IDEA Complaint Decision 24-093

On July 16, 2024, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (complainant) against the ####l (district). This is the department’s decision regarding this complaint. The issue identified is whether the district, during the 2023-24 school year, properly fulfilled its responsibility to identify, locate, and evaluate a student suspected of having a disability.

School districts must ensure that all children with disabilities residing in the district who need special education and related services are identified, located, and evaluated. 34 CFR § 300.111(a). This responsibility is often referred to as “child find” and it is an affirmative duty. School districts may not take a passive approach and wait for others, including parents, to refer students. A licensed staff member employed by a local educational agency who reasonably believes a student has a disability, must make a special education referral. Wis. Stat. § 115.777(1)(b). The district must accept and process all referrals for evaluations that are submitted. Wis. Stat. § 115.777(3). If a parent’s request is ambiguous, districts must clarify with the parent whether the parent is requesting a special education evaluation and provide information on how to submit a written referral.

The student who is the subject of this complaint was enrolled in the district’s high school and has not been identified as a child with a disability. The complainant, who is the student’s parent, reports that the student has a history of mental health concerns including thoughts of suicide. District staff report that the student, who has attended school in the district for several school years, historically demonstrated academic achievement commensurate with peers. However, in the past few years the student’s attendance has become extremely inconsistent. The absences are significantly impacting the student’s academic performance. The student attended only a few days of school at the beginning of the 2023-24 school year. During meetings held on September 22 and 28, 2023, to discuss different school options and address the student’s attendance concerns, the parent verbally raised the possibility of the student needing special education. In response, a district staff member explained that high school aged students are generally not referred for initial special education evaluations.

The district did not properly fulfill its responsibility to identify, locate, and evaluate a student suspected of having a disability. When the parent brought up the possibility of special education services in September 2023, district staff did not assist the parent in completing a referral for evaluation nor explain the process so the parent could complete a referral themselves.

The complainant has expressed a preference to homeschool the student for the 2024-25 school year. However, the district’s child find responsibility includes homeschooled children. Within 20 days of this decision, the district is directed to appoint an individualized education program (IEP) team for the student and initiate a special education evaluation. The evaluation should be expedited and completed as soon as practicable. If the student’s IEP team determines the student is eligible for special education, the district is directed to ensure the team develops an IEP for the student including a determination of compensatory services the student requires due to the delay created by the district’s failure to evaluate the student during the 2023-24 school year. The district must submit a copy of the completed evaluation, and if applicable, the IEP, within 10 days of its development, as well as the determination of compensatory services.

All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. 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.