IDEA Complaint Decision 24-083

On June 26, 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, beginning June 26, 2023, provided the complainant an opportunity to participate in a meeting of their child’s individualized education program (IEP) team meeting.

 

Under the Individuals with Disabilities Education Act (IDEA), a school district must make available a free appropriate public education (FAPE) to all students with disabilities between the ages of three and 21. 34 CFR § 300.101(a). Under Wisconsin law, a student is entitled to FAPE through the end of the school term in which they turn 21. § 115.76(3). In developing each student’s IEP, the IEP team must consider the concerns of the parents for enhancing the education of their student. LEAs must take steps to ensure that one or both parents of a student with a disability are present at each IEP team meeting or are afforded the opportunity to participate. 34 CFR § 300.321(a).

 

The complainant raised concerns about a meeting district staff held without the complainant in attendance on June 30, 2023. The complainant’s child turned 21 years old during the 2021-22 school term. The student continued to receive services from the district after the end of the 2021-22 school term pursuant to a written due process settlement agreement signed by the complainant and the district in January 2021. The settlement agreement contained the following provisions:

 

IEP Meetings. The Parties agree that no IEP team meeting is necessary to effectuate the provisions herein at the time of execution or during the term of this Agreement. The Parties agree to schedule an annual IEP meeting on or before September 1 each year of this Agreement, at which the IEP team will discuss the student’s education program and progress toward graduation. Upon graduation or the expiration of this Agreement, whichever is earlier, no further IEP meetings will be required.

 

FAPE. The Parties agree that this Agreement satisfies the District’s obligation to provide the Student a free appropriate public education (FAPE) through the end of the School Year in which the Student reaches the age of 21, and that the District has no further FAPE obligations to the Student and shall, at no time in the future, be subject to any such obligations, including but not limited to, providing special education or related aids and services, evaluating the Student under the IDEA, Section 504 of the Rehabilitation Act of 1973, or any other state or federal law, conducting additional IEP meetings, or developing a summary of performance prior to graduation.

 

Enforcement of Agreement. This Agreement was reached through negotiation after multiple Resolution Session(s) at which each Party was represented by legal counsel or had the opportunity to retain legal counsel and is enforceable in state or federal court pursuant to 20 U.S.C. §1415(f)(1)(B)(iii).

 

No Further Complaints will be filed. The Student’s Attorney, Student, and Parents, and each of them, shall not file any further due process hearing requests or complaints with any state or federal agency or court alleging that the District violated the IDEA, any concomitant Wisconsin statute, or any other law relating to the Student with respect to the claims released under Paragraph 5. Notwithstanding these prohibitions, the Parties mutually consent to any Party's right to enforce the terms of this Agreement in any state court of competent jurisdiction or in a district court of the United States.

 

Given the student’s age, the district was not obligated under IDEA to hold an IEP team meeting during the period of time relevant to this complaint, and the terms of the agreement between the complainant and the district specifically excluded the requirement for the district to hold IEP team meetings. The student’s parent seeks to assert a parental right independent from the rights applicable to their IDEA eligible child, pointing to the holding of the U.S. Supreme Court in Winkleman v. Parma City School District, 550 U.S. 516 (2007). In Winkleman, the Court recognized the right of parents to bring a lawsuit in federal court on their own behalf to assert the rights of their IDEA eligible children. However, Winkleman does not extend IDEA rights to parents whose children are no longer IDEA-eligible. Given the circumstances of this case, the IDEA requirements around parental participation in IEP team meetings do not apply to the meeting that occurred on June 30, 2023. There is no violation of state or federal special education related to the circumstances described in this complaint. This concludes our review of this complaint. This decision is final for the IDEA State Complaint process.