IDEA Complaint Decision 25-067

On May 23, 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 identified are whether the district, beginning May 23, 2024, properly responded to the request of a parent for special education evaluations for two students and properly followed special education disciplinary procedures.

 

A school district must ensure that an evaluation of a student with a disability is conducted if the student’s parent requests an evaluation. 34 CFR § 300.301(b). Evaluations must be completed within 60 days of the date the parent provides consent for the evaluation. 34 CFR § 300.301(c).

 

The students’ parent requested special education evaluations for both students, who are siblings, on May 20, 2025. The students’ parent provided signed consent to evaluate Student A on May 28, 2025. Student A’s individualized education program (IEP) team met on June 17, 2025, and determined the student met the eligibility criteria for other health impairment, but did not demonstrate a need for specially designed instruction.

 

The students’ parent provided consent to evaluate Student B on May 28, 2025. Student B’s IEP team met on June 17, 2025, and determined the student met the eligibility criteria for other health impairment and demonstrated a need for specially designed instruction and was eligible for special education. In completing the evaluations of Student A and Student B within 60 days of receiving the parent’s consent, the district properly responded to the parent’s requests.

 

Federal special education law provides protections for students with disabilities who are subject to disciplinary changes in placement. A disciplinary change of placement occurs under specific circumstances, including when a district removes a student with a disability from school for more than 10 consecutive school days. 34 CFR §300.536(a). Expulsion is always considered a disciplinary change in placement. Within 10 school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the district must conduct a manifestation determination. 34 CFR §300.530, 34 CFR § 300.536. These discipline protections may apply to a student who has not yet been determined Individuals with Disabilities Education Act (IDEA) eligible if the district had knowledge that the student was a student with a disability before the behavior that gave rise to the disciplinary change of placement occurred because the parent had expressed in writing the parent believed the student had a disability and was in need of special education, the parent had requested an IDEA evaluation, or a teacher had expressed concerns about a pattern of behavior to school officials. 34 CFR § 300.354.

 

Student B engaged in conduct in violation of the student code of conduct, and on May 16, 2025, the district notified the student’s parents that the student would not be able to return to school for the remainder of the school year. At this time, the student was not IDEA eligible and the district did not have knowledge that Student B may have been a student with a disability as defined above. After the district received the parent’s May 20, 2025, request to evaluate Student B, the district put expulsion proceedings on hold pending the outcome of the evaluation and potential manifestation determination. Scheduling of a manifestation determination is pending as of the date of this decision. The district properly followed special education disciplinary procedures.

 

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.