IDEA Complaint Decision 24-090

On July 9, 2024 (form dated July 8, 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 identified is whether the district, during the 2023-24 school year, appropriately implemented the individualized education program (IEP) of a student with a disability regarding positive behavior supports and the student’s behavior intervention plan (BIP).

 

School districts must provide each student with a disability with a free appropriate public education (FAPE) in the least restrictive environment. School districts meet their obligation to provide FAPE to each student with a disability, in part, by developing an IEP based on the student’s unique, disability-related needs that is reasonably calculated to enable the student to make progress appropriate in light of the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. For most students, the IEP must be designed to allow the student to progress from grade to grade, but if that is not possible, the IEP should be appropriately ambitious in light of the student’s circumstances. 34 CFR §§ 300.320-300.324; Wis. Stat. § 115.78(2); Endrew F. v. Douglas County School District, 137 S.Ct. 988. Each student's IEP must include a statement of the special education, related services, and supplementary aids and services to be provided to the student, 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). If an IEP team determines a student’s behavior impedes the student’s learning or that of others, the student’s IEP must include positive behavioral interventions and supports and other strategies to address the behaviors. 34 CFR § 300.324(a)(2)(i).

The student who is the subject of this complaint exhibits behaviors that impedes the student’s learning or that of others. On April 2, 2024, the student’s IEP team met to review and revise the student’s IEP and BIP. The student’s BIP describes the student’s behaviors when the student is experiencing increased levels of escalation and provides corresponding actions for staff to take to support the student at each level. The student behaviors identified in the Anxiety stage are heavy breathing and clenched fists. The behavior may escalate to the Release stage where the student may break objects, yell, or leave the classroom and go into the hallway. Among the supports identified for this stage are offering the student a break and, if safe, giving the student time and space and limiting verbal interaction. The BIP indicates staff should call for support if the student becomes unsafe. When the student’s behavior escalates to the Physically Acting Out phase, the student may throw objects, hit, yell, or bang their head against objects. In that stage the BIP indicates staff should call for support, discontinue verbal interaction, and give physical space to the student.

 

The parent asserted the district did not properly implement the student’s BIP during an incident that occurred on June 4, 2024. The parent indicated the student became dysregulated in the classroom and the teacher sent the student into the hallway and locked the student out of the classroom. The parent said the student remained alone and dysregulated for 15 minutes until the school principal happened to walk by. The parent believed these actions were not consistent with the student’s BIP as the teacher directed the student to leave the room rather than providing the student the option of remaining in the classroom and did not contact the student’s special education teacher prior to contacting the school principal.

 

During interviews, staff demonstrated that they were familiar with the student’s BIP and described how to implement it. The teacher, who was present during the incident on June 4, 2024, said the student was building a tower in science class and became frustrated and threw it to the ground, shattering it into pieces. The teacher asked the student to pick up the pieces and the student started to show signs of possible behavioral escalation. In accordance with the student’s BIP, the teacher offered the student the opportunity to take a break and the student went into the hallway. The student shut the classroom door, then the teacher opened it, but the student shut it again. When other students in the classroom reported the student was kicking a stool in the hallway, the teacher went into the hallway to check on the student and asked the student whether they would like to go to another room near the student’s locker for a break and the student declined. The student then began kicking the door and holding it shut. At that time, the teacher called the office for support as the student’s behavior could have escalated and become unsafe. The principal arrived and walked the student to another classroom. According to the interviews with staff, the student appeared calm when walking with the principal to the other classroom.

 

Staff properly implemented the student’s BIP during the June 4, 2024, incident. After the student damaged objects in the classroom, behavior consistent with the student entering the Release stage according to the BIP, the teacher appropriately suggested the student take a break in the hallway which also provided the student space to self-regulate. The teacher checked on the student to ensure their safety while in the hallway. The teacher limited their verbal interactions with the student and called for support from the principal when the student began kicking the classroom door and holding it shut, behaviors that could reasonably be associated with escalation to the Physically Acting Out stage identified in the BIP. The parent raised a concern that the teacher contacted the principal before reaching out to the student's special education teacher. However, the student’s BIP does not require staff to contact the special education teacher first.

 

The parent did not feel the behavior incident on June 4, 2024, was properly documented in accordance with the student’s BIP. The student’s classroom teacher was responsible for communicating with the parent regarding the student’s school day. The classroom teacher talked to the teacher who was present during the incident and then informed the parent about it via an electronic message. However, the teacher who was present during the incident did not review the electronic message to the parent before the classroom teacher sent it. After the classroom teacher clarified some details with the teacher who was present, the classroom teacher edited the message to reflect the additional information. The district provided the parent with summaries of staff communication about the incident and facilitated the parent’s access to view the video footage. The district appropriately implemented the student’s IEP regarding positive behavior supports and the student’s BIP.

 

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.