On February 2, 2024 (letter dated November 5, 2023), the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (complainants) against the #### (district). This is the department’s decision regarding that complaint. The issues are whether the district properly developed the individualized education program (IEP) of two students with disabilities to provide a free, appropriate public education (FAPE) in the least restrictive environment (LRE); and provided special education services utilizing properly licensed staff.
School districts must provide each student with a disability with a FAPE in the LRE. School districts meet their obligation to provide FAPE to each student with a disability, in part, by developing an IEP based on the student’s unique, disability-related needs that is reasonably calculated to enable the student to make progress appropriate in light of the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. For most students, the IEP must be designed to allow the student to progress from grade to grade, but if that is not possible, the IEP should be appropriately ambitious in light of the student’s circumstances. 34 CFR §§ 300.320-300.324; Wis. Stat. § 115.78[2]; Endrew F. v. Douglas County School District, 137 S.Ct. 988. 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).
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. Special education paraprofessionals work under the direct supervision of licensed teachers. A paraprofessional’s responsibilities may include supporting the licensed teacher's lesson plan, providing technical assistance to the teacher, and helping with classroom control or management. Staff responsible for implementing the student’s IEP must be informed of their specific responsibilities. 34 CFR § 300.323; Wis. Stat. § 115.787. School districts meet their responsibility for implementing IEPs, partly by ensuring that services are provided by properly licensed and qualified staff.
The complainants raised concerns regarding the education the district is providing their two children (Student A & Student B). Both students are in third grade, but they are assigned to different general education classrooms. The complainants indicated that they are concerned about the nature of the supports and specially designed instruction provided in the general education classrooms of both students. The complainants believed that the district has only one special education teacher assigned to the students’ school, which serves over 400 students from pre-kindergarten through sixth grade. The complainants shared that rotating paraprofessionals support their children and are concerned the paraprofessionals are not properly trained to meet the needs of either student. The complainants feel the district should provide a licensed special education teacher in each student’s general education classroom to provide support throughout the school day.
Based on information received from the district through interviews and documentation, the district has properly developed and implemented the IEPs of both students. Each student’s IEP places the students in least restrictive general education environments for the majority of the school day. Staff provide the students supplementary aids and services throughout their school day. Student A’s supplementary aids and services include exploring sensory strategies to help with dysregulation, visual prompts, adult support through supervision and cueing of student participation in different activities, movement breaks, repeated directions, and a variety of behavior strategies. Student B’s supplementary aids and services include movement breaks, adult support through supervision and cueing of student participation in different activities, adult modeling of slow speech while not interrupting the student when they are talking, sensory supports, calming breaks, visual boards, scribe, and firm and consistent redirection.
Both students are removed from the general education classroom to receive specially designed instruction, which is provided in the special education classroom as required by each student’s IEP. While the students have different licensed regular education teachers, Student A and Student B each work with the same licensed special education teacher. The special education teacher provides each student their specially designed instruction in the special education classroom in accordance with the students’ IEPs. While there are multiple paraprofessionals assigned to the students’ school building, for the most part, Student A and Student B work with the same two paraprofessionals. Both of the students’ paraprofessionals have worked with the students throughout the 2023-24 school year.
The district provides all its paraprofessionals regular, ongoing training throughout the school year. For example, during the current school year the district has provided a variety of training including implementing behavioral strategies. This is in addition to specific meetings regarding the unique needs of Student A and Student B. The students’ case manager meets with the paraprofessionals to review the students’ IEPs, including their supplementary aids and services and behavioral strategies, as well as specific training regarding the students’ instructional materials so that the paraprofessionals have the necessary knowledge to support the students. The case manager meets with the paraprofessionals daily for updates and reviews how the students are doing throughout their day, as well as during regularly scheduled monthly and weekly meetings. Their case manager consistently monitors and checks in with the paraprofessionals to ensure the students are supported. The case manager also regularly consults with the students’ regular education teachers to ensure the paraprofessionals are appropriately supporting the students in the general education environment. District staff explained that the two paraprofessionals supporting Student A and Student B were specifically chosen due to their expertise and that they have the best combination of training and experience to support the students throughout their school days, and that the paraprofessionals have a good rapport with the students. Both paraprofessionals hold appropriate licenses. The district properly developed the student’s IEPs to provide a FAPE in the LRE 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.