IDEA Complaint Decision 24-138

On November 26, 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 identified are whether the district, beginning November 26, 2023, properly developed and implemented the individualized education program (IEP) of a student with a disability regarding positive behavior supports and specially designed instruction in mathematics.

 

School districts meet their obligation to provide a free, appropriate public education to each student with a disability, in part, by developing a program based on the student’s unique, disability-related needs that is reasonably calculated to enable the student to make progress appropriate considering the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. The IEP must contain annual goals that are both ambitious and achievable. 34 CFR §§ 300.320-300.324; Wis. Stat. § 115.78(2); Endrew F. v. Douglas County School District, 137 S.Ct. 988. 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 in 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. If the student's IEP team determines the student's behavior impedes the student's learning or that of others, the IEP team must consider the use of positive behavioral interventions and supports to address the behavior. 34 CFR §§ 300.320(a), 300.324(a). The IEP must be written in a manner that clearly describes the school district’s commitment of resources to all involved in developing and implementing the IEP. 34 CFR § 300.323; Wis. Stat. § 115.787.

Positive behavior supports

The complainant, who is an adult former student, attended high school in the district and graduated with a regular diploma at the end of the 2023-24 school year. The IEP that was in effect for the student on November 26, 2023, identified that due to their disability, they experience difficulty regulating and processing their emotions when overwhelmed or anxious. Supplementary aids and services in the IEP to address this need included access to the sensory room, opportunities to walk and talk, and use of gum, mints, and/or headphones when the student felt dysregulated. In their complaint, the student identified concerns with staff implementation of their IEP regarding these accommodations. However, the concerns the student raised occurred prior to November 26, 2023. State special education complaint investigations may only address concerns that occurred within one year from the date the department receives the complaint. In this case, only incidents occurring after November 26, 2023, are subject to review.

The student had an outside neuropsychological evaluation on October 18, 2023. The student’s parent requested an IEP team meeting to discuss its results, which took place on December 20, 2023. The neuropsychological evaluation diagnosed the student medically with a neurocognitive disorder that reflected a nonverbal learning disorder (sequential rather than simultaneous processing), dyscalculia, dysgraphia, anxiety, and autism spectrum disorder. The IEP team discussed the student’s current behavior in light of the neuropsychologist's evaluation, and did not identify any concerns regarding the student’s behavior regulation at the December meeting. The district provided an environment in which the student remained regulated during the period of time beginning November 26, 2023. The district properly developed and implemented the IEP regarding positive behavior supports.

Specially designed instruction in mathematics

The student’s IEP in effect on November 26, 2023, stated that the student’s mathematics skills were significantly below grade level. The student has difficulties in the areas of math computation, application, and fluency. One of the student’s three annual goals in their IEP was in mathematics. The IEP described the importance of the student having access to a calculator, pre-teaching and re-teaching of concepts, and repetitive step-by-step practice. The IEP provided for mathematics supplementary aids and services and accommodations but did not include specially designed instruction in mathematics.

The student wanted to devote more time to studying mathematics during their senior year to best prepare themself for post-secondary school success. The student believed mathematics instruction in a more restrictive environment would have better met their disability-related needs than the courses the district offered. The student participated in a new mathematics course the district provided that had significant content overlap with the student’s junior year course. The course was co-taught with a general education mathematics teacher and special education teacher providing instruction and student support.

At the IEP team meeting on December 20, 2203, the student’s IEP team revised the supplementary aids and services as a result of the neuropsychological evaluation. For testing, the student had the option to retake mathematics assessments for a better grade, the option to normalize language by talking through processing steps with a teacher scribe, and the ability to take assessments with notes and formula sheets. While having tests read aloud was already in the IEP, the IEP team emphasized the importance of having multiple choice tests read aloud. The IEP team added assignment modifications to have practice mathematical calculation work be given to the student at least one week in advance with written feedback to check work, and for assignments involving plotting points and creating graphs for interpretation, access to premade graphs with assignments asking the student to interpret the graphs. The IEP team made no changes to the student’s specially designed instruction during the December meeting.

The district acknowledged that the student’s IEPs did not accurately reflect the extent of specialized mathematics instruction and support provided in the co-taught mathematics course. The district did not properly develop the student’s IEP regarding specially designed instruction in mathematics.

Despite the documentation error, the district provided mathematics instruction and accommodations that helped the student make sufficient progress towards their annual mathematics goal. Since November 2023 the district has provided extensive staff training to improve IEP development. No further corrective action is required.

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.