IDEA Complaint Decision 24-094

On July 29, 2024 (form dated July 23, 2024), the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (complainants) against the #### (district). This is the department’s decision regarding that complaint. The issues are outlined below and apply to the period of time beginning July 29, 2023.

 

Whether the district properly implemented the individualized education program (IEP) of a student with a disability regarding accommodations of read aloud or speech-to-text for assignments, quizzes and tests.

 

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 and implementing each student's IEP as it is written. Staff responsible for implementing the student's IEP must be informed of their specific responsibilities. 34 CFR §300.323 and Wis. Stat. §115.787.

 

The student who is the subject of this complaint qualifies for special education under the disability category of deaf and hard of hearing (DHH). The student’s IEP in effect at the beginning of the 2023-24 school year includes several supplementary aids and services to address the student’s disability related needs, including the ability to use speech-to-text technology on assignments, quizzes and tests, or to have them read aloud by a staff member. This was written in the student’s IEP as “Speech-to-text or text read aloud for assignments, quizzes and tests.” The frequency was written as “When text above [the student’s] reading level is assigned and/or to ensure comprehension of assigned text.”

The complainants believed that the student’s IEP provided the student the choice of whether to use speech-to-text or to have tests read aloud. When the student asked district staff to read tests aloud, staff denied the request and directed the student to use speech-to-text. Department staff conducted document reviews and interviews with district staff that confirmed staff responsible for implementing the student's IEP were aware of their responsibility to provide the student’s accommodations, and that staff ensured that the student was able to use one of the two options as provided for in the IEP. The student had access to either speech to text or read aloud in all appropriate instances, and the IEP was properly implemented. Given the complainants’ concerns, however, the district reconvened the student’s IEP team on August 28, 2024. The revised IEP produced from that meeting clarifies that the student will have tests read aloud.

 

Whether the district properly conducted a meeting of the student’s IEP team including all required participants, and properly developed the student’s IEP regarding the services of an audiologist and a deaf/hard of hearing (DHH) teacher.

 

IEP team decisions are made through a process of consensus decision making with involvement of all IEP team participants. School districts must ensure the IEP team for each student with a disability includes the student’s parent, at least one regular education teacher of the student, at least one special education teacher of the student, and a LEA representative. A required IEP team participant may be excused from attending an IEP team meeting, in whole or in part, when the meeting involves a modification to, or discussion of, the participant’s area of the curriculum or related services if, in writing, the parent and the district agree to the excusal, and the IEP team participant submits written input into the development of the IEP prior to the meeting. 34 CFR § 300.321; Wis. Stat. § 115.78.

 

The student’s IEP team met on May 29, 2024, following the parents’ request to discuss the student’s supplementary aids and services. While the parents had intended for this meeting as an opportunity to only review and revise the IEP, the invite indicated that the purpose of this meeting was to develop the student’s annual IEP. An audiologist and DHH teacher were present at the meeting, and neither of their services were changed at this meeting. The IEP team was not able to complete all tasks required for an annual IEP team meeting, and the team agreed to reconvene at a later date.

 

The student’s parents did not wish to reconvene the IEP team until before the school year started. On August 28, 2024, the IEP team reconvened for a review/revise IEP team meeting. An audiologist and DHH teacher were present for this meeting. The IEP team increased the amount of services to be provided by the DHH teacher from 30 minutes per quarter to 30 minutes per month at this meeting. The district properly conducted meetings of the student’s IEP team including all required participants and properly developed the student’s IEP with respect to the services of an audiologist and DHH teacher.

 

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.