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IDEA Complaint Decision 19-068

On September 25, 2019, the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX (parent) against the XXXXX (district). This is the department’s decision regarding the complaint. The issue is whether the district, since September 25, 2019, properly developed and implemented the individualized education program (IEP) of a student with a disability.

The student’s IEP team met and revised the student’s IEP on October 16, 2018. This IEP specified special education services to be provided to the student at the district’s high school, with the exception of three to four 80-minute outings to community settings per month. In the spring of 2019, the student participated in the district’s graduation ceremony, but did not receive a regular education diploma, and thus remained eligible to receive special education and related services during the 2019-20 school year. District staff and the parents discussed the 2019-20 school year on several occasions between the IEP team meeting on October 16, 2018, and the beginning of the 2019-20 school year, but no IEP team meeting was held to discuss the student’s placement or special education services. On the first day of the school year, the district began providing special education services for the student at an off-campus location. The student’s IEP team subsequently met on September 19, October 3, and October 11, to review and revise the IEP. The student’s current IEP accurately reflects the special education provided services to the student and the location of those services.

In failing to hold an IEP team meeting prior to the commencement of the 2019-20 school year to discuss, determine, and document the new special education services and placement for the student prior to changing the delivery of the student’s services, the district did not properly develop and implement the student’s IEP. Within 30 days of the date of this decision, the district shall submit to the department a corrective action plan outlining the steps it will take to ensure that IEP team meetings are held and IEPs are revised as appropriate prior to implementing any changes in special education services or placement for all students.

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. Visit http://dpi.wi.gov/sped/dispute-resolution for more information.

Sincerely,

//signed by BVH 11/1/19
Barbara Van Haren, PhD
Assistant State Superintendent
Division for Learning Support
BVH:pas

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