On January 13, 2025, 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 are whether the district, during the 2024-25 school year properly implemented the individualized education program (IEP) of a student with a disability including the behavior intervention plan (BIP) and properly made changes to the IEP.
Whether the district properly implemented the IEP of a student with a disability including the BIP.
School districts must provide each student with a disability, a free appropriate public education (FAPE) in the least restrictive environment. School districts meet their obligation to provide FAPE to each student with a disability, in part, by developing and implementing each student's IEP as it is written. Staff responsible for implementing the student's IEP must be informed of their specific responsibilities. 34 CFR §300.323 and Wis. Stat. §115.787.
On October 21, 2024, the student who is the subject of this complaint began swearing at school staff and making inappropriate comments. The student continued this behavior while walking in between the arriving school buses. Interviews with school staff confirm that they tried to provide space for the student while calmly asking the student to make a safe choice and to come with them to the school office in accordance with the student’s BIP. The student eventually walked into the building but continued to demonstrate unsafe behaviors in the hallway. Staff followed the student’s BIP in an attempt to get the student to a safer location. After a few minutes, the student walked to the school office. Once in the office the student began yelling and started to cry. School staff called the student’s parent to pick them up from school. The student received a one day out-of-school suspension for the incident. The student’s BIP indicates that during escalated behaviors in the hallway staff should get the student to a safe space, limit verbal interactions, call a response team, and separate them from other students. The district properly implemented the student’s BIP during the October 21, 2024, incident.
On October 29, 2024, the student became upset while in science class and began using inappropriate language and making threats to another student. Staff called for support when the student left the class and went into the hallway. While in the hallway the student wrote an offensive note and stuck it to another student’s locker. School staff asked the student to come to the office and the student refused. The student went back to class and was disruptive, yelling and swearing. The student then gathered their things and went to the office. School staff called the student’s parent to pick them up from school and they received a two day out-of-school suspension for the incident. During this incident school staff followed the student’s BIP by attempting to get the student to a safe space, limiting verbal interactions, and calling a response team. The district properly implemented the student’s BIP during the October 29, 2024, incident.
Whether the district properly made changes to the IEP.
Changes to a student’s IEP must be made by the student’s IEP team. 34 CFR § 300.324. Changes to a student's IEP may be made after the annual IEP team meeting by the IEP team at an IEP team meeting or upon agreement of the parent and the district. The district may develop a written document to amend or modify the child's current IEP without holding an IEP team meeting. 34 CFR § 300.324(a)(4).
An IEP team meeting was held on November 1, 2024, to discuss the student’s recent behaviors that resulted in suspensions and to revise the student’s BIP. The parent received a draft of the BIP via email on October 29, 2024. In the email the staff member states that it is a draft copy to be discussed at the upcoming meeting and that all suggested changes are bolded and highlighted. District staff are allowed to provide drafts of IEP documents before IEP team meetings if they are to be discussed at the meeting with the larger team. The parent also confirms that they received the student’s behavior records and incident reports for both suspensions on October 30, 2024, in advance of the IEP team meeting. On November 1, 2024, the IEP team met to review the draft BIP and also added information about the antecedents to behaviors, functions of behavior, and developed supports including building relationships with staff and establishing break spaces for the student. The district properly made changes to the IEP.
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