On May 20, 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 issues identified are whether the district, beginning in the 2024-25 school year, properly responded to allegations of bullying regarding a student with a disability.
School districts have an obligation to ensure a student with a disability who is the target of bullying behavior continues to receive a FAPE in accordance with their individualized education program (IEP). The school should, as part of its appropriate response to the bullying, convene the student's IEP team to determine whether, as a result of the effects of bullying, the student's needs have changed such that the IEP is no longer designed to provide meaningful educational benefit. 34 CFR § 300.323; Wis. Stat. §§ 115.787 and 115.78(2)(c), OSEP Dear Colleague Letter on Bullying, August 20, 2013.
The student who is the subject of this complaint has an IEP and attends high school in the district. The student has a disability related need in the area of executive functioning, and the student receives specially designed instruction in that area. The parent’s complaint focused on the district’s response to an incident that occurred on May 7, 2025, when another student physically assaulted the student in their classroom. The parent noted in the complaint that the student has felt unsafe in the school environment since the incident.
The school administrator, who investigated the May 7, 2025, incident, told the department’s investigator they were called to the classroom by radio following an incident between two students. The administrator took the students to the office to hear their accounts of the incident. The principal noted the student who committed the assault was upset with the student regarding content they shared on social media. The administrator was not aware of any prior issues between the two students.
In a meeting with the parent and student the day after the incident, the administrator offered additional supports for the student, including a special pass to enable them to go to the office at any time and the ability to leave class early to avoid hallway interactions with the other student. In a letter dated May 13, 2025, the administrator described these supports, and additionally mentioned that a staff member would accompany the student to classes and to the parent’s car at the end of the day. Staff also created an online chat to enable the student to contact their support team at any time.
District staff confirmed that the altercation on May 7, 2025, was a one-time incident. The incident did not interfere with the student’s ability to access their education as the services provided to the student were effective in preventing another incident. District staff reasonably did not consider this one-time incident to fall under the district bullying policy and were not obligated to convene the student’s IEP team in response. No subsequent incidents have occurred. The district properly responded to the May 7, 2025, incident involving the student.
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