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IDEA Complaint Decision 22-075

On September 22, 2022, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parents) against the #### School District (district). This is the department’s decision regarding the complaint. The issues are whether the district, during the 2022-23 school year, improperly made changes to the individualized education program (IEP) of a student with a disability and properly implemented the student’s IEP regarding school nursing services.

The student was enrolled in the school district as a non-resident student under Wisconsin’s Public School Open Enrollment Law (Wis. Stat. § 118.51) during the 2021‑22 school year. The student attended a public charter school authorized by the district under the provisions of Wis. Stat. § 118.40. In August 2022, the district terminated the student’s open enrollment based upon a determination that the school did not have the resources to meet the student’s physical health needs. Concerns regarding whether this determination and subsequent open enrollment termination are not issues that may be addressed through the special education state complaint process. The student’s parents have appealed the open enrollment termination under provisions of Wis. Stat. § 115.81.

School districts must provide a free appropriate public education (FAPE) to each student with a disability by developing a program that meets the student's unique needs, documenting that program in the IEP, and implementing the program articulated in the IEP. The IEP must include a statement of the special education, related services, and supplementary aids and services to be provided to the child, including the projected date for the beginning of the services and the anticipated duration of the services. All services must be clearly stated in the IEP in a manner that can be understood by all involved in the development and implementation of the IEP. 34 CFR §§ 300.320(a)(4) and (a)(7).

Changes to the IEP may be made after the annual IEP team meeting by the IEP team at an IEP team meeting, or upon agreement of the parent and the district, the district may develop a written document to amend or modify the child's current IEP without holding an IEP team meeting. 34 CFR § 300.324(a)(4).

The student’s IEP in effect at the beginning of the 2022-23 school year was developed on November 15, 2021. No IEP team meetings were held for the student, and no changes were made to the student’s IEP after November 15, 2021. The IEP specified that the student would be monitored daily for temperature, seizures, and medication by delegated staff overseen by a school nurse. These services were provided as specified during the 2021-22 school year, and the district terminated the student’s open enrollment before the start of the 2022-23 school year. The district properly implemented the student’s IEP regarding school nursing services. Additionally, the district made no changes to the November 15, 2021, IEP prior to the beginning of the 2022-23 school year. The district did not improperly make changes to the student’s IEP.

This concludes our review of this complaint, which we are closing. 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