a student with a disability.

This concludes our review of this complaint which we are closing. This decision is final for the IDEA State Complaint process.

//signed CST 6/15/2018
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support

dec:pas

For questions about this information, contact DPI Sped Team (608) 266-1781