WI State Performance Plan (SPP), Indicators #15 & #16, Dispute Resolution Options

IDEA State Complaint

Percent of signed written complaints with reports issued that were resolved within 60-day timeline or a timeline extended for exceptional circumstances with respect to a particular complaint, or because the parent (or individual or organization) and the public agency agree to extend the time to engage in mediation or other alternative means of dispute resolution, if available in the State.

Any individual or organization may file a complaint with the Department of Public Instruction if they believe a public agency has violated state or federal special education requirements. The department must investigate a complaint and issue a written decision within 60 days. DPI verifies all identified noncompliance is corrected within one year.

Due Process Hearing

Percent of adjudicated due process hearing requests that were adjudicated within the 45-day timeline or a timeline that is properly extended by the hearing officer at the request of either party or in the case of an expedited hearing, within the required timelines.

Indicator 15

Indicator 15: Percent of hearing requests that went to resolution sessions that were resolved through resolution session settlement agreements.

Either the parent, the adult student with a disability, or the school district has the right to request a due process hearing. Within 15 days of receiving notice of the hearing request, the LEA must convene a meeting with the parents/adult student and relevant members of the IEP team to attempt a resolution. DPI monitors the timeline to ensure compliance with the 15-day timeline. When a due process hearing is requested, the department, by contract with the Division of Hearings and Appeals, appoints an impartial hearing officer to conduct the hearing.

Indicator 16

Indicator 16: Percent of mediations held that resulted in mediation agreements.

The department offers mediation to parents and local education agencies as a voluntary initial process for the resolution of special education disputes. The Wisconsin Special Education Mediation System (WSEMS) is funded through a DPI discretionary grant. WSEMS offers mediation and facilitated IEP meetings at no cost to either party.

The department reports data on these indicators in the Annual Performance Report (APR) to the Office of Special Education Programs (OSEP) on February 1. For current information regarding Indicator #15 and Indicator #16 please review the APR.

Training and Technical Assistance

• Wisconsin Special Education Mediation System (WSEMS) website

For questions about IDEA State Complaints, Due Process Hearings, and Indicator 15, contact Patricia Williams 608-267-3720.
For questions about Indicator 16, contact Marge Resan 608-267-9158.