On October 17, 2024, the Department of Public Instruction (department) received a complaint under state and federal special education law from Lauren Friestrom (parent) against the School District of Waukesha (district). This is the department’s decision regarding that complaint. The issues in the complaint are described below and pertain to the period of time beginning October 17, 2023.
Whether the district properly provided licensed staff, specifically properly licensed Deaf and Hard of Hearing (DHH) teachers.
Each district 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. School districts meet their responsibility for implementing individualized education programs (IEP), in part, by ensuring that services are provided by properly licensed and qualified staff.
In their complaint, the student’s parent alleged that the staff members providing DHH services to the student during the 2024-25 school year are not properly licensed. A review of the teachers’ licensures demonstrates each teacher responsible for providing DHH services holds proper DPI licenses for their positions. The district properly provided licensed staff, specifically properly licensed DHH teachers.
Whether the district properly waived the student’s three-year re-evaluation.
School districts must reevaluate each student with a disability at least once every three years unless the district and parent agree that a reevaluation is unnecessary. 34 CFR § 300.303. The department may only investigate special education state complaint allegations that occurred no more than one year prior to the date that the department receives the complaint. 34 CFR §300.153(c).
The complaint states the district waived the student’s most recent reevaluation without their agreement. The student’s most recent reevaluation was due in January 2023, more than one year prior to the department’s receipt of the parent’s complaint. The department is not able to investigate this concern.
Whether the district properly provided audiology services to monitor the student’s cochlear implants.
School districts must provide a free appropriate public education to each student with a disability by developing a program that meets the student's unique needs, documenting that program in the IEP, and implementing the program as articulated in the IEP. The IEP must include a statement of the special education, related services, and supplementary aids and services to be provided to the child, 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). Districts must ensure that each service provider is informed of their specific responsibilities related to implementing each student's IEP and the specific accommodations, modifications, and supports the district must provide the student in accordance with the IEP. 34 CFR § 300.324(d).
The student’s March 2024 IEP includes a supplementary aid and service requiring staff to check the student’s cochlear implants daily for battery life and proper sound at the beginning of each school day. The district acknowledges that this aspect of the student’s IEP is not being implemented on a consistent basis. The district did not properly provide audiology services to monitor the student’s cochlear implants as outlined in the student’s IEP.
Whether the district properly provided the parent with their due process rights.
Districts must provide parents of each student with a disability a copy of the notice of procedural safeguards once a school year. Additionally, districts must provide the parents a copy upon initial referral or parent request for evaluation, upon receipt of the first state special education complaint or due process complaint request in a school year, in accordance with the discipline procedures, and at any time upon request by a parent. 34 CFR § 300.504(a).
The student’s parent and district agree the district did not properly provide the parent with a copy of the notice of their due process rights.
Whether the district properly followed provisions for excusal of participants from attendance at an IEP team meeting.
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 (if the student is, or may be, participating in the regular education environment), at least one special education teacher of the student, and a local educational agency 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. Only required IEP team participants need to be excused in writing. 34 CFR § 300.321; Wis. Stat. § 115.78. Prior to the IEP team meeting, the school district must provide the parent with a notice indicating the purpose, time, and location of the meeting and who will be in attendance. 34 CFR § 300.322(b)(i). However, a school district may develop proposals for the IEP team to consider as long as the proposal is used solely for discussion purposes and is not represented as a final decision.
The March 6, 2024, IEP team meeting took place prior to the beginning of the school day. Multiple staff left the meeting early, including the student’s regular education teacher. The parent did not agree to the IEP team members’ excusal and was not informed prior to the meeting that staff may be leaving early. The district shared that there is no documentation regarding whether people left early but based on past practices, some staff most likely left before the meeting ended without going through the required excusal process. The district did not properly follow the provisions for excusal of participants from attendance at an IEP team meeting.
Whether the district properly provided the parent prior written notice, including a copy of the final IEP, prior to its implementation.
Parents must be provided with prior written notice, including a copy of the student’s IEP, a reasonable time prior to the IEP’s implementation. 34 CFR § 300.503(a).
The student’s parent stated that they did not receive a final copy of the IEP developed on March 6, 2024. The district acknowledges a final copy of the IEP was not sent to the parent. The district did not properly provide the parent prior written notice, including a copy of the final IEP, prior to its implementation.
Within 10 days of this decision, the district must provide the parent a copy of the student’s IEP. Within 30 days of the date of this decision, the district must offer the student’s parent to conduct an IEP team meeting including all required IEP team members. If the parent declines the offer, the district must provide documentation of the discussion and decision. If the student’s parent accepts the offer to hold an IEP team meeting, the district must inform the department of the meeting date and must submit a copy of the revised IEP to the department within 10 days of the IEP team meeting. The district must also take steps to ensure staff are properly implementing the student’s audiology services as described in their IEP. The district must submit to the department documentation of all these activities.
Additionally, within 30 days of the date of this decision, the district must develop and submit to the department for approval a corrective action plan. This plan must ensure the following:
● All staff are informed of their IEP responsibilities and supplementary aids and services are provided as outlined in student IEPs;
● Staff provide parents a copy of their procedural safeguards in accordance with special education law;
● Parents are provided a final copy of the student’s IEP prior to implementation;
● All staff who participate in IEP team meetings are informed on attendance and excusal requirements at IEP team meetings.
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