IDEA Complaint Decision 24-076

(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 fulfilled its obligation to identify, locate, and evaluate a student with a disability.

 

School districts are required under state and federal special education law to locate, identify, and evaluate all resident students with disabilities who have not graduated from high school. The purpose of an evaluation is to determine whether the student is a child with a disability requiring special education services and the nature and extent of the student's educational needs. As part of a special education evaluation, the school district must appoint an individualized education program (IEP) team. Within 15 days of the district’s receipt of the referral, the IEP team, including the student's parent, must conduct a review of existing data to determine what additional data, including information from assessment or other evaluation activities, are needed to complete the evaluation. The district must complete all assessments and hold an IEP team meeting to determine the student's eligibility within 60 days of the district's receipt of the parent's consent to conduct assessments or notify the parent that no additional assessments are needed. 34 CFR §§ 300.304 - 300.306; Wis. Stat. § 115.78(3)(a). The child find obligation extends to students attending district schools through the state’s public school open enrollment program.

 

The student resides outside of the school district and enrolled during the 2023-24 school year through Wisconsin’s public school open enrollment program. The student began attending school in the district on November 6, 2023, and did not have an IEP at the time of their enrollment. The district initiated a referral on January 30, 2024. On February 12, 2024, the district completed its review of existing data and determined a need for additional testing. The district received consent for additional testing on February 14, 2024. The additional testing was completed and reviewed as part of the initial evaluation meeting on March 19, 2024. The IEP team determined that the student was a child with a disability requiring special education services. The district properly fulfilled its obligation to identify, locate, and evaluate a student with a disability.

 

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.