On May 10, 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 issue identified is whether the district, during the 2023-24 school year, provided the parent of a student with a disability prior written notice of a denial of the parent’s request related to the student’s transportation.
Prior written notice must be given to the parents of a child with a disability in a reasonable time before a school district proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of Free Appropriate Public Education (FAPE) to the student. Among several required components, this notice must include a description of the action proposed or refused by the district, an explanation of why the district proposes or refuses to take the action, and a description of other options that the individualized education program (IEP) team considered and the reasons why those options were rejected. 34 CFR § 300.503. Following a change to a student's IEP, district staff may provide proper prior written notice by providing parents a copy of the finalized IEP and placement page before implementing the changes. The provision of a draft IEP does not provide adequate prior written notice.
The student who is the subject of the complaint receives specialized transportation to and from school as a related service. On December 22, 2023, the student’s parent requested the district provide wheelchair accessible transportation after the student received a prescription for new medical equipment. The district discussed transportation with the parent, and ultimately reached an agreement regarding transportation through the mediation process. The IEP was revised to incorporate this resolution, and the parent was provided prior written through a copy of the revised IEP. The district properly provided the parent with prior written notice.
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