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IDEA Complaint Decision 25-027

On February 17, 2025, 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 this complaint. The issue identified is whether the district, during the 2024-25 school year, properly developed and implemented the individualized education program (IEP) regarding post-secondary transition planning requirements.
 
School districts must provide a free appropriate public education to each student with a disability by developing a program that meets the student’s unique disability-related needs, documenting that program in the student’s IEP, and implementing the program as articulated. 34 CFR § 300.324. Beginning when the student is 14 and updated each year after, the IEP must include a statement of postsecondary goals, transition services, and a course of study needed to assist the student in reaching those goals. Wis. Stat. § 115.787(2)(g). In Wisconsin, the postsecondary goals, transition services, and course of study are documented together in a form called the postsecondary transition plan (PTP). At the beginning of each school year, districts must have an IEP in effect for each student with a disability. Wis. Stat. § 115.787(1), 34 CFR § 300.323(a).
 
The student who is the subject of the complaint is in 11th grade and has IEP goals in the areas of social interactions, reading comprehension, and writing.
 
On March 5, 2024, the student’s IEP team met and conducted both a three-year reevaluation and annual IEP team meeting. The student’s PTP included a goal of enlisting in the military. The team identified that the student’s annual IEP goals addressing increasing reading level and writing a five-paragraph essay as being helpful for the student make progress toward meeting the postsecondary goal. The student’s reading goal in the IEP included two short term objectives that stated the following: “[student] will complete Armed Services Vocational Aptitude Battery (ASVAB) Paragraph Comprehension Practice Test during Resource for 15 minutes per week”, and “[student] will complete weekly practice to determine the main idea of a text, recount the key details, and explain how they support the main idea.” The student’s parent did not express concerns regarding the student’s transition plan or services at the March 5, 2024, meeting. District staff sent the student’s parents a copy of the PTP on April 5, 2024, and the student’s parent did not express concern about the contents of the student’s IEP, including the PTP, at that time.
 
The district provided documentation that they provided the student 15 minutes per day rather than per week of ASVAB practice using five different websites with practice questions. When the student struggled to engage with the electronic format, district staff switched to a paper pencil format and the student’s engagement increased.
 
The IEP team reconvened on August 20, 2024, to discuss the student’s participation in a job training and work readiness program to address the student’s desire to obtain a job. To address the student’s needs regarding time on task and self-regulation the IEP team agreed the student would attend Opportunities Inc. (a program the district contracted with that provides individuals with disabilities vocational training), during the fall semester of 2024 to obtain instruction in job skills and job coaching while earning one credit and job pay for participation. The district also agreed to provide transportation for the student to and from the program. The student continued to receive 15 minutes per day of ASVAB instruction during the fall semester and was administered an ASVAB practice test in January 2025. The student’s scores demonstrated they had needs in the area of reading comprehension. As a result, district staff focused their efforts during the student’s ASVAB practice on reading comprehension.
 
The IEP team convened again on February 27, 2025. During the meeting, the student’s parent shared that they would like to add an IEP goal to address ASVAB test preparation. The team added a problem solving and ASVAB goal in addition to updating the student’s writing goal. Specially designed instruction was increased to 45 minutes per day. Specially designed instruction for the ASVAB goal consisted of test taking strategies, content preview and review, and application of test taking strategies during practice tests administered one time per month. Further, time with the district’s school psychologist was added to support the student in signing up to take the ASVAB, reinforce test taking strategies, and conduct overall research about the ASVAB. The school psychologist attended a meeting with the student, their family, and an army recruiter to gather additional information about the ASVAB process. The student’s February 27, 2025, PTP included the student's post-secondary goal of enlisting in the military after high school. The IEP team identified the student’s new annual goals as supporting the student’s progress toward attaining their post-secondary goal.
 
The district properly developed and implemented the IEP regarding post-secondary transition planning requirements.
 
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