On May 16, 2024 (letter dated May 10, 2024), the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parent) against the #### (district). This is the department’s decision regarding that complaint. The issue identified is whether the district, during the 2023-24 school year, properly developed the individualized education program (IEP) of a student with a disability regarding eligibility for specialized transportation during extended school year (ESY) programming.
School districts must provide each student with a disability a free appropriate public education (FAPE). School districts provide FAPE, in part, by developing a program that meets the student’s unique needs, documenting that program in the student’s IEP, and implementing the program as articulated. 34 CFR § 300.324. ESY services are required special education and related services provided beyond the limits of the school term, in accordance with a student’s IEP, that are necessary to ensure the student receives a FAPE. The need for ESY services are determined by each student’s IEP team on an individual basis. 34 CFR § 300.106. Each student's IEP must include a statement of the special education, related services, and supplementary aids and services to be provided to the child, including the projected date for the beginning of the services and the anticipated duration of the services. All services must be clearly stated in the IEP in a manner that can be understood by all involved in the development and implementation of the IEP. 34 CFR §§ 300.320(a)(4) and (a)(7). Specialized transportation is considered a related service.
The IEP for the student who is the subject of this complaint was developed on February 24, 2024, and requires ESY services during the summer of 2024, specifically specialized instruction in speech therapy for eight 20-minute sessions from June 10, 2024, to August 16, 2024. The IEP also requires specialized transportation to and from school daily, including transportation during ESY.
The student’s parent reached out to the school district to inquire about the transportation arrangements prior to the beginning of the ESY services. The staff member who was contacted did not realize that the student required specialized transportation, and mistakenly told the parent that summer transportation was the family’s responsibility. Another district staff member reached out to the parent on May 10, 2024, to discuss the student’s ESY transportation as outlined in the IEP. After learning of the parent’s concerns about transportation, the student’s case manager contacted the parent on May 13, 2024, suggesting an IEP team meeting to further discuss ESY and transportation.
The IEP team met on May 17, 2024, to clarify the student’s summer transportation and services, and interviews with both the parent and the district staff confirm that the student is receiving the specialized transportation as required by the IEP for ESY and summer school. The district properly developed the student’s IEP regarding specialized transportation during ESY programming.
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