IDEA Complaint Decision 24-066

On May 20, 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 issue is whether the district, during the 2023-24 school year, properly followed transfer procedures and provided special education services to a student with a disability who transferred from another Wisconsin school district.

 

When a student with a disability transfers to a new school district in the same state, the new school district (in consultation with the parents) must provide a free appropriate public education to the student until the new school district either adopts the student’s previous individualized education program (IEP) or develops, adopts, and implements a new IEP. 34 CFR § 300.323(e). School districts are responsible for determining who may serve as the student’s parent for the purpose of special education decision-making. A district must presume an adoptive parent of the child is the “parent” for the Individuals with Disabilities Education Act (IDEA) purposes absent a specific judicial decree or order. 34 CFR § 300.30(a)

 

The student in this complaint transferred into the district from another Wisconsin school district on February 6, 2024. The student remained enrolled in the district until April 30, 2024. On February 6, 2024, staff from the student’s prior school district informed the receiving school district that they were not to have contact with the complainant (the student’s adoptive parent), but rather should contact the student’s biological parent with whom the student was residing. The district attempted to involve the student’s biological parent in discussions regarding the student’s IEP with little success. Ultimately, the district did not adopt the student’s prior IEP nor did the district develop, adopt, and implement a new IEP for the student. The district did not properly follow transfer procedures for the student.

 

There were 50 school days during the time period when the student was enrolled in the district. The student’s records show the student attended 14 of those school days and was absent with an excuse for 20 days and absent without excuse for 16 days. Evidence reviewed by the department’s investigator shows that despite the district never adopting the IEP from the previous district, staff provided the special education services as described in the previous district’s IEP on the 14 days the student attended. As such, no student specific corrective action is required.

 

Within 30 days of the date of this decision the district shall submit for department approval a corrective action plan including the following:

1. A draft directive to all special education case managers requiring that any questions regarding the identification of the proper person to serve as the parent of a student for special education decision making purposes be brought to the attention of the district’s director of special education for resolution. The draft directive shall specify an appropriate procedure for reporting and resolving such questions.

2. A plan to ensure proper implementation of procedures for transfer students with disabilities, including identification of a district staff person assigned to monitor the district’s implementation of the district’s transfer procedures for IDEA eligible students for the 2024-25 school year.

3. A plan for providing the department monthly reports during the 2024-25 school year regarding the status of IDEA eligible transfer students.

 

All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. 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.