IDEA Complaint Decision 25-046

On April 3, 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 responded to a request from the parent of a student with a disability for a special education reevaluation.

The purpose of a special education evaluation is to determine whether the student qualifies as a student with a disability in need of specially designed instruction and the nature and extent of the student’s educational needs. Referrals for evaluations must be in writing and include the student’s name and the reasons why the parent believes the student is a student with a disability. Upon receipt of a referral, the district must appoint an individualized education programs (IEP) team, and the IEP team must conduct a review of existing data to determine what additional data, if any, are needed to complete the evaluation. 34 CFR §§ 300.503(a)(1), 300.305(a); Wis. Stat. §§ 115.792(2), 115.782(2)(b). An IEP team meeting must be conducted to determine eligibility within 60 days after receiving parental consent for evaluation or notifying the parent that no additional assessments are needed. 34 CFR § 300.301(c); Wis. Stat. § 115.78(3)(a).

The subject of the complaint is a third grader who receives special education services for a speech disability. On August 27, 2024, the student’s parent requested in writing that the district conduct a reevaluation of the student due to concerns about the student’s language, anxiety, inability to focus, and impulse control at home and in the community. District staff initiated a reevaluation on September 5, 2024, documenting the parent’s “concerns regarding [the student’s] understanding of high-level concepts, inferencing, and overall pragmatic and social language” and concerns about “inattention…that is impacting [the student’s] thinking and organization.” Email correspondence between the parent and district staff indicates team members discussed limiting the reevaluation activities to those related to the student’s language and holding off on activities regarding inattention. On September 17, 2024, the district sent the parent a notice and request for consent to conduct assessment activities regarding the student’s language.

The IEP team convened on October 9, 2024, to discuss the results of the reevaluation and conduct the student’s annual IEP meeting. During the meeting, the student’s parent again raised concerns about the student’s inattention and its impact on their ability to learn and focus in the classroom. The student’s classroom teacher also reported the student needed additional reminders to pay attention and keep their hands to themselves during unstructured time. However, the IEP team did not take additional action to address the concerns at that time.

On January 29, 2025, the student’s parent met with district staff to discuss the student’s report card and continued concerns about the student’s attention difficulties. The district has a practice of administering screeners for Attention Deficit Hyperactivity Disorder (ADHD) and anxiety for any student upon request of their parent. District staff then administers the screener and provides the results to parents to share with their physician.

District staff interpreted the parent expressing concerns during the January 29, 2025, meeting as a request for an ADHD screener versus a special education reevaluation. District staff provided the student’s parent a “non-special education consent form” to administer the ADHD screener. The student’s parent indicated staff did not make clear that signing this consent form was not the same as providing consent for a special education reevaluation. The student’s parent contacted district staff on March 24, 2025, asking for clarification regarding the form they signed. After district staff explained that the consent form they signed was not for a special education reevaluation, the parent sent another request for a reevaluation in writing on March 25, 2025. The IEP team convened on May 14, 2025, and determined that while the student demonstrates some characteristics of inattention and anxiety, staff did not consistently observe these characteristics in the school setting. The team determined the student did not meet criteria for additional special education eligibility areas, and did not identify any additional areas of disability related need for the student as a result of this reevaluation.

The district did not properly respond to the parent’s original request for a special education reevaluation. When the parent requested a reevaluation in August 2024, district staff should have addressed all areas of the student’s suspected areas of disability related need rather than limiting the scope of the evaluation. The district further delayed the evaluation after the parent continued to express concerns by administering a non-special education screening process rather than conducting a comprehensive evaluation.

Given the unique circumstances of this case, no student specific corrective action is required. The district is directed to provide training to the special education and related services staff to ensure they understand how to appropriately and timely respond to parent’s requests for an evaluation. Within 30 days of this decision, the district is directed to submit to the department for approval a plan for delivering this training at the student’s school during the first month of the 2025-26 school year.

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 resolution options, 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.