IDEA Complaint Decision 25-093

On June 18, 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 are whether the district, during the 2024-25 school year, properly developed the Individualized Education Program (IEP) of a student with a disability regarding specially designed instruction in the area of speech and language and properly conducted a meeting of the student’s IEP team including all required participants.

 

Each student’s IEP must contain a statement of special education to be provided to the student that will enable the student to advance appropriately toward attaining the student’s annual IEP goals, to make progress in the general curriculum, and to be educated and participate with nondisabled children in regular classes. 34 CFR § 300.320(a)(4).

 

The student’s IEP team made its initial determination that the student is eligible for services under the Individuals with Disabilities Education Act (IDEA) on February 12, 2025, when the student was three and a half years old. The student’s IEP team determined the student’s sole disability related need was in the area of speech and sound production. The team discussed whether the student’s needs would best be met by providing services in the student’s childcare setting or at the district’s phonology program operated at the school. The students who participated in the phonology program attended school two days per week, for two and a half hours per day. All of the students who were in the phonology program are IDEA-eligible and have IEPs that identify speech and language as a disability related need. The program was staffed by special educators and involved a variety of activities including play, snacks, school readiness activities, and the provision of speech therapy. The IEP team determined the student would participate in the phonology program, and that staff would provide the student with 90 minutes of speech therapy per week. However, the student’s IEP indicated that the district would provide speech therapy two times per week for 90 minutes. This was a clerical error, and in fact, the student was provided 90 minutes per week total of speech therapy. The student made adequate progress toward attaining their annual goal.

 

The district made the determination that it would end the phonology program at the close of the 2024-25 school year. Districts have authority and discretion to what instructional programs and models they will provide, while ensuring that a full continuum of placement options is available for students with disabilities. The IEP team is responsible for determining the student's disability related needs and to develop a program to meet those needs, including appropriate services, and how those services will be delivered in the least restrictive environment and manner. In light of its decision to end the phonology program, the district convened IEP meetings for all participating students to discuss how their individualized services would be provided in other settings. The student’s IEP team met on June 11, 2025. At the IEP team meeting the parent expressed concerns that the district did not have evidence to support the elimination of the phonology program, and that ending the program meant the student was having speech and language services inappropriately reduced. Given the parent’s concerns, the IEP team did not finalize a determination of the frequency and amount of the student’s speech and language therapy or the physical placement of the student. The district and parents are in the process of scheduling an IEP meeting to finalize these aspects of the student’s IEP. The district properly developed the student’s IEP.

 

Each student’s IEP team must include a regular education teacher of the student if the student is or may be participating in the regular education environment. 34 CFR § 300.321(a)(2). A regular education teacher did not attend the June 11, 2025, IEP team meeting. However, at that time the student was not participating in the regular education environment, and the student will not be age-eligible for the district’s 4K regular education program for the 2025-26 school year. As such, the student will not be participating in the regular education environment in the near future. The district properly included all required participants in the June 11, 2025, IEP team meeting.

 

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.