On June 6, 2023, 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 that complaint. The issues identified are included below and apply to the period of time beginning June 6, 2022.
Whether the district properly implemented the individualized education programs (IEPs) of two students with disabilities regarding behavior.
School districts must provide a free appropriate public education (FAPE) to each student with a disability, in part, by developing an individualized education program that meets the student’s unique needs, documenting that program in the student’s IEP, and implementing the special education and related services in accordance with the student’s IEP. 34 CFR §§ 300.323(c)(2) & 300.324; Wis. Stat. § 115.787. In the case of a student whose behavior impedes the student's learning or that of others, IEP teams must consider the use of positive behavioral interventions and supports and other strategies to address that behavior. 34 CFR § 300.324 (a)(2)(i).
The students who are the subjects of this complaint are siblings. Both student’s IEP teams have identified behavior as a special factor affecting the student’s own learning and that of other students. Each student’s IEP in effect beginning June 6, 2022, included positive behavior supports and interventions to be provided to the student to address these behavioral concerns. Each student had a behavior intervention plan in place beginning June 6, 2022. The department's investigator interviewed staff members responsible for implementing positive behavior supports who were able to confirm the supports were provided as specified in the students' IEPs.
Whether the district properly determined the student’s educational placements including the length of their school days and placement in the least restrictive environment (LRE).
In Wisconsin, placements of students with disabilities must be determined by IEP teams in conformity with LRE requirements. Each student’s placement determination must be based on the student’s individual needs as specified in the IEP; be determined at least annually; be as close as possible to the student’s home; and, unless the student requires some other arrangement, in the school the student would attend if not disabled. The IEP team must document its placement decision, including its consideration of LRE, in the IEP. Wis. Stat. § 115.79; 34 CFR § 300.116.
It is only appropriate to shorten the length of the school day for a student with a disability if the student’s IEP team determines a shortened day is required to address the student’s unique, disability-related needs. This should be a very rare occurrence. Before deciding to shorten the student’s day, the IEP team must consider if there are other ways to meet the student’s needs. When a student’s school day is shortened, the student’s IEP must include an explanation of why the student’s disability-related needs require a shortened day, and a plan for the student’s return to school for a full day, including a plan to meet more frequently to review student data and determine whether the student is able to return to school full-time. The student should return to a full school day as soon as they are able, and under most circumstances, a shortened school day should be in place for a limited amount of time. Shortened school days may not be used to manage student behavior or as a means of discipline. A school district may not require a student to "earn" back the return to a longer or full school day by demonstrating good behavior. 34 CFR § 300.116; DPI Special Education Information Update Bulletin 14.03.
On June 6, 2022, Student A (Demetrius Murry) was placed half days at his home high school and half-days at an alternative program for students with disabilities. Student A’s IEP team met on October 20, 2022, and January 4, 2023. In neither meeting did the student’s IEP team appropriately document its discussion of LRE, including why full-time participation with non-disabled peers was not appropriate, or other options considered related to the placement determination and the reasons for rejecting those options. In January 2023, Student A transferred to a different high school within the district. The district held a transition meeting with the student and parent and the student was assigned to receive instruction at a nearby public library for half-days. No IEP meeting was held regarding this transition and shortened day schedule until April 21, 2023. At the April 2023 IEP team meeting the team determined the student would remain in the half-day library placement for the remainder of the 2022-23 school year and that the student would return full-time to the high school at the beginning of the 2023-24 school year. At this meeting the team documented its discussion of LRE, including why full-time participation with non-disabled peers was not appropriate, other options considered to meet the Student A’s educational needs, and the reasons for rejecting those options. In failing to appropriately document the LRE discussion in the student’s October 2022 IEP and changing the student’s placement without an IEP team meeting upon the student’s transfer to a new school, the district did not properly determine Student A’s educational placement between June 6, 2022, and April 21, 2023.
The IEPs for Student B (Demetrianna Murry) indicates the student has a disability-related need in social and emotional development. The student is working on using coping strategies such as taking a walk, calling someone, or talking with a trusted adult) to improve her ability to engage in schoolwork and social relationships. The student’s IEP indicates the IEP team changed the student’s placement several times during the school year following physical altercations. On June 6, 2022, Student B was placed on a half-day schedule at her home high school and half day at an alternative program. The student’s IEP team met on September 27, 2022, and reduced the student’s placement to half-day at the home high school only. The student’s IEP does not specify why the student’s disability-related needs required this change to their school day. The team met again on October 18, 2022, and continued Student B’s half-day placement. The only documentation of the IEP team’s LRE discussion for these meetings was a brief statement that the student needed extra support with assignments, there was no documentation that other options for meeting the student’s educational needs had been considered or the reason for rejecting those options. On February 8, 2023, the IEP team met and revised the student’s placement to a half-day at a nearby public library. The IEP team discussed that the student had been involved in physical altercations at school and decided the student would benefit from placement in a smaller setting away from school to reset. On March 14, following the student’s frequent absences from the meeting at the public library, the IEP team placed the student half-days in an alternative program. The IEP team continued this placement on April 6, 2023. The only documentation of the IEP team’s LRE discussion for these meetings was a statement that the student had engaged in three acts of physical altercation since the beginning of the school year. The IEP team did not document consideration of any other options for meeting the student’s educational needs or the reasons for rejecting those options. On April 24, 2023, the IEP team determined the student would attend the alternative program for half-day and attend the high school for one hour. This placement was continued by the IEP team at a meeting held May 17, 2023. The IEPs from these meetings include general discussion about the student’s disability-related delays in emotional skill development and explained that following an incident such as a physical altercation in school, the student needed time and opportunity to “reset” as justification for the different placement locations and lengths of school day that IEP team attempted. The IEPs include documentation that the IEP team considered full- time placement at the alternative program and the high school and explained reasons for rejecting those options. The IEP included plans to meet more frequently to discuss the student’s progress. However, the plan for returning the student to full day instruction in a less restrictive environment is not clear and includes the student continuing to learn to focus and not get caught up in social situations happening around them. Over the course of the school year, the IEP team documented that the student was making significant progress in their emotional development but did not explain how that progress informed the IEP team’s decisions about the student’s placements. The district did not properly determine Student B’s educational placement.
The district shall convene Student A’s IEP team prior to the start of the 2023-24 school year to determine required compensatory services, as well as additional supports or services to be provided to the student moving forward, to address any lack of progress towards the student’s annual IEP goals and progress in the general curriculum as a result of their placements during the 2022-23 school year. The district shall provide a copy of the Student A’s IEP documenting the results of this discussion within 10 days of the date of the meeting.
The district shall convene Student B’s IEP team prior to the start of the 2023-24 school year. Student B’s IEP team shall thoroughly discuss Student B’s placement solely in light of her disability-related needs. The placement discussion shall include consideration and documentation of other options to meet the students’ needs in the regular education environment on a full- time basis. If the team determines such options are not sufficient to meet the student’s educational needs, it will discuss and document why that is so. If the team determines the student requires a shortened-day schedule it will develop and document a specific plan for returning the student to full-time instruction. The IEP team is directed to determine required compensatory services, as well as additional supports or services to be provided to the student moving forward, to address any lack of progress towards the student’s annual IEP goals and progress in the general curriculum as a result of their various placements during the 2022-23 school year. The district shall provide a copy of Student B’s IEP documenting the results of the discussion within 10 days of the meeting.
Within 30 days of the date of this decision, the district shall provide the department a corrective action plan outlining the steps it will take to ensure IEP teams appropriately discuss and document students’ educational placements including the length of their school days and placement in the least restrictive environment.
Whether the district properly followed special education disciplinary requirements.
Special education disciplinary requirements apply when a student has been removed from school for more than 10 cumulative days during the same school year. 34 CFR § 300.530(b). When a student is removed for more than 10 cumulative days, the district must provide services to enable the student to continue to participate in the general education environment and to make progress toward the IEP goals. Neither student was removed from school for more than 10 days during the school year relevant to this complaint and therefore the district was not required to apply the disciplinary requirements to either student.
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. For more information, visit the department’s website at http://dpi.wi.gov/sped/dispute-resolution or contact the special education team at (608) 266-1781.
For questions about this information, contact dpispeddata@dpi.wi.gov (608) 266-1781