On November 10, 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 issues identified are whether the district, beginning November 10, 2022:
● Properly developed the individualized education program (IEP) of a student with a disability regarding request for inclusion of health information impacting educational progress and appropriate supports,
● Properly implemented the student’s IEP regarding support during study skills and support for mental health,
● Properly responded to the request of the student’s parent for a copy of the student’s IEP,
● Properly responded to the parent’s request for an IEP team meeting, and
● Properly developed the student’s IEP to address repeated student absences.
Whether the district properly developed the IEP of a student with a disability regarding request for inclusion of health information impacting educational progress and appropriate supports.
School districts must provide a free appropriate public education (FAPE) to each student with a disability by developing an IEP that meets the student's unique needs and by implementing special education and related services in accordance with the student's IEP. 34 CFR §§ 300.323(c)(2) & 300.324. Each student’s IEP must address the student's needs that result from the student's disability in order to enable the student to be involved and make appropriate progress in the general education curriculum and toward their IEP goals and meet the student's other educational needs that result from the student's disability. The IEP must include a statement of the special education services to be provided to the student. 34 CFR §§300.320(a), 300.324(a).
The student who is the subject of this complaint is in high school and has multiple medical diagnoses. In October 2023, the student’s parent informed the district of new medical information regarding the student, including a newly diagnosed condition that causes the student joint pain and general physical discomfort. The district convened the student’s IEP team to conduct a reevaluation on November 9, 2023, and again for the student’s annual IEP review on November 16, 2023. The district included the school nurse on the student’s IEP team. The IEP team added updated information about the student’s health conditions to the student’s IEP. The team made changes to the student’s school schedule to provide the student additional flexibility and support for their mental and physical health needs. The team added additional supplementary aids and services including attendant care for the student for when they occasionally attend school in a wheelchair due to flare ups of their medical condition. The team also added school counseling services to the IEP, and a plan to allow the student to go to the student services area of the school for breaks and support when needed. Additionally, the district is conducting another reevaluation including the physical therapist to evaluate whether there are additional physical needs and to support the student’s safe navigation through school. Most recently, the student stopped using the wheelchair the week of December 18, 2023.
Information about each of the medical and mental health diagnoses, along with additional IEP accommodations and supports were added to the November 2023 IEP as the parent requested. The district properly developed the IEP regarding the request for inclusion of health information impacting educational progress and appropriate supports.
Whether the district properly implemented the student’s IEP regarding support during study skills and support for mental health.
Each student’s IEP must address the student's needs that result from the student's disability in order to enable the student to be involved and make appropriate progress in the general education curriculum and toward their IEP goals and meet the student's other educational needs that result from the student's disability. The IEP must include a statement of the special education services to be provided to the student. 34 CFR §§300.320(a), 300.324(a). The district must ensure that the student's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation and that they are informed of their specific responsibilities. 34 CFR § 300.323(d).
The student’s IEP in effect at the beginning of the time period relevant to this complaint included time every other day in a special education environment for organizational strategies and assistance with work completion. The district provides a study skills course for students with social, emotional, and/or organizational needs. The course is taught by a special education teacher and only open to students with disabilities. The teacher provides instruction based on the students’ individual IEP goals. The course also provides students additional support for academic work. The student was enrolled in the course during the 2022-23 school year every other day following the district’s A/B Day schedule. Based on the student’s additional needs noted by the parent in fall of 2023, the district added a second study skills course to the student’s schedule and included specially designed instruction for self-regulation for 40 minutes per week and executive functioning for 20 minutes per week with corresponding IEP goals. District staff provided evidence of instruction they provided, and examples of the curriculum used with the student to address areas of social emotional and executive functioning. District staff provided evidence of tracking the student’s progress toward their annual goals through a charting system.
After the November 2023 IEP, additional services were added to support the student’s mental health. For example, counseling services were added for 30 minutes one time per month. The school psychologist provided documentation of times they met with the student to work on healthy coping strategies, social skills, and social problem solving. The school counselor and school social worker also meet with the student alternating weeks in effort for the student to have relationships with all three staff members.
The student’s IEP team also added supports to the IEP to address the student’s anxiety and academic workload. The student is provided a separate setting for assessments and options to go to student services when anxious as well as additional time for assignments. The student has accessed these options and more recently the student’s engagement has improved in their core classes. The IEP team added modifications to coursework to prioritize content to the student’s November 2023 IEP. The student has also been provided with breaks, such as walk breaks, which the student has also accessed. The student is allowed to journal as well but has not chosen this option.
Finally, the student’s teachers over the course of 2022 and 2023 were provided with an IEP at-a-glance through a data warehouse the district utilizes. When a new IEP is created, the revised IEP at-a-glance is automatically updated so teachers can access it. The special education teachers met with general education teachers and reviewed the student’s IEP both last year and this year. The district properly implemented the student’s IEP regarding support during study skills and support for mental health.
Whether the district properly responded to the request of the student’s parent for a copy of the student’s IEP.
A school district must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the school district. The school district must comply with a request without unnecessary delay and before any meeting regarding an IEP, and in no case more than 45 days after the request has been made. 34 CFR § 300.613(a).
An IEP was developed on November 2, 2022, with an implementation date of November 29, 2022. A final copy of the IEP was emailed to the parent on November 16, 2022, prior to the IEP implementation date. The district properly provided the parent a copy of the IEP.
An evaluation meeting was held November 9, 2023, and a new annual IEP was developed for the student on November 16, 2023, with an implementation date of November 28, 2023. The final copy of the evaluation and IEP were emailed to the parent on November 28, 2023. The district properly provided a copy of the IEP to the parent.
Whether the district properly responded to the parent’s request for an IEP team meeting.
The parent of a student with a disability may request an IEP team meeting at any time, and the district should grant any reasonable request for an IEP team meeting. If the district denies the parent's request for an IEP team meeting, the district must provide the parent with a notice of refusal in writing and include an explanation of why the district refuses to grant the request. 34 CFR § 300.503.
The parent did not request any additional IEP meetings beyond the annual review during the 2021-22 school year. In fall of 2023, the district initiated a special education re-evaluation on September 25, 2023. Per the complaint, the parent shared concerns with school staff regarding their child needing different IEP supports on October 4, 2023. The school psychologist met with the parent on September 21, 2023, and again on October 12, 2023, to gather recent health information, observations, and input on what assessments may be needed as part of the re-evaluation. The school psychologist also obtained consent to speak with the student’s doctor regarding the recent diagnoses. The Notice of Re-evaluation and Consent for Additional Assessments were sent on September 25, 2023, and signed parent consent was provided to the district on the same date. The evaluation meeting was held November 9, 2023, and a new IEP was developed on November 16, 2023, with an implementation date of November 28, 2023. The district appropriately responded to the parent’s request for an IEP team meeting and followed required timelines with respect to the re-evaluation and corresponding annual IEP.
Whether the district properly developed the student’s IEP to address repeated student absences.
When a student is repeatedly absent from school, districts must consider the impact of a student's absences on the student's progress and performance and determine how to ensure the continued provision of FAPE in order for the student to continue to progress and meet the annual goals in their IEP. Whether an interruption in special education services constitutes a denial of FAPE is an individual determination that must be made on a case-by-case basis. Letter to Clarke, 107 LRP 13115 (OSEP 2007). If the student is absent from school for a prolonged period, it is likely appropriate for the LEA to reconvene the IEP team to determine if it is necessary to revise the student's IEP or placement to address the reasons for the student's absences. Letter to Balkman, 23 LRP 3417 (OSEP 1995).
At the November 2, 2022, IEP meeting, the team noted the student had difficulty making up missed work when absent, but the student did not have significant absences at that time. Through an annual goal, the IEP addressed how the student would handle class time missed due to anxiety. Baseline information for the goal indicated the student was reported to return to class and instruction when dysregulated within 10 minutes, two of five opportunities, and the student had a goal to return to class and instruction within 10 minutes in four of five opportunities. The student made progress in this goal during the 2021-22 school year as reported by the student’s special education teacher, however, progress declined in fall of 2023 and the IEP team revised the goal.
At the beginning of the 2023 school year, staff observed that the student was spending more time in the student services area and the health room. The school psychologist shared these observations with the student’s parent, who responded with their own concerns around the student’s attendance. The IEP team addressed attendance at the November 16, 2023, meeting where different schedule options were discussed to better support the student. The student’s IEP goal from 2022 was revised to include use of coping strategies for self-regulation as measured by increasing the student’s time in class. Accommodations were added to modify work to prioritize essential content and two IEP goals were included to address emotional dysregulation, coping strategies, and executive functioning and time management. The district properly developed the student’s IEP to address repeated absences.
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