On June 11, 2025 (form dated June 10, 2025), the Department of Public Instruction (department) received a from #### (complainant) against the #### (district). This is the department’s decision regarding that complaint. The issues identified are whether the district, beginning June 11, 2024, properly considered the results of an Independent Educational Evaluation (IEE) and properly conducted a special education evaluation.
During the 2023-24 school year, the district conducted an initial special education evaluation of the student who is the subject of this complaint. The Individualized Education Program (IEP) team that conducted the evaluation determined the student did not qualify to receive special education services. The student’s parents disagreed with this determination.
The parent emailed a request to the district for another evaluation on August 30, 2024. The district sent the parents a notice of receipt of referral on September 10, 2024. The parent and staff met to review existing data on September 23, 2024, and again on October 11, 2024, when they considered academic scores, medical information, intervention data, behavioral referrals, and the information from an Independent Educational Evaluation (IEE) the parent had obtained at private expense. After taking into account all of the information, the IEP team agreed additional assessments and observations were needed to determine eligibility. The district sent the parent a notice that additional evaluation information was needed and a request for written consent to begin conducting assessments on October 11, 2024.
The parent, the parent’s advocate, and district staff exchanged emails between October 15 and 17, 2024, about the proposed assessments. Based on these communications, the district sent an updated notice that additional evaluation information was needed and a request for written consent to conduct additional assessments on October 18, 2024. On October 22, 2024, the district contacted the parent because they had not received the parent’s consent to conduct the assessments.
The parent again emailed district staff on November 5, 2024, asking additional questions about assessments related to executive functioning, speech, and sensory processing and how they related to the information that the parent had already obtained as part of the student’s IEE. The staff responded on November 10, 2024, clarifying in great detail which tests would be used for the student and whether or not previous information that had been conducted as part of the IEE could be used. Following this communication, the district did not receive signed consent to begin administering assessments.
The parent reached out to district staff again on February 3, 2025, requesting information about the assessments and their results. District staff responded by reminding the parent that the district had not received their written consent to begin conducting assessments. Staff also asked if the parent would like another copy of the consent form. On February 18, 2025, the parent met with the staff to discuss the next steps required to complete the evaluation. Following the meeting, the district did not receive written consent to begin assessments. Staff followed up with the parent again on March 21, 2025 and April 4, 2025. On April 8, 2025, the parent emailed the principal stating a desire to discontinue the special education evaluation process.
Whether the district properly considered the results of an IEE.
An IEE is a comprehensive assessment conducted by a qualified professional who is not employed by the child's school district. A parent-initiated IEE may be either at the expense of the student's parents or at public expense (at no cost to the parents). Parents can share information from an IEE obtained at the parents’ expense. School districts are not required to carry out the IEE recommendations. However, districts must consider the results of the IEE in any eligibility, program planning, and placement decisions about providing a free appropriate public education to the student. At a minimum, the Local Educational Agency (LEA) should ensure that an IEP team reviews the IEE and discusses the results. 34 CFR § 300.502 (c), Wisconsin Department of Public Instruction Information Update Bulletin 99.02.
After the student’s parent requested an evaluation in August 2024, the parent provided the district information from an IEE they had obtained privately. The IEP team included the IEE as part of the IEP team’s review of existing data in September 2024 and October 2024. The student’s parents participated in the review on September 22, 2024, and October 11, 2024. Additionally, the district responded to follow up questions from the parent and their advocate about the assessments after the initial review of existing data and revised the notice of assessments and request for consent as a result. Although the district considered the results of the IEE during the review of existing data meetings, it was the intention of the IEP team to review the results of the IEE again during the special education evaluation meeting. As such, as noted later in this decision, the special education evaluation meeting did not take place. The district properly considered the results of the parent’s privately obtained IEE.
Whether the district properly conducted a special education evaluation.
Upon receiving a referral for an evaluation, school districts must convene an IEP team including the student’s parent. Within 15 business days of the LEA’s receipt of the referral, the IEP team, including the student's parent, must conduct a review of existing data to determine the need for additional information to complete the evaluation, including information from assessment or other evaluation activities. 34 CFR §§ 300.300-300.305; Wis. Stat. § 115.777(3)(e). 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 LEA shall conduct a meeting to develop an IEP and determine a placement within 30 days of a determination that a student is a child with a disability. Wis. Stat. § 115.78(3)(c).
The district appropriately and timely followed all steps required to conduct a special education evaluation up to the point of requesting the parent’s consent to administer additional assessments. Since the parent did not provide their consent to conduct additional assessment, despite reminders from the district to do so, the district was unable to proceed further with the special education evaluation without the parent’s consent. Given the circumstances, the district took all reasonable steps toward conducting the special education evaluation.
This concludes our review of this complaint. This decision is final for the Individuals with Disabilities Education Act (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