IDEA Complaint Decision 24-122

On October 22, 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 is whether the district, beginning October 22, 2023, properly implemented the individualized education program (IEP) of a student with a disability regarding an out of classroom safe space, consultation between the student and staff, occupational therapy, homework, and notetaking.

 

School districts must provide a free appropriate public education to each student with a disability by developing an IEP that meets the student's unique needs and by implementing special education and related services in accordance with the 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. 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).

 

The student who is the subject of this complaint moved to a new school at the beginning of the 2024-25 school year. The student’s IEP in effect at the beginning of the 2024-25 school year was developed on May 23, 2024. At the time of the IEP team meeting, the IEP team was aware that the student would be attending the new school in the fall. The IEP contained the following provisions:

● A mutually agreed upon predetermined “safe” space or object outside the classroom to be available to the student when the student was showing signs of dysregulation.

● Beginning of the year consultation with all staff that the student will interact with and visit to foreshadow people, schedule, and new routines (prior to the beginning of the new school year), 30 minutes one time.

● Occupational therapy once weekly for 20 minutes in the regular education classroom.

● A note in the “Concerns of the Parents” section of the IEP stating the parent would like all of the student’s uncompleted work to be sent home.

● Provision of notes to the student anytime during whole group or small group instruction/activity when students are expected to take individual notes.

The student’s parent, who is the complainant, raised concerns that the district has not properly implemented these provisions of the IEP during the 2024-25 school year. The evidence reviewed by the department demonstrates district staff and the student’s parent do not have a shared understanding about the meaning of many of these provisions in the student’s IEP. For example, district staff identified the common area outside the student’s classroom as the “safe” space, but the student’s parent does not believe a space has been identified. The student has not had a need to utilize the “safe” space this school year as the student has not become dysregulated at school. District staff believe the beginning of the year consultation was meant for staff only, but the student’s parent felt the student should have been included. Some district staff stated that all work is completed during class time and the school does not assign homework, and that the school provides classroom notes to all students. However, the parent has received communication from other district staff indicating concerns about the student’s homework completion and note-taking. Because of the lack of a common understanding of the meaning of the services among IEP team members and staff responsible for implementing the IEP with respect to the services necessary to support the student’s homework completion and the provision of notes, the department cannot conclude the IEP was properly implemented. Within 30 days of the date of this decision the district shall convene the student’s IEP team to discuss, clarify, and appropriately document any services related to the student’s needs for a “safe” space, meeting with staff, uncompleted homework, and classroom notes.

 

The department reviewed the service records of the school’s occupational therapist which show that the student was provided therapy 20 minutes weekly as specified in the IEP with the exception of one week where the therapist was absent. The therapist provided 40 minutes of service the following week as make-up for the 20 minutes missed the prior week. The district properly implemented the student’s IEP regarding occupational therapy.

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.