On November 2, 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 is whether the district, during the 2023-24 school year, properly responded to a parents request for a special education evaluation.
School districts must ensure all students who reside in the district who may be in need of special education and related services are identified, located, and evaluated. (34 § CFR 300.111[a][1][i]). District staff who reasonably believe a student has a disability must refer the student for a special education evaluation. (Wis. Stat. § 115.777[1]). If a parent reasonably believes their child is a student with a disability, they may make a referral to the school district. (Wis. Stat. § 115.777[1][c]). All referrals must be in writing and include the name of the student and the reasons why the person believes that the child is a student with a disability. (Wis. Stat. § 115.777[2][a]). The district must accept and process all referrals that are submitted. (Wis. Stat. § 115.777[3]).
On October 19, 2023, the complainant and school staff discussed concerns regarding the student’s behavior and the complainant asked about the possibility of an individualized education program (IEP) or 504 plan for the student. School staff suggested that addressing the student’s behavior concerns through the district’s pupil service team process would be the best place to start. The complainant and school staff met again on October 24, 2023, to discuss the student’s behavior. At this meeting the complainant requested the district conduct a 504 evaluation and the district began the 504 evaluation process. As of the writing of this decision the complainant has not provided the district consent to conduct the 504 evaluation. The evidence reviewed by the department does not show the complainant has submitted a written referral to the district for an Individuals with Disabilities Education Act (IDEA) evaluation, and the complainant has refused to confirm for the department’s investigator that she would like the student evaluated for IDEA eligibility. As there has been no request for an IDEA evaluation the district was not obligated to respond.
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