On August 31, 2023 (form dated June 14, 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 issue identified is whether the district, beginning August 31, 2022, properly implemented the individualized education program (IEP) of a student with a disability.
School districts must provide each student with a disability with a free appropriate public education (FAPE) in the least restrictive environment. School districts meet their obligation to provide FAPE to each student with a disability, in part, by developing an IEP based on the student’s unique, disability-related needs that is reasonably calculated to enable the student to make progress appropriate in light of the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. For most students, the IEP must be designed to allow the student to progress from grade to grade, but if that is not possible, the IEP should be appropriately ambitious in light of the student’s circumstances. 34 CFR §§ 300.320-300.324; Wis. Stat. § 115.78[2]; Endrew F. v. Douglas County School District, 137 S.Ct. 988. Each student's IEP must include a statement of the special education, related services, and supplementary aids and services to be provided to the student, 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 was in kindergarten during the 2022-23 school year. The student’s IEP team met on December 19, 2022, and determined the student would receive speech and language services for 30 minutes weekly starting on January 3, 2023.
The district’s speech and language pathologist who was to provide services to the student resigned before the district could begin to implement the revised IEP. The position was vacant beginning January 3, 2023. District staff informed the parents of affected students of the vacancy and sent several additional communications throughout the second semester of the 2022-23 school year describing its efforts to hire a replacement speech and language pathologist. The district described their search for qualified candidates throughout the region including job postings with surrounding state universities, advertisements on internet job sites, and efforts to contract with private agencies for purchase of services including teleservices.
As of May 16, 2023, the staff notified the student’s parent they had not yet been able to fill the position. District staff informed the parent that once the position was filled, the student’s IEP team would reconvene and consider compensatory services the student would require due to the services the student missed during the staff vacancy.
In September 2023, the district hired a new speech therapist who began to provide services to the student as required by the IEP at the beginning of the 2023-24 school year. On October 4, 2023, the district sent an IEP meeting notice for a meeting on October 18, 2023, to review the student’s need for compensatory speech and language services.
The district acknowledges they were unable to hire a speech therapist and was not able to properly implement the student’s IEP regarding speech and language therapy during the second semester of the 2022-23 school year. Within 10 days of the scheduled IEP team meeting, the district is directed to submit to the department documentation of the IEP team’s discussion of the student’s need for compensatory services and the decision reached.
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