IDEA Complaint Decision 25-055

On April 24, 2025 (form dated April 23, 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 that complaint. The issue is whether the district, beginning April 24, 2024, properly conducted a special education 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). 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 parent requested an evaluation in August 2024. The district assigned an IEP team, conducted a timely and complete review of existing information and data about the student, and requested consent to conduct additional assessments as part of the evaluation. The student’s parent provided written consent to conduct the assessments in early September 2024. District staff conducted the assessments, and the team met to complete the evaluation on October 29, 2024. The evaluation meeting included the student’s parents, appropriate district representatives, and a private clinical psychologist. District staff shared the information they gathered through additional assessments. The private clinical psychologist also provided information about the student. The IEP team appropriately considered all information and documented their discussions in the evaluation report. The IEP team determined that the student was not eligible for special education at that time. Based on the department’s review of submitted documentation and interviews, the IEP team came to a reasonable conclusion. The district properly conducted a special education 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) 2661781.