IDEA Complaint Decision 23-111

On December 8, 2023, the Department of Public Instruction (department) received a complaint under state and federal special education law from Emily Wetter (complainant) against the Boscobel Area School District. This is the department’s decision regarding that complaint. The issues pertain to the period of time beginning November 1, 2023, and are included below.

 

Whether the district properly implemented the individualized education program (IEP) of a student with a disability regarding supplementary aids and services.

School districts must provide a free appropriate public education (FAPE) to each student with a disability by developing a program that meets the student's unique needs, documenting that program in the IEP, and implementing the program as articulated in the IEP. The 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). Districts must ensure that each service provider is informed of their specific responsibilities related to implementing each student's IEP and the specific accommodations, modifications, and supports the district must provide the student in accordance with the IEP. 34 CFR § 300.324(d).

The student who is the subject of this complaint is identified with a disability in the area of deaf and hard of hearing (D/HH). The student’s IEP in effect at the beginning of the 2023-24 school year includes several supplementary aids and services to address the student’s disability related needs, including providing the class notes being made available to the student to aid in their understanding of instructional content, in advance. The complainant alleges that the student requested notes from their math teacher on November 27, 2023, and that the notes were not provided to the student. The parent expressed concerns directly to the math teacher and the principal. The district acknowledges that lesson presentations and materials were not consistently posted to the classroom website at the beginning of the school year. After the parent expressed concerns, the teacher began posting lesson presentation slides in advance of each class via Google Classroom. Any notes captured during the student inquiry part of class are added to the posting after each class for reference. The student also has a workbook that they can review in advance of each lesson. Students are permitted to take the workbook out of class. The workbook contains directions, problems, key terms, and definitions for each lesson. In addition, a computer-based intervention is available to all students in advance of each lesson. The intervention addresses skills that will be taught in each lesson. The teacher has provided these resources since the parent initially expressed concern.

The IEP in effect at the beginning of the school year described the amount and frequency of the provision of class notes to be “upon student request.” This description does not make the district’s commitment of resources clear to those responsible for implementing the IEP. The student’s IEP team met on December 19, 2023, to hold an annual IEP meeting. At that meeting, the IEP team student’s supplementary aids and services were updated to include a description of “lecture/class notes to be provided in advance (hard or digital copy) from teacher for student to use to aid in their understanding of instructional content” with an amount and frequency of “whenever notes are being presented and/or taken during class.” This statement clarifies when the support will be provided. The student’s math teacher continues to provide all materials on a consistent basis. Because the district took prompt action to ensure the student received the supports called for in their IEP and corrected the error in description of amount and frequency at the December 2023, IEP team meeting, no additional corrective action is required. The district is now properly implementing the student’s IEP regarding supplementary aids and services.

Whether the district properly developed the student’s IEP to address behavioral concerns.

When a student’s IEP team determines the student's behavior impedes the student's learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports to address the behavior 34 CFR §§ 300.320(a) & 300.324(a).

 

The IEP that was in place during the beginning of the 2023-24 school year indicated that the student had historically exhibited behaviors that impeded their learning or that of others. However, it was also noted that the behaviors have decreased, and the student has developed the ability to self-regulate when frustrated. The student’s current IEP dated December 19, 2023, does not list behavior as a special factor. The parent was present at the IEP team meeting and participated in this discussion. Interviews with district staff confirm that the student’s behavior is typical compared to non-disabled peers. The student’s parent reported that the student is experiencing mental health issues. District staff stated that they have not seen these concerns affect the student at school. The student’s parent agrees that the student does not have atypical behavior issues. The district appropriately developed the student’s IEP in regard to behavioral concerns.

 

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.