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 the complaint. The issues identified are whether the district, beginning November 26, 2023, properly conducted a special education evaluation and properly followed special education disciplinary procedures.
The district conducted an initial special education evaluation of the student on January 19, 2023. The individualized education program team determined that the student was not eligible for special education at that time. The student was involved in a behavioral incident on March 27, 2023. The district recommended the student be expelled and on April 6, 2023, the school board adopted that recommendation. The student’s parent filed this complaint on November 26, 2024, with concerns about both the expulsion and the district’s special education evaluation of the student.
Under federal and state special education law, complaint investigations may only address concerns that occurred within one year from the date the department receives a complaint. 34 CFR § 300.153(c). As such, the concerns raised by the student’s parent, which occurred prior to November 26, 2023, are not subject to review by the department.
This concludes our review of this complaint. This decision is final for the IDEA State Complaint process. 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