IDEA Complaint Decision 23-112

On December 11, 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, during the 2023-24 school year, properly implemented the individualized education program (IEP) of a student with a disability regarding supplementary aids and services and provided special education services utilizing properly licensed staff.

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 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 who is the subject of this complaint is a sophomore and receives both special education and multilingual services. The student’s IEP includes several supplementary aids and services including directions provided visually and verbally, oral directions kept short and simple, directions repeated, broken down, and clarified, decreased workload or homework, modified assignments, larger assignments broken down into smaller chunks, directions provided visually and verbally, oral directions kept short and simple, extended time to complete assignments and assessments, modified tests and tests read aloud or via text-to-speech, text-to-speech or access to audiobooks for all assigned reading, and use of graphic organizers to organize ideas when writing. The parent alleges the student’s Careers Class teacher did not implement the supplementary aids and services specific to assignment modifications, extended time, and support for completing assignments.

The Careers Class is co-taught by the general education teacher and a special education teacher. The course uses a program called Xello that provides text in both English and Spanish. In addition, the teacher uploads several options for student assignments into Google classroom and students are allowed to choose which assignment option they would like to complete. The majority of the coursework is completed in class and students are not typically assigned homework. The student is offered support during class through check-ins from the teachers and is provided additional support outside of class from the multilingual teacher, special education teacher, and at times a special education assistant. The Careers teacher noted the student has done well in class and has not needed a lot of assistance or modifications; however, the teacher has made accommodations regarding group assignments and presentations allowing the student to work independently. There had been an incident where the student agreed to present to the class but then felt students were making fun of her. As a result, the teacher offered the option of presenting in a smaller setting. The teacher noted there are no assessments given in the course. The special education teacher and multilingual teacher have also worked with the Careers teacher to modify assignments, shortening length, and providing alternative formats such as question and answer.

The parent shared concern about the teacher assigning failing grades in the student information system after her child’s absences. District staff clarified this was a misunderstanding of a temporary code the teacher entered for missed assignments until the student completed make-up assignments and those grades were entered. After the parent brought the concern forth, the teacher agreed to leave the grade blank until make-up work was completed. The careers teacher noted the student’s lowest grade on completed work has been a ‘B’. Her remaining grades have all been ‘A’s and the student received an ‘A-’ for the semester grade.

The student’s parent provides the student a great deal of support with homework. The parent reported the student received a 27-page assignment from the Careers teacher, which the parent felt should have been reduced. However, the Careers teacher provides multiple options for assignments in the Google classroom, and the longer assignment was not required.

Finally, district staff confirmed every teacher has access to information about the accommodations and modifications for each student with an IEP in their student information system. This information is available to every student’s teacher and updated each semester. The district implemented the student’s supplementary aids and services appropriately.

Each school board must ensure every teacher, aide, or other professional staff holds a valid certificate, license, or permit issued by the department for the position for which the individual is employed. Special education services must be provided by properly licensed special education teachers. 34 CFR § 300.156; Wis. Stats § 118.19.

The student’s special education teacher at the beginning of the 2023-24 school year holds a lifetime cross-categorical special education license. The teacher left the district just prior to the winter break. The student was reassigned to another special education teacher in the district who also holds a lifetime license for students with mild to moderate intellectual disabilities. The student has attended core classes (math, science, and social studies) with this teacher since the beginning of the school year. The district provided special education services utilizing properly licensed staff.

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.