On February 18, 2025 (form dated February 10, 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 developed and implemented the individualized education program (IEP) regarding positive behavior supports and improperly utilized seclusion and/or physical restraint with a student with a disability.
School districts must provide a free appropriate public education (FAPE) to each student with a disability by developing an IEP that meets the student's unique needs and by implementing special education and related services in accordance with the student's IEP. 34 CFR §§ 300.323(c)(2) & 300.324. In the case of a student whose behavior impedes the student's learning or that of others, districts must consider the use of positive behavioral interventions and supports and other strategies to address that behavior. 34 CFR § 300.324 (a)(2)(i). If a student displays inappropriate behavior despite having an IEP that includes behavioral supports, this may indicate that the behavioral supports in the IEP are not being appropriately implemented or are not appropriate for the student. It is critical that services and supports are designed to support the needs of children with disabilities and ensure FAPE are appropriately implemented to avoid an overreliance on or misuse of exclusionary discipline in response to a student’s behavior. In these situations, the IEP team would need to meet to review whether the supports and services are being implemented or whether the supports and services are effective and revise the IEP accordingly. The IEP team should also consider whether a functional behavioral assessment (FBA) is necessary to better understand the function of the student's behavior. Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions, U.S. Department of Education Office of Special Education and Rehabilitative Services, July 19, 2022.
State law prohibits the use of seclusion and physical restraint by school staff unless a student's behavior presents a clear, present, and imminent risk to the physical safety of the student or others and is the least restrictive intervention feasible. Seclusion means the involuntary confinement of a student, apart from other students, in a room or area from which the student is physically prevented from leaving. Wis. Stats. §§ 118.305(2); 118.305(3). Physical restraint means a restriction that immobilizes or reduces the ability of a student to freely move their torso, arms, legs, or head. If physical restraint is used, the degree of force and the duration of the physical restraint may not exceed the degree and duration that are reasonable and necessary to resolve the clear, present, and imminent risk to the physical safety of the student or others. Physical restraint may only be used if there are no medical contraindications to its use. Wis. Stats. §§ 118.305(3). After each instance of seclusion or restraint, all individuals involved must meet to discuss the events preceding, during, and following the use of the seclusion or physical restraint. They must also discuss how to prevent the need for seclusion or physical restraint, including factors that may have contributed to the escalation of the student's behaviors; alternatives to physical restraint, such as de-escalation techniques and possible interventions; and other strategies that the school principal or designee determines are appropriate. Wis. Stat. § 118.305(4)(a). After each instance of seclusion or restraint, no later than one business day after the incident, the district must notify the student's parent of the incident and, within three business days of the incident, send a written report to the student's parent containing the student's name, the date, time, and duration of the use of seclusion or physical restraint, a description of the incident, including a description of the actions of the pupil before, during, and after the incident, and the names and titles of the covered individuals and any law enforcement officers present during the incident. Wis. Stat. § 118.305(4). This report must be retained by the school principal or his or her designee and should be sent to the student’s parent by First class mail, electronic transmission, or hand delivered. The second time that seclusion or physical restraint is used on a student with a disability within the same school year, the student's IEP team is required to convene as soon as possible after the incident but no later than ten school days after the incident. The IEP team must review the IEP and, as needed, revise it to ensure it includes appropriate positive behavioral interventions and supports and other strategies to address the behavior of concern based on an FBA of that behavior. Wis. Stat. § 118.305(5).
During the first part of the 2024-25 school year, the student attended school in the district through Wisconsin’s public school open enrollment program. The student stopped attending school in the district on February 10, 2025. During the time of this complaint, the student had in effect IEPs developed at IEP team meetings on March 20, 2024, and February 10, 2025. During the March 20, 2024, IEP meeting, the team reviewed common triggers which lead to the student’s behaviors and developed supports to address these behaviors. These positive behavior supports included positive redirection, access to a behavior chart, breaks, instructional aide support, access to a trusted adult, transitioning with a trusted adult, and access to a separate quiet space. The district staff and the parent agree that staff regularly communicated with the parent about the student’s behaviors and steps that were taken to meet the student’s needs. The district properly developed and implemented the student’s IEP regarding positive behavior supports.
There were five incidents of seclusion and one of restraint involving the student while they were enrolled in the district during the 2024-25 school year. The parent raised an additional concern regarding a restraint involving an administrator and teacher interacting with the student. However, this alleged incident occurred during the 2023-24 school year, which is beyond the timeline for this complaint and was not considered in this investigation. Interviews with the parent and staff, and review of documentation provided by the school, demonstrate that the incidents of seclusion and restraint were used when there was an imminent safety risk. The district also held a debriefing session with staff after each incident and provided the student’s parent a written report in a timely manner after each incident. However, after the second incident of seclusion that occurred on November 6, 2024, the district did not convene the required IEP team meeting to ensure the student’s IEP contained appropriate positive behavioral interventions and supports. In this regard, the district did not follow all requirements regarding the use of seclusion and/physical restraint.
Within 30 days of the date of this decision, the district must develop and submit to the department for approval a corrective action plan. This plan must include a process for ensuring staff understand the requirements of seclusion and restraint, specifically the requirement to hold an IEP team meeting following the second incident with a student during the school year to review the IEP to ensure the appropriateness of positive behavioral interventions, and if necessary, revise it.
All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. 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