On October 2, 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 issues are described below and pertain to the time period beginning October 2, 2023.
The student who is the subject of this complaint is high school aged and has health issues which cause vision and mobility problems. The health issues, their medical treatments, and the side effects of the student’s vision problems result in the student experiencing headaches, fatigue, and a lack of physical stamina. The extent to which the student is able to participate in instruction on any given day is variable. The student has academic skills that are commensurate with their peers though their disability related issues have made it difficult for the student to complete the necessary credits toward graduation. As of October 2023, the district was providing the student regular education and special education services as a homebound student. The student’s individualized education program (IEP) team met on October 23, 2023; November 28, 2023; and February 6, February 16, March 8, May 8, June 6, and August 15, 2024. At the August 15, 2024, IEP team meeting, the team placed the student at the Wisconsin Center for the Blind and Visually Impaired (WCBVI). As of the date the department received the parents’ complaint, the student was attending WCBVI as a resident student two days per week. Since that time, the student has increased their time as a resident student at WCBVI to four days per week.
Whether the district properly developed and implemented the IEP of a student with a disability regarding the services of a Visual Impairment (VI) licensed teacher, Orientation and Mobility (O&M) Service, braille instruction, and assistive technology (AT).
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 a FAPE to each student with a disability, in part, by implementing each student's IEP. 34 CFR §§300.323(c)(2) & 300.324. Each student’s IEP must address the student's needs that result from the student's disability in order to enable the student to be involved and make appropriate progress in the general education curriculum and toward their IEP goals and meet the student's other educational needs that result from the student's disability. For students with visual impairments, IEP teams must provide for instruction in braille or the use of braille for a student who is visually impaired unless the IEP team decides after an evaluation that instruction in braille or the use of braille is not appropriate. 34 CFR § 300.324(a)(2)(iii); Wis. Stat. § 115.787(3)(b)(3). The IEP must include a statement of the special education services to be provided to the student. 34 CFR §§300.320(a), 300.324(a). The district must ensure that the student's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation and that they are informed of their specific responsibilities. 34 CFR § 300.323(d). Each school board must ensure every teacher, aide, or other professional staff holds a valid certificate, license, or permit issued by the department for the position for which the individual is employed. Special education services must be provided by properly licensed special education teachers. 34 CFR § 300.156; Wis. Stats § 118.19.
The student’s IEP that was in effect through May 8, 2024, specified that the student required specially designed instruction from a VI teacher four times per year for 20 minutes each session. At the May 8, 2024, IEP team meeting the team increased the student’s services of the VI teacher services to 30 minutes per week. At the IEP team meeting on June 6, 2024, the IEP team further increased the student’s services from a VI teacher to 260 minutes per week. However, as noted in the October 24, 2023, IEP, the district did not have a teacher of the visually impaired, and instead contracted with an unlicensed assistant to provide the services during this time.
The district did not properly implement the student’s IEP regarding the provision of VI services. Within 30 days of the date of this complaint, the district shall convene the student’s IEP team to consider whether additional services are necessary to address the lack of instruction provided by an appropriately licensed teacher from October 2023 through August 2024. The district shall provide the department a copy of the IEP documenting the discussion within 10 days of the meeting.
The student’s IEP in effect in October 2023 indicated the district would provide consultation regarding O&M with the parent and the student twice monthly for ten minutes. Prior to the May 8, 2024, IEP team meeting, the student’s team had discussed providing the student direct O&M services. The team had decided direct services were not appropriate while the student was receiving homebound instruction, as they are designed to assist students in navigating environments outside the home. The district continued to provide consultation between the O&M provider and the parent and student as specified in the IEP. At the May 8, 2024, IEP team meeting, the team reconsidered and determined it was appropriate for the student to begin receiving some direct O&M services. The team determined the student would receive 30 minutes of direct O&M services per week. However, the direct services were not provided consistently. When the team met in August 2024, the team considered whether compensatory services were appropriate given the district’s failure to properly implement the student’s direct O&M services during the previous IEP term. The team determined that O&M services would continue at the increased level specified in the May 2024 IEP. Since the student’s IEP team has already determined compensatory services to address the lack of proper implementation of the direct O&M services, no further corrective action is required at this time for this violation.
The student’s IEP team determined the student had a need for AT. Over the course of the school year AT was identified as text to speech, digital text, closed captioned television with enlarged screen, book share, hard copies of textbooks, and large print. Evidence shows the district provided all the identified AT devices and tools. The student’s parents did not agree that these AT devices and tools were appropriate for the student to access the curriculum while homebound and purchased an AT device that they felt was more suitable. The student’s parents did not discuss this with the district prior to purchasing the device and did not ask the IEP team to consider whether the device was necessary for the student to receive FAPE. At their IEP team meetings in March and May 2024, the IEP team considered how the student used the device and specified various services to provide the student with curricular materials that were usable with the device. The team appropriately determined the student’s AT needs and properly provided the services.
Whether the district properly developed the student’s IEP regarding parent concerns, effects of disability, disability related needs, testing accommodations, present levels, special factors, and annual goals.
School districts must provide a FAPE to each student with a disability by developing a program that meets the student's unique needs and documenting that program in the IEP. In developing the IEP, the team must consider the concerns of the parents for enhancing the education of their child, the effects of the student’s disability, the student’s disability related needs, testing accommodations, present levels, special factors, and annual goals. 34 CFR 300.320 and 34 CFR 300. 324.
Each IEP developed during the time period relevant to this complaint contains a written statement of parent concerns. Evidence reviewed by the department shows that these concerns were updated at each meeting based on input by the parents at the meeting and prior to the meeting. The evidence also shows that IEP team members gave due consideration to the parents’ input in developing the IEP.
The IEP in effect for the student on the date this complaint was filed described the effects of the student’s disability generally in terms of the student’s stamina. The student’s IEP team revised the effects of the student’s disability on February 16, 2024, and May 8, 2024. The revisions refined the description of the effects of the student’s disability to more specific areas related to the student’s academic and functional achievement. The description statements of the effects of the student’s disability, as described by the IEP team, were reasonable in light of the data available to the team and the student’s evolving circumstances. The student’s disability related needs articulated by the student’s IEP team are in direct alignment with the effects of the student’s disability and are appropriately stated.
In each of the IEPs in effect during the time period relevant to this complaint, the IEP team appropriately considered and properly documented the accommodations the student required to participate in the statewide tests.
All of the student’s IEPs contained descriptions of the student’s present levels of academic and functional performance. The IEPs show present level statements that are sufficient to identify how the student’s disability affects the student’s involvement and progress in the general education curriculum. The present level statements were also revised over time in light of new information and at the request of the parents.
Federal special education law requires IEP teams, when developing the IEP for each student with a disability, to take particular care to address several specific topics. These are often called “special factors” and generally are included in a distinct section of the IEP. 34 CFR § 300.324 (a)(2). The student’s IEPs show that the IEP team regularly considered all five special factors as required but during the March 8, 2024, IEP team meeting, the team neglected to include a proper description of amount and frequency when it added “access to digital text (books, worksheets) to use with his personal Reveal 16i Smart desktop magnifier” to the section specific to AT. This IEP team corrected this oversight at the IEP team on May 8, 2024. The district properly provided the student access to digital text.
Through March 8, 2024, the student had one annual goal related to vision involving accessing electronic print using the assistive technology specified in the IEP. This goal was appropriate to the student’s identified disability related need. The goal contained baseline data, a measurable level of attainment, and procedures for measuring the student’s progress. At the March 8, 2024, meeting, the student’s IEP team added additional annual goals related to self-management and specially designed physical education. These new goals were appropriate given the students identified disability-related needs and contained appropriate baselines, levels of expected attainment and methods for measuring progress. On May 8, 2024, the IEP team revised the vision goal to focus on the use of braille and added a goal for orientation and mobility; these goals were likewise appropriate. On August 15, 2024, the team added a new appropriately described goal related to the use of assistive technology. The district ensured all annual goals in the student’s IEPs during the time period relevant to this complaint contained all required components and were reasonably calculated to allow the student to make adequate progress in light of their circumstances.
Within 30 days of the date of this decision, the district shall submit to the department a corrective action plan outlining the steps the district will take to ensure IEP teams appropriately document the frequency and amount of assistive technology in the IEP program summary.
Whether the district properly provided homebound instruction to allow the student to make progress in the general education curriculum.
The student’s IEP required homebound instruction for the student from October 2023 through August 2024. During this time, the student was working in the general curriculum in order to complete high school credits necessary for graduation, and the district provided instruction to support the student. During this time, the student made reasonable progress in light of their circumstances.
Whether the district improperly made changes to the student’s IEP outside of an IEP team meeting.
Changes to the IEP may be made after the annual IEP team meeting by the IEP team at an IEP team meeting, or upon agreement of the parent and the district, the district may develop a written document to amend or modify the child's current IEP without holding an IEP team meeting. 34 CFR § 300.324(a)(4).
The department found no evidence that the student’s IEP was changed outside of an IEP team meeting during the period of time relevant to this complaint.
Whether the district properly determined the student’s eligibility for extended school year (ESY) services.
ESY services are required special education and related services provided beyond the limits of the school term, in accordance with a student’s IEP, that are necessary to ensure the student receives a FAPE. If a student’s parent or any other member of a student’s IEP team raises the issue of ESY eligibility for a student, the IEP team must determine whether the child requires ESY services in order to receive FAPE. Extended school year services must be provided only if a student's IEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student. 34 CFR § 300.106.
When the student’s IEP team met on May 8, 2024, the team determined that the student required specially designed instruction for 30 minutes two times per week in strategies to identify and overcome obstacles that prevent task completion, 30 minutes per week of instruction from a VI teacher, and 30 minutes per week of O&M. The team specified that these services would be provided through August 26, 2024, which includes the summer break that occurred after the end of the 2023-24 school year. The team properly described the services in the student’s IEP. Although the team did not conduct the typical ESY eligibility analysis or identify the services as ESY, there is no requirement that they do so. The district did not improperly determine the student’s eligibility for ESY.
Whether the district properly provided the student’s parents reports on the student’s progress towards achieving annual IEP goals.
Each student's IEP must include a description of how the student's progress toward meeting their annual goals will be measured. It must also include a timeline for when periodic reports on the student's progress towards meeting their annual goals will be provided to the student’s parents. CFR §300.320(a)(3) and Wis. Stat. §115.787(2)(h).
The student’s IEP developed on October 24, 2023, contained one goal. The goal specified reports about the student’s progress would be provided on a quarterly basis. The district provided the parents a progress report on this goal on November 15, 2023, however the progress contained no data related to the baseline and level of attainment specified in the goal. The district again provided the parents a progress report on this goal on January 25, 2024, and the progress report properly contained data related to the baseline and level of attainment specified in the goal.
In February 2024, the student’s IEP team added two IEP goals to the student’s IEP.
Both new goals specified that reports about the student’s progress would be provided on a quarterly basis. The district provided the parents progress reports on the three goals on April 12, 2024, however one of the progress reports contained no data aligned with the baseline and level of attainment for each of the short-term objectives.
In May 2024, the student’s IEP team replaced two of the student’s annual goals with new annual goals. Both new goals specified reports about the student’s progress would be provided on a quarterly basis. On May 12, 2024, the district provided the parents progress reports on the four annual goals in the student’s IEP with all required information.
In failing to include data aligned with the annual goal baseline and level of attainment on all occasions, the district failed to properly provide the parents reports on the student’s progress towards achieving annual goals. Within 30 days of the date of this decision, the district shall provide the department a corrective action plan outlining the steps it will take to ensure IEP progress reports provided to parents include appropriate data.
Whether the district properly provided specialized transportation as a related service.
Specialized transportation is considered a related service. The student’s IEP team determines, based on the student's unique, disability-related needs, whether the student needs specialized transportation to benefit from their special education and, if so, how specialized transportation services will be provided. 34 CFR § 300.107.
When the student’s IEP team placed the student at WCBVI, questions arose regarding transportation arrangements for the student since the student was only going to be in residence two days per week and transportation was typically provided for students in residence five days per week. The district was obligated to provide transportation for the student at no cost to the parent. The district entered into a contract with the parent to reimburse the parent for providing the student transportation from WCBVI to the student home at the end of the students scheduled in-residence period. The district properly provided specialized transportation as a related service.
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.
For questions about this information, contact dpispeddata@dpi.wi.gov (608) 266-1781