IDEA Complaint Decision 24-078

On June 7, 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 issues in the complaint are described below and pertain to the 2023-24 school year.

Whether the district properly implemented the individualized education program (IEP) of a student with a disability regarding specially designed instruction (SDI) for social skills and reading, and supplementary aids and services.

School districts must provide a free appropriate public education (FAPE) to each student with a disability by developing a program that meets the student's unique needs, documenting that program in the IEP, and implementing the program as articulated in the IEP. The 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). Districts must ensure that each service provider is informed of their specific responsibilities related to implementing each student's IEP and the specific accommodations, modifications, and supports the district must provide the student in accordance with the IEP. 34 CFR § 300.324(d).

The student who is the subject of this complaint has a learning disability and has needs in the areas of social skills, reading decoding and fluency skills, and written language. The IEP in effect for the student at the beginning of the time period relevant to this complaint was developed on February 8, 2023. The IEP includes several areas of SDI, each with the same amount, frequency, and location of 15 minutes, four times per week in the regular education classroom.

On January 16, 2024, the IEP team met for the student’s annual IEP meeting. During the meeting the complainant (who is also the student’s parent) raised concerns about implementation of the student’s IEP regarding SDI in social skills and reading fluency and decoding. The IEP team did not have all data necessary to review the annual IEP goals at the time of the IEP team meeting. The student was supposed to receive SDI in decoding and fluency skills in a co-taught English class, but staff confirmed that the student did not receive all of the required SDI in reading in that setting. Shortly after the IEP team meeting, the student’s case manager resigned from their position with the district and a new case manager was assigned.

On February 6, 2024, the IEP team met again to review and revise the student’s IEP goals based on parent concerns, as well as to discuss compensatory services. The IEP team revised the IEP and determined the student needed compensatory services for the SDI in reading that was not provided, including one-to-one instruction with a reading specialist. The district was able to provide a copy of the reading specialist’s notes from each session of compensatory instruction. Additionally, the district ensured that the staff in the co-taught English class provided the student’s reading instruction as required by the IEP for the remainder of the school year. The district did not properly implement the student’s IEP regarding SDI in reading. However, the student’s IEP team determined compensatory services and the district has provided them. No further corrective action is required.

The parent was under the impression the student was enrolled in a social skills class during the 2023-24 school year. Although the student’s February 2023 IEP states the student would benefit from a social skills class, the district did not create this class and the IEP does not include SDI in social skills in a special education environment. The district provided evidence that staff implemented the student’s SDI in social skills with the amount, frequency, and location as described in the IEP. The district provided lesson plans and documentation describing the skills covered during instruction with the student. An interview with an assistant principal also confirmed the special education teacher was working with the student on social skills as written in the IEP since the start of the school year. A copy of the student’s progress reports show that the student made progress each quarter on their social skills goal. On February 6, 2024, the IEP team also revised the location of the social skills instruction to take place during track and field and cross-country practice so the student would have authentic opportunities to practice newly learned skills. The district properly implemented the student’s IEP regarding SDI in social skills.

During the student’s annual IEP meeting on January 16, 2024, the parent inquired whether two of the supplementary aids and services in the student’s IEP were being implemented. The IEP required staff to check the student’s agenda before the end of the day to ensure all assignments were written down and to pre-teach vocabulary at the beginning of each new unit in all classes. The parent felt the student needed to have vocabulary taught in a smaller setting, not as part of whole class instruction as was the current practice. Interviews with the district staff responsible for checking the student’s agenda confirmed that the student had trouble remembering to write down their assignments but that they provided the student reminders and checked the agenda as the IEP required.

During the February 6, 2024, IEP team meeting the team added pre-teaching and re teaching vocabulary across all subjects in a special education setting, as well as one to one instruction with a reading specialist in vocabulary as part of their determination of compensatory services. The IEP team determined that while providing the student’s compensatory services, district staff would teach the student how to utilize an electronic organizer or agenda. After this revision, staff members responsible for checking the student’s agenda confirmed the student was using their electronic organizer to record assignments and that staff checked the organizer at the end of each day. The district properly implemented the student’s IEP regarding supplementary aids and services and revised the IEP appropriately when the student’s parent raised concerns regarding their effectiveness.

Whether the district properly provided the student’s parents periodic reports of progress toward annual IEP goals.

School districts must ensure periodic reports are provided to the parents of a student with a disability on the progress the student is making toward meeting each goal as specified in the student's IEP. 34 CFR §§ 300.320 (a)(3)(ii), 300.323(a); Wis. Stat. § 115.787. The report must address progress toward each stated, measurable goal or objective that is aligned with and directly related to the goal or objective statement and provide data or other information consistent with the baseline and level of attainment for the corresponding goal or objective. The reports must provide sufficient information so the parent can determine the degree to which the student has made progress toward meeting each goal or objective.

During the 2023-24 school year, the complainant received one progress report for the first quarter via email on November 21, 2023. District practice is that case managers are to email progress reports to parents on a quarterly basis. While the district was able to provide documentation that the progress reports were completed each quarter, they were unable to provide documentation showing that staff provided the parents with the progress reports. The district did not properly provide the student’s parents with periodic reports of progress toward annual IEP goals. As correction, the district sent the parent the remaining 2nd, 3rd and 4th quarter progress reports on July 15, 2024. No further corrective action is required.

Whether the district improperly revised the IEP outside of an IEP team meeting.

Changes to a student's IEP may be made after the annual IEP team meeting by the IEP team at an IEP team meeting or upon agreement of the parent and the district. The district may develop a written document to amend or modify the child's current IEP without holding an IEP team meeting. 34 CFR § 300.324(a)(4).

The student’s annual IEP dated January 16, 2024, documented that the student was to receive SDI in social skills for 15 minutes, four times per week for a total of 60 minutes per week. The IEP team discussed the student’s SDI in social skills and determined that the amount and frequency would remain the same (15 minutes, four times per week). The IEP sent to the parent after the February 6, 2024, review/revise meeting indicated that the student would receive SDI in social skills for 10 minutes, five times per week for a total of 50 minutes per week. The parent did not bring this concern to the student’s case manager during the school year but included the concern in their complaint. During the complaint investigation, the student's case manager was able to confirm staff had made a clerical error but did not actually revise the IEP outside of a meeting. The district demonstrated that the student received SDI in social skills for 15 minutes, four times per week for a total of 60 minutes per week. The district is directed, within 20 days of this decision, to correct the clerical error and send a revised copy of the IEP to the department. Given the unique, student specific circumstances of this situation, no district level corrective action is required.

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.