IDEA Complaint Decision 24-046

On April 24, 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 are whether the district, during the 2023-24 school year, properly afforded the parent of a student with a disability meaningful opportunity to participate in individualized education program (IEP) team meetings and properly responded to the parent’s request for student records.

 

The Individuals with Disabilities Education Act (IDEA) presumes that a child’s biological parent is the child’s parent for purposes of IDEA unless a judicial decree or order identifies a specific person to make educational decisions on behalf of the child. 34 CFR § 300.30(b)(2). The complainant is the biological parent of the student. On July 21, 2023, the Manitowoc County Circuit Court granted a petition appointing the student’s grandparent as the student’s guardian with full powers, including the power to make educational decisions for the student. The district has correctly identified the court appointed guardian as the student’s “parent” as defined in the IDEA regulations. Therefore, the district is not obligated to provide the complainant an opportunity to participate in IEP team meetings as required by 34 CFR § 300.322(a), or to respond to the complainant’s request for the student’s records as required by 34 CFR § 300.613(a). The complainant may participate in IEP team meetings and be provided copies of student records to the extent determined by the Manitowoc County Circuit Court or as deemed appropriate by the student’s guardian.

 

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.