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). The issue is whether the district, during the 2023-24 school year, properly included a student with a disability in a field trip.
In providing or arranging for the provision of nonacademic and extracurricular activities, including meals, recess periods, and other activities, each public agency must ensure that each child with a disability participates with nondisabled children in these activities to the maximum extent appropriate given the needs of that child. Each student's individualized education program (IEP) team must determine whether the student needs supplementary aids and services in order to participate. 34 CFR § 300.117.
The student who is the subject of this complaint has needs related to their disability that contribute to their engagement in impulsive behaviors including occasionally leaving their assigned classroom. The student’s IEP contains annual goals addressing self-regulation and remaining in the classroom. The student’s IEP indicates that the student receives specially designed instruction in social skills, behavior monitoring, and calming breaks. The IEP does not identify any supplementary aids and services required for the student to participate in nonacademic or extracurricular activities such as field trips.
On April 24, 2024, the student was to attend a whole-class field trip. On the morning of the field trip, several district staff were absent, including the principal who was recovering from a medical procedure and working reduced days. Given some confusion among staff who were present, staff directed the student to remain at school for the day rather than allowing them to attend the field trip. The district acknowledges that the student should have been allowed to participate in the field trip. The district did not properly include the student in the field trip during the 2023-24 school year.
As corrective action, the district is directed to reconvene the student’s IEP team prior to the beginning of the 2024-25 school year to determine whether the student requires any supplementary aids and services to ensure they are able to participate with nondisabled peers in nonacademic and extracurricular activities such as field trips. The district shall submit a copy of the final IEP to the department for review within 10 days of the IEP team meeting.
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.
For questions about this information, contact dpispeddata@dpi.wi.gov (608) 266-1781