IDEA Complaint Decision 24-085 & 24-086

On June 27, 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 this complaint. The issue identified is whether the district, during the 2023-24 school year, properly responded to a parent’s request for special education evaluations for two children.
 

The purpose of a special education evaluation is to determine whether the student is a student with a disability in need of specially designed instruction and the nature and extent of the student’s educational needs. Referrals for evaluations must be in writing and include the student’s name and the reasons why the parent believes the student is a student with a disability. Upon receipt of a referral, the district must appoint an individualized education program (IEP) team, and the IEP team must conduct a review of existing data to determine what additional data, if any, are needed to complete the evaluation. 34 CFR §§ 300.503(a)(1), 300.305(a); Wis. Stat. §§ 115.792(2), 115.782(2)(b). An IEP team meeting must be conducted to determine eligibility within 60 days after receiving parental consent for additional assessments or notifying the parent that no additional assessments are needed. 34 CFR § 300.301(c); Wis. Stat. § 115.78(3)(a). School districts must take steps to ensure that the parent of a student with a disability is present at each IEP team meeting or is afforded the opportunity to participate, including notifying the parent of the meetings early enough to ensure that there will be an opportunity to attend, and scheduling the meeting at a mutually agreed time and place. Prior to an IEP team meeting, a district must provide notice to the parent of the purpose, time, and location of the IEP team meeting, including a list of who will be in attendance at the IEP team meeting. 34 CFR § 300.322.
 

The children who are the subject of this complaint are siblings who previously received birth to three early intervention services. Generally, providers of birth to three services assist parents in referring children who are likely to be eligible to receive early childhood special education to school districts for evaluations prior to the child’s third birthday. However, in this case the complainant, who is the children’s parent, chose to hold off on referring the children to the school district for evaluations to pursue a different opportunity for the children’s daycare. The children’s birth to three provider gave the parent contact information for the appropriate school district staff person in case the parent wished to request evaluations for the children in the future.
 

The parent began to contact district staff over the summer of 2023 regarding both children, with particular concerns regarding the needs of one of the children. The district encouraged the parent to bring both children to the district’s child development screening activity scheduled for September 2023. The children’s parent brought them both to the event and district staff conducted screening activities. Based on the results of the screenings, district staff found no significant developmental concerns for either child.
 

The parent continued to contact district staff via phone calls and email regarding seeking information and expressing concerns. In November of 2023, the parent sent an email to the district, and staff reviewed with the parent the results of the September screenings. Staff emphasized that screenings did not result in significant concerns that would prompt the district to initiate a referral but clarified that the parent had a right to make a referral themselves at any time. District staff also offered the parent the option of bringing the children to another child development screening event scheduled for January 2024.
 

On January 8, 2024, the parent contacted the district via email, indicating they were interested in starting the evaluation process for both children. The parent indicated they wanted to gather additional information from the children’s birth to three and medical files prior to submitting the referral. The district responded to the parent’s request via email on January 10, 2024, describing the evaluation process and attaching the referral forms for the parent to complete. The parent did not submit the completed referral forms to the district, and had indicated they wanted to wait, so the district did not begin other evaluation activities at that time.

The children’s parent took both children to the district’s January screening event. The screening team conducted screening activities and reviewed their results with the parent, again noting no significant developmental concerns for either child. The district explained that the children could start 4K and the team could reassess their progress at that time, or the parent could make referrals for special education evaluations at any time. The parent shared reservations about proceeding with the referral.
 

On February 27, 2024, the parent emailed the district asking if she could bring one of the children to the spring child development day screening in March 2024. The parent indicated in their email they understood they could request an evaluation. The district responded suggesting that instead they proceed with a meeting where all providers and the parent could discuss the parent’s concerns. The parent emailed the district March 9, 2024, indicating they no longer wanted to refer the children for evaluations and that the children were doing well in their daycare setting. However, on March 15, 2024, the district received completed referral forms for the children. That same day, district staff met with the parent to review existing data for both children. On March 18, 2024, the parent sent the district an email requesting the district “cancel” the referrals. District staff contacted the parent, and after some discussion with the parent, the parent agreed to continue the evaluation process. The parent signed consent for the district to conduct assessments for both children on April 8, 2024. The district conducted assessments and the IEP teams for both children met on May 20 and 21, 2024, and determined both were eligible to receive special education services for speech and language impairments.
 

The district properly responded to the parent’s request for special education evaluations. From July 2023 to May 2024, the district appropriately responded to many questions and concerns posed by the parent. The district shared the process to initiate a referral for a special education evaluation multiple times via phone, in person, and email communications. The parent, in an effort to make the best decision for their children, sought out input from district staff, as well as a variety of other individuals from other agencies leading up to the referral. The district properly responded to all of the parent’s inquiries and ultimately assisted the parent with making referrals.
 

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.