IDEA Complaint Decision 22-021

On March 10, 2022, 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 issue is whether the district, during the 2021-22 school year, properly implemented the individualized education program (IEP) of a student with a disability.

School districts must provide a free appropriate public education (FAPE) to each student with a disability by developing a program that meets the student’s unique needs, documenting that program in the IEP, and implementing the program articulated in the IEP. The IEP must include a statement of the specially designed instruction, related services, and supplementary aids and services to be provided to the child, including the projected date for the beginning of the services and the anticipated duration of the services, which must be included in the IEP. All services must be clearly stated in the IEP in a manner that can be understood by all involved in the development and implementation of the IEP. 34 CFR §§ 300.320(a)(4) and (a)(7).

The complainant is concerned that the student’s supplementary aids and services, specially designed education and related services are not being implemented as outlined in the student’s IEP. Specific examples of the complainant’s concerns include aspects of the student’s therapy outlined in related services and the use of manipulatives during certain academic activities as outlined in the supplementary aids and services.

The department’s investigator interviewed staff responsible for implementing the IEP and reviewed documentation, including documents tracking the staff’s provision of services to the student. The district was able to demonstrate that all services in the student’s IEP are being provided as described in the IEP. The district presented documentation tracking the provision of the student’s specially designed instruction in math and reading, and therapy, with the amount and frequency described in the IEP. Additionally, district staff were able to clearly explain how they provide the student supplementary aids and services in the classroom. For example, staff explained when and how often the student receives breaks, where the student sits in the classroom, and how staff ensures the student’s other services are being provided. Based on the information provided, the district is implementing the student’s IEP as written.

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.