On September 18, 2023 (form dated August 10, 2023), the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parent) against the #### (district). This is the department’s decision regarding this complaint. The issues identified are whether the district, beginning September 18, 2022, properly implemented a student with a disability’s individualized education program (IEP) regarding positive behavioral interventions and supports, and improperly utilized seclusion or physical restraint with the student.
The student who is the subject of this complaint attended the district’s four-year old kindergarten program during the 2022-23 school year. Following a special education referral, the district obtained parental consent to evaluate the student on November 28, 2022. The IEP team met on January 26, 2023, and determined the student was eligible for special education under the disability area of significant developmental delay. On February 23, 2023, the IEP team met to develop the student’s IEP. The district provided the parent with the IEP and notice of placement on March 15, 2023. The parent provided informed written consent to the student’s initial placement in special education services on March 21, 2023. The student received special education services for the remainder of the 2022-23 school year, but the parent has not enrolled the student in the district for the 2023-24 school year.
The complainant alleged that an incident of physical restraint that occurred on February 27, 2023, was improper and that the staff person involved did not implement the behavioral supports in the student’s IEP. However, the student’s parents had not yet provided consent for the student’s initial placement in special education on the date of the incident, so the student’s IEP was not yet in effect. As such, the department is unable to utilize the special education complaint process to investigate either of the identified issues.
This concludes our review of this complaint, which we are closing. This decision is final for the IDEA State Complaint process. 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