On July 7, 2023 (form dated June 22, 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 this complaint. The issue identified is whether the district, during the summer of 2023, properly implemented the individualized education program (IEP) of a student with a disability regarding extended school year (ESY).
School districts must provide each student with a disability a free appropriate public education (FAPE). School districts provide FAPE, in part, by developing a program that meets the student’s unique needs, documenting that program in the student’s IEP, and implementing the program as articulated. 34 CFR § 300.324. Each school district must ensure that ESY services are available as necessary to provide a FAPE. Extended school year services must be provided if a student’s IEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student. 34 CFR § 300.106. Specialized transportation is considered a related service. Each student's 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).
The student who is the subject of this complaint has an IEP in place that was developed in February 2023. The IEP indicates the student required ESY during the summer of 2023. The student was to receive specialized instruction in reading and math, speech therapy, and several supplementary aids and services. The student also required specialized transportation to and from school daily. The student’s ESY services were to be provided during the district’s summer school session and would take place at a different location than the school the student typically attends. The student’s ESY services were scheduled to begin on June 20, 2023.
On June 19, 2023, the complainant contacted the district’s director of special education because they had not received confirmation for the student’s specialized transportation which was to begin on June 20, 2023. The director checked and learned that specialized transportation had not been arranged. The director took immediate action to coordinate the transportation. District staff contacted the complainant to offer alternative transportation for the first day of school, but the complainant did not accept the offer and drove the student to school. On the morning of June 21, 2023, the complainant received confirmation of the transportation services and the student took the bus to the school on that same day.
The district acknowledges transportation services were not properly arranged for the student. No student specific corrective action is required for this violation because the student received all the ESY services despite the district’s delay in arranging transportation. The district has reviewed and revised its process for coordinating ESY transportation. This includes adding a step in its procedures reminding staff to complete specific forms prior to the end of the school year for each student who requires ESY and transportation. District level staff will review all these submissions and compare them with the list of students who will be provided ESY. If any student does not have forms completed in a timely manner, district staff will follow up with the student’s case manager, who will contact the student’s family. Additionally, the district procedure will ensure each family receives an email with transportation details and schedules one week prior to the beginning of ESY services. The department accepts the district’s revised process, and no additional district level corrective action is required.
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