On May 6, 2024 (form dated May 5, 2024), 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 issue is whether the district, during the 2023-24 school year, properly implemented the individualized education program (IEP) of a student with a disability regarding health and safety needs.
School districts must provide each student with a disability, a free appropriate public education (FAPE) in the least restrictive environment. School districts meet their obligation to provide FAPE to each student with a disability, in part, by developing and implementing each student's IEP as it is written. Staff responsible for implementing the student's IEP must be informed of their specific responsibilities. 34 CFR §300.323 and Wis. Stat. §115.787.
The student who is the subject of this complaint experiences seizures. To assist with their care and safety, a seizure action plan (SAP) was developed by the student’s medical team and adopted by the school district. Additionally, an individual health plan (IHP) was developed by school staff, which includes information on the student’s medications and what actions staff should take in a medical emergency.
The student had a medical event at school on May 2, 2024, which staff interpreted to be a seizure. Interviews with several school staff members confirm that all staff acted swiftly and in the best interest of the student during and after the medical incident.
The complainants allege that the seizure action plan and individual health plan were not properly implemented during the medical event on May 2, 2024. Interviews with school staff and district documentation confirm that neither the IHP nor the SAP were part of the student’s IEP but were stand-alone documents for school staff. This approach is consistent with DPI guidance, “It is considered best practice by the school nurse profession, not to include a student’s Health Plan as an official (attached) part of the IEP document. If anything in the Health Plan changes (time student checks blood sugars, medication dosages, etc.) the IEP team would need to re-convene to make that change, or an I-10 form needs to be completed.” (pp. 9-10, School Nurse Documentation in Career and College Ready IEPs, 2023). Given that these documents were not included in the student’s IEP, and the student’s IEP team did not determine that they were necessary for the student to receive a free appropriate public education, their implementation cannot be examined through the Individuals with Disabilities Education Act (IDEA) state complaint process.
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.
For questions about this information, contact dpispeddata@dpi.wi.gov (608) 266-1781