On April 16, 2024, 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 issues identified are identified below and pertain to the 2023-24 school year.
Whether the district properly responded to parent’s request for an individualized education program (IEP) team meeting.
The parent of a student with a disability may request a meeting of the student’s IEP team 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 student who is the subject of this complaint attends a district elementary school. The student has disability related needs in academic areas, and also has several complex medical conditions. At the beginning of the 2023-24 school year, the student had an IEP in effect that was developed on March 28, 2023.
In September 2023 the student’s parent, who works at the student’s school, verbally requested an IEP team meeting to discuss current concerns about the student’s services and updated medical information regarding the student. After not receiving a response, the parent made another verbal request in October 2023. The parent then made a written request via email on November 16, 2023, to request a meeting of the student’s IEP team. School staff were aware that the student had an upcoming reevaluation due to be completed by April 21, 2024, and there was misunderstanding regarding the parent’s request as it was not related specifically to the reevaluation. The parent contacted a district level special education administrator who intervened, and the student’s IEP team met to review the student’s IEP on January 24, 2024, months after the district’s request. The district did not properly respond to the parents request for an IEP team meeting.
Whether the district properly and timely conducted a three-year re-evaluation including properly considering information provided by the student’s parents.
Under special education law, a reevaluation is the set of procedures used to determine whether a student continues to be a student with a disability and the nature and extent of the student’s special education and related service needs, including, if needed, administration of individual assessments to the student. 34 CFR § 300.15. The student’s IEP team must conduct a review of existing data to determine what additional data, if any, are needed to complete the evaluation within 15 business days of the receipt of the referral. Wis. Stat. § 115.777(3). An IEP team meeting must be conducted to determine eligibility within 60 days of receiving parental consent for additional assessments. 34 CFR §300.301(c)(1).
The student’s most recent evaluation prior to the 2023-24 school year was conducted in April 2021 so the student was due for a three-year reevaluation by April 2024. The district sent the student’s parent a notice of reevaluation on December 5, 2023. On December 18, 2023, the district sent the parent a notice that additional assessment information was required for the reevaluation. The parent provided signed consent for additional assessments that same day. Based on the date of the district’s receipt of the parent’s signed consent, the reevaluation IEP team meeting should have been conducted by February 16, 2024. However, the student’s IEP team did not meet to conduct the reevaluation until March 6, 2024. District staff explained that staff shortages contributed to the delay in completing the assessments and scheduling the reevaluation meeting. While the department recognizes the difficulty that staff shortages present to school districts, federal and state special education law do not allow for extensions of the 60 day timeline due to shortages. The district did not timely conduct the reevaluation.
The student’s parent provided the IEP team with updated medical information early in the school year. As part of the reevaluation, a school nurse reviewed the student’s history and current medical information, and the evaluation report and IEP include a detailed description of the student’s medical concerns. The medical information described several new diagnoses for the student, and multiple medical providers recommended the student receive one-to-one aide support to assist the student in managing anxiety, and especially during meals. The district properly considered and incorporated information provided by the student’s parent in the reevaluation report and IEP.
Whether the district provided special education services using properly trained and licensed staff.
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 parent has general concerns regarding the number of adults who provide the student’s support and wants to ensure they understand the student’s needs, so they are able to appropriately support the student. For example, the parent was unsure whether all staff are familiar with signs that the student is anxious or experiencing sensory issues so they can intervene early. While this concern is understandable, staff supporting the student during the 2023-24 school year were trained in accordance with the student’s needs and services as identified in their IEP. Additionally, all staff who support the student hold proper licensure for their assignments. The district provided special education service using properly trained and licensed staff.
Prior to the start of the 2024-25 school year, the district is required to reconvene the IEP team to discuss whether, as a result of the delays in scheduling an IEP team meeting and conducting the reevaluation, the student requires compensatory services. The district is also directed to submit documentation to the department confirming that this conversation occurs, and, if the IEP team determines compensatory services are required, send a copy of the finalized IEP within 20 days of the IEP team meeting. Additionally, the district is directed to provide training to the special education and related services staff at the student’s school to ensure they understand how to appropriately respond to parent’s requests for IEP team meetings and adhere to evaluation timelines. Within 30 days of this decision, the district is directed to submit to the department for approval a plan for delivering this training at the student’s school during the first month of the 2024-25 school year.
All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. 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 resolution options, 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