IDEA Complaint Decision 23-051

On May 12, 2023 (letter dated May 10, 2023), 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 2022-23 school year, properly implemented the individualized education program (IEP) for a student with a disability regarding speech and language therapy services.

School districts must provide each student with a disability with a free, appropriate public education (FAPE) in the least restrictive environment. School districts meet their obligation to provide a FAPE to each student with a disability, in part, by implementing each student's IEP. 34 CFR §§300.323(c)(2) & 300.324. The IEP must include a statement of the special education, 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. 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 student’s IEP developed on March 7, 2023, indicates that the student receives specially designed instruction for speech and language therapy “1 time per week for 3 out of 4 weeks” for 25 minutes in the special education environment. On April 17, 2023, the parent contacted the district with concerns about speech and language services delivery. Following the conversation, the district acknowledges they directed a speech and language pathologist to stop providing services to the student. On May 3, 2023, the speech and language services resumed following a conversation between district staff and the parent. The student missed sessions on April 20 and 27, 2023, for a total of 50 minutes. The district provided documentation that the student received an additional five minutes of speech and language services on May 4, 2023, 35 minutes on May 11, 2023, and 10 minutes on May 18, 2023, for a total of 50 additional minutes to compensate for the two missed days.

While the district did not implement this specific service on two occasions, the student has already received compensatory services for the missed services. Due to the unique nature of these circumstances and because the IEP is currently being implemented, no corrective action is required.

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.