On November 15, 2024 (form dated November 14, 2024), the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parent) against the #### (district). This is the department’s decision regarding that complaint. The issue identified is whether the district, beginning November 15, 2023, properly developed and implemented the individualized education program (IEP) of a student with a disability regarding the student’s annual goals, positive behavior interventions and supports, and supplementary aids and services.
Annual Goals
School districts must provide a free appropriate public education (FAPE) 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. Each student’s IEP team must develop a statement of annual goals for the student designed to meet the student’s needs to enable the student to be involved in and make progress in the general education curriculum. Annual goals must be measurable and designed to address the student's disability related needs. Each goal must contain a baseline from which the student’s progress can be measured and a measurable expected level of attainment. Each annual goal must also include a statement of how the student's progress toward achieving the goal will be measured. 34 CFR §300.320(a), Wis. Stats. § 115.782(2)(b).
The complaint states that the IEP in effect at the beginning of the 2024-25 school year contained goals that did not have appropriate baseline data or levels of attainment. The student’s annual IEP dated January 31, 2024, contained three goals and each goal had four to five short term objectives that each contained a baseline and level of attainment. Many of the baselines for the short-term objectives contained subjective wording such as “the student struggles to perform this skill” or “the student does not yet understand this concept” which were not measurable and did not match with the level of attainment described for each objective. Levels of attainment all contained a quantitative measurement, such as a percentage, that the student was expected to perform the skill. On September 5, 2024, the IEP team met to review and revise the IEP after the parent had concerns regarding a document sent home to all families with the classroom rules and consequences. During the meeting, the student’s parent shared that it was important for staff to build positive relationships with the student, to give reminders about recess rules, and to provide accommodations, and modifications when completing academic tasks. The parent also stated that sleep was a concern as the student had a history of sleeping during the school day. The student’s parent suggested that unfinished work be sent home, and that school staff could reach them via text or phone in the event of an emergency. After the meeting, the district’s IEP software system had a technical issue, and the information discussed from the annual IEP did not carry over to the revised IEP. Despite the IEP missing information, interviews with district staff demonstrated that they were providing all of the student’s goals and services as described in the student’s annual IEP. Although the IEP team revised the student’s annual goals to include additional specific information, the baseline data was not expressed in subjective terms that aligned with the expected level of attainment. The district did not properly develop the student’s annual IEP goals.
Positive Behavior Interventions and Supports
Whenever a student with a disability exhibits behaviors that impede the student's learning or that of others, districts must consider the use of positive behavioral interventions and supports and other strategies to address that behavior 34 CFR § 300.324 (a)(2)(i). If a student displays inappropriate behavior despite having an IEP that includes behavioral supports, this may indicate that the behavioral supports in the IEP are not being appropriately implemented or are not appropriate for the student. In these situations, the IEP team should meet to review whether the supports and services are being implemented or whether the supports and services are effective and revise the IEP accordingly. The IEP team should also consider whether a functional behavioral assessment is necessary to better understand the function of the student's behavior. It is critical that services and supports are designed to support the needs of students with disabilities and ensure FAPE are appropriately implemented to avoid an overreliance of exclusionary discipline in response to a student’s behavior. Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions, U.S. Department of Education Office of Special Education and Rehabilitative Services, July 19, 2022.
In the complaint, the student’s parent expressed concern that the student’s IEP was not appropriately developed or implemented to meet the student’s behavioral needs. The IEP dated January 31, 2024, which was in effect at the start of the 2024-25 school year documents behaviors exhibited by the student in the present level of performance and describes positive behavior interventions and supports under the special factors section as well as in the section describing supplementary aids and services. Department staff confirmed through interviews with the school principal and IEP team members that the student’s behaviors observed by staff at the start of the 2024-25 school year were consistent with the behaviors described in the IEP. The school principal confirmed that they observed IEP team members implementing the positive behavior interventions and supports as described in the IEP. The district also submitted examples of some of the supports that were used with the student (incentive chart, visual schedule with reminders of appropriate classroom behavior). During an IEP meeting held on October 21, 2024, the parent requested the team conduct a Functional Behavior Analysis (FBA) in order to develop a Behavior Intervention Plan and a re-evaluation to determine whether the student required occupational therapy as a related service. The parent stated concerns about the number of office discipline referrals the student received during the course of the 2024-25 school year. Interviews confirm that staff responded consistently with the student’s IEP to each major and minor behavior incident. Staff provided the student redirection, an opportunity to work in the resource room, or a break to self-regulate. The IEP included a very succinct behavior intervention plan in the special factors section in the IEP stating that when the student become dysregulated (yelling, shoving furniture, running around the room, crawling, or trying to sleep) the student will be encouraged to use the resource room until they are regulated and ready to return to class. Additional supports listed include providing work in small chunks with breaks to help maintain regulation, calming activities, and opportunities to speak to the parent upon student request. Following the October 21, 2024, IEP team meeting, district staff were prepared to conduct the FBA. A notice of re-evaluation was sent to the parent on October 22, 2024. On November 12, 2024, the district sent a Notice and Consent Regarding Need to Conduct Additional Assessments. The student stopped attending school on November 12, 2024, and the parent disenrolled the student from the district on November 20, 2024. The district appropriately developed and implemented positive behavior interventions and supports.
Supplementary aids and services
Each student’s 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 parent states that staff assigned the student grade level work with no modifications. The student’s annual IEP documents that the student is allotted additional time to complete assignments and tests, assessments given in a one-on-one setting, and aide support during academic times. Interviews with staff confirm these supplementary aids and services were provided. Although school staff would often modify the student’s work by reducing or shortening the amount of work the student was to complete, the student’s IEP did not include reduced or shortened work. As a result, it is unclear whether the student required this service to access FAPE. The district did not properly develop the IEP to address modifications to grade level work.
The parent also raised concerns regarding the student’s daily communication sheet. The use of the daily communication sheet was documented in the student’s IEP. The parent submitted several completed communication sheets, and many were not filled out completely. Staff interviews confirmed that some portions of the sheet may not have been completed due to staff absences. However, it was not clearly communicated to the parent why some portions of the communication sheet were left blank. Staff interviews confirm that the parent and special education teacher were in frequent communication with one another, however the student’s IEP specified the use of a communication sheet. The district did not properly implement in regard to providing the parent with a daily communication sheet.
Although the student is currently not enrolled in public school, the student is a resident of the school district, and the parent has the option to re-enroll the student. If the parent re-enrolls the student, the district must conduct an IEP team meeting within 30 days of enrollment to review and revise the student’s annual IEP goals and supplementary aids and services. The district is directed to send a copy of the revised IEP to the department within 10 days of the IEP meeting. No other corrective action is required.
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