IDEA Complaint Decision 23-093

On October 25, 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, beginning October 25, 2022, properly implemented the individualized education program (IEP) of a student with a disability using appropriately licensed staff.

 

Each school board must ensure every teacher, aide, or other professional staff holds a valid certificate, license, or permit issued by the department for the position for which the individual is employed. Special education services must be provided by properly licensed special education teachers. 34 CFR § 300.156; Wis. Stats § 118.19; Wis. Admin. Code § PI 34.

 

The student participates in the district’s 4K program. The student’s IEP in effect during the period relevant to this complaint was developed on February 27, 2023, and specifies that the student will receive specially designed instruction in functional skills 60 minutes per school day in the regular education environment during the 2023-24 school year. Since the beginning of the 2023-24 school year, the district has employed four individuals as short-term special education teachers to provide the specially designed instruction specified in the student’s IEP. According to the department’s teacher licensing records each of these individuals is appropriately licensed to perform the duties assigned. The district has also assigned a special education program support teacher to provide support, coaching, and compliance monitoring of services for the teachers. The program support teacher is present in the student’s classroom at least weekly. The district’s efforts to recruit a permanent special educator are ongoing. The district appropriately implemented the student’s IEP using appropriately licensed staff.

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.