IDEA Complaint Decision 24-144

On December 12, 2024 (form dated December 11, 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, during the 2024-25 school year, properly responded to a parent’s request for an evaluation.

The purpose of a special education evaluation is to determine whether the student is a child with a disability in need of special education and the nature and extent of the student's educational needs. All referrals must be in writing and include the name of the student and the reasons why the person believes that the student is a student with a disability. Wis. Stat. § 115.777(2)(a). Upon receiving a referral for an evaluation, the local education agency (LEA) must appoint an individualized education program (IEP) team, which includes the student’s parent. The district must accept and process all referrals that are submitted. Wis. Stat. § 115.777(3). Within 15 business days of the LEA’s receipt of the referral, the IEP team, including the student's parent, must conduct a review of existing data to determine the need for additional information to complete the evaluation, including information from assessment or other evaluation activities. 34 CFR §§ 300.300-300.305; Wis. Stat. § 115.777(3)(e). The initial evaluation must be conducted within 60 days of receiving parental consent for the evaluation. 34 CFR § 300.301(c); Wis. Stat. § 115.78(3)(a). The LEA shall conduct a meeting to develop an individualized education program and determine a placement within 30 days of a determination that a student is a child with a disability. Wis. Stat. § 115.78(3)(c).

An IEP team may identify a student as having a specific learning disability (SLD) if the student demonstrates both insufficient progress and inadequate classroom achievement after the student has received at least two intensive scientific research-based interventions. Wis. Admin. Code PI 11.36(6)(c). Significant discrepancy or insufficient progress in achievement as compared to measured ability may be used to evaluate a child attending a private school or participating in a home-based private educational program. When conducting an initial evaluation for SLD, the 60-day timeline may be extended by mutual written agreement of the student’s parents and IEP team. 34 CFR § 300.309(c); Wis. Admin. Code PI 11.36(6)(b).

The student that is the subject of this complaint started the 2024-25 school year attending first grade in the district. On September 23, 2024, the student’s parent shared concerns about the student’s reading with a district employee and asked for an IEP. The district employee provided the parent with a district form for a special education referral, which the parent filled out, signed, and submitted to the district the same day. On September 26, 2024, a second district employee emailed the parent and wrote that district staff would meet the following week to “talk about your concerns” for the student. “From that meeting, we will decide on next steps for how to best support [the student] and whether or not the team will decide to move forward with an evaluation.”

On October 8, 2024, the district provided the parent with a form entitled “notice of receipt of referral and start of initial evaluation.” The form identified members of the IEP team, including the parent and district staff. The form also explained that the IEP team would review existing information to determine if further evaluation would be necessary to assist in determining whether the student has a disability. On October 8, 2024, the parent participated in a review of existing data with a district school psychologist to determine additional assessments. The district’s form identified additional assessments in the areas of academic, and social/emotional. On October 8, 2024, district staff and the parent discussed a timeline extension for SLD in order to complete the reading interventions that began the previous day. On October 12, 2024, the parent signed and submitted consent for both additional assessments and an extension of the timeline to evaluate until February 28, 2025.

On November 20, 2024, the parent decided to remove the student from the district by the end of that week and enroll in a private school. On December 12, 2024, the district confirmed that the original district members of the IEP team would continue the evaluation. The parent signed an authorization allowing the district and private school to share information. On January 6, 2025, the district emailed the parent regarding adjustments to the evaluation plan based on the student’s enrollment in private school. The parent responded with a request for occupational therapy, psychological, and emotional behavior evaluation. On January 10, 2025, the district added an occupational therapist to the IEP team. Based on the email and a phone call, the district provided a second consent form for additional assessments in cognitive, social history, sensory processing, executive functioning, social/emotional, speech/language, and behavior areas, on January 14, 2025. On January 16, 2025, the district obtained parental consent for the additional assessments. An evaluation meeting is scheduled for February 26, 2025, within the timelines of the agreed upon extension.

Although the September 26, 2024, email incorrectly described the referral process, the district did not delay the evaluation and accepted and processed the referral within time limits. The district appropriately obtained consent to conduct additional assessments to address the parent’s concerns and extend the timeline to evaluate for specific learning disability. The district is on schedule to conduct a timely evaluation. The district properly responded to the parent’s request for an evaluation.

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.