On April 26, 2022, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (complainant) against the #### (district). This is the department’s decision regarding the complaint. The issues identified are whether the district, during the 2021-22 school year, properly addressed incidents of alleged bullying involving a student with a disability and properly implemented the student’s individualized education plan (IEP) with respect to the provision of transportation.
Whether the district properly addressed incidents of alleged bullying involving a student with a disability.
School districts have an obligation to ensure that a student with a disability who is the target of bullying behavior continues to receive a free appropriate public education (FAPE) in accordance with his or her individualized education program (IEP). The district should, as part of its appropriate response to the bullying, convene the IEP team to determine whether, as a result of the effects of the bullying, the student’s needs have changed such that the IEP is no longer designed to provide FAPE. If the IEP is no longer designed to provide FAPE to the student, the IEP team must then determine to what extent additional or different special education or related services are needed to address the student’s individual needs; and revise the IEP accordingly. 34 CFR 300.320(a)(4).
In February 2022, the student’s parent informed school district employees that the student had been bullied and that the student’s teacher had spoken approvingly of the bullying behavior. The district conducted a formal investigation into the teacher’s
conduct and was unable to substantiate the parent's allegations. The district offered to discuss the alleged bullying at an IEP team meeting, but the parent did not wish to discuss the matter until this complaint was resolved. Regardless of the parent’s willingness, the district should have convened the student’s IEP team to review and make any appropriate changes to the IEP, if necessary, to ensure the continued provision of FAPE.
As corrective action, the district is directed to convene the student’s IEP team within 30 days of the date of this decision to discuss whether the student’s IEP continues to provide FAPE considering the alleged bullying and revise the IEP as appropriate. The district shall provide the department a copy of the student’s revised IEP within 10 days of the date of the meeting.
Whether the district properly implemented the student’s IEP with respect to the provision of an aide during transportation.
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. 34 CFR 300.302(a)(4). IEPs must describe services so the level of the district’s commitment of resources is clear to parents and other IEP team members. The description of the amount, frequency, location, and duration of each service must be appropriate to the specific service and stated in the IEP, in a manner clear to all who are involved in both the development and the implementation of the IEP. All services must be provided as described in the IEP. 34 CFR 300.323(a).
The student’s IEP in effect during the 2021-22 school year included transportation as a related service. The IEP described the transportation services to include an aide for transportation to and from school. The district agrees that the aide was not consistently provided during the school year due to staffing issues, which contributed to poor student attendance.
As corrective action, the district will convene the student’s IEP team within 30 days of the date of this decision to discuss whether compensatory services are necessary to address the failure to consistently provide an aide during transportation. The IEP team shall also discuss and document any appropriate transportation services for the 2022-23 school year. The district shall provide the department a copy of the student’s revised IEP within ten days of the date of the meeting.
This concludes our review of this complaint. All corrective action identified above must be completed within one year of the date of this decision. 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. For more information, visit the department’s website at http://dpi.wi.gov/sped/dispute-resolution.