IDEA Complaint Decision 24-048

On April 26, 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 this complaint. The issues identified are whether the district, beginning the 2023-24 school year, properly developed and implemented the individualized education program (IEP) of a student with a disability regarding the student’s disability related to reading and emotional/behavioral needs, and properly responded to allegations of bullying regarding a student with a disability.

 

School districts have an obligation to ensure that a student with a disability who is the target of bullying behavior continues to receive a free appropriate public education (FAPE) in accordance with the student’s IEP. As part of its appropriate response to bullying, the district should convene a student’s IEP team to determine whether, due to the effects of bullying, a student’s needs have changed such that the IEP is no longer designed to provide FAPE. If the IEP is no longer designed to provide FAPE to a student, the IEP team must determine the extent of additional or different special education, or related services are needed to address the student’s individual needs and revise the IEP accordingly. 34 CFR § 300.323, Wis. Stat. § 115.787; Wis. Stat. § 115.78(2)(c); Wis. Stats. § 118.46.

 

School districts must provide each student with a disability with a FAPE in the least restrictive environment. School districts meet their obligation to provide FAPE to each student with a disability, in part, by developing an IEP, documenting that program clearly in the IEP, and implementing the program. Each IEP must include a statement of the child's present level of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general curriculum. The IEP must be based on the student’s unique, disability-related needs and be reasonably calculated to enable the student to make appropriate progress in light of the student’s circumstances. 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 child’s circumstances. 34 CFR §§ 300.320-300.324; Wis. Stat. § 115.78(2).

 

The student who is the subject of this complaint attended the district middle school during the 2023-24 school year. The student’s IEP team met on October 26, 2023. The IEP described the student as friendly, kind, and hard working. The IEP included statements of the student’s present level of academic achievement, specifically in reading and math. The student reads fluently but has deficits in comprehension skills. In math, the student functions below peers. The student benefits from reteaching and additional discussion of concepts to aid understanding. The October 26 IEP identifies disability related needs in the areas of reading and math. The IEP mentions that the student sometimes exhibits behaviors related to anxiety and has some difficulty attending to tasks but did not indicate the student’s behavior impedes their learning or that of others. The IEP includes several supplementary aids and services and specially designed instruction in reading and math. The IEP contains appropriate annual goals addressing the student’s reading comprehension skills, math skills, and attention skills.

 

On May 23, 2024, the student’s IEP team reconvened to conduct an annual review of the student’s IEP. The IEP team discussed the results of both formative and summative assessments used to measure the student’s progress in math and reading and developed revised annual IEP goals in each of those areas. The IEP team added a disability related need in the area of attending and participation skills and developed an annual goal to improve the student’s independence in initiating tasks. The student will be transferring to the district high school for the 2024-25 school year, and the IEP contains specially designed instruction and supplementary aids to address the student’s needs that will be appropriate for that setting.

 

During the 2024-25 school year the student experienced several instances when they experienced anxiety and sadness over social situations with peers, and two instances with a teacher. The student regularly sought out assistance from the guidance counselor, with whom the student has a trusting relationship. The district also arranged for the student to have check-in times with their case manager. Regarding the incidents involving the teacher, district staff provided the teacher feedback to improve their communication with the student.

 

The student’s parent communicated regularly with district staff regarding the student’s anxiety. Staff regularly responded to the parent, although at times the parent found the district’s responses unsatisfactory. District staff expressed confidence that the student’s reactions to the upsetting situations were typical for students at that age and grade level, and the student utilized the resources available to all students appropriately. The district investigated each incident promptly in accordance with the district’s bullying policy, and the behaviors that caused the student’s anxiety did not recur. As such, district staff appropriately determined it was not necessary to include additional services in the student’s IEP to address the student’s anxiety. The district properly developed the student’s IEP regarding the student’s reading and emotional/behavioral needs and properly responded to allegations of bullying regarding the student.

 

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.