IDEA Complaint Decision 23-109

On December 5, 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 this complaint. The issue identified is whether the district, beginning December 5, 2022, properly provided a free, appropriate public education to a student with a disability.

 

School districts are required under state and federal special education law to locate, identify, and evaluate all resident students with disabilities who have not graduated from high school. 34 CFR § 300.111. Residency for purposes of elementary and secondary education is not defined in Wisconsin statutes, except under limited circumstances not applicable here. The Wisconsin Supreme Court first addressed the definition of residency for this purpose in State Ex Rel. School-District Board V. Thayer, State Superintendent, 74 Wis. 48, 41 N.W. 1014. (1889). (Thayer). Under Thayer, a child is a resident of the district where he or she lives, regardless of where his or her parent lives, unless the child is there “for the sole purpose of having the privileges of the public school of the district to which he may be transferred.”

 

The dispute in this complaint stems from a unique and difficult situation involving a student, who historically resided in #### (District), and for several years attended school in the School District through Wisconsin’s inter-district public school open enrollment program. During the fall semester of the 2022-23 school year, the student was placed by county officials at a residential care center (RCC) located in another part of the state. The #### (District) ended the student’s open enrollment and provided written notice to the student’s parent and the #### District. Whether it was proper for #### (District) to terminate the student’s open enrollment while the student was placed at the RCC occurred outside of the one-year time limit for special education complaints, and therefore it is not addressed in this decision.

 

The student eloped from the RCC in January 2023, and has been missing since that time. The student’s case remains under investigation by law enforcement. The student’s location remains unknown, but the #### (District) has made efforts to locate the student and confirmed that the student is not residing in its district boundaries. Since the student’s location and residence remains unknown, the #### (District) cannot be held responsible for providing the student a free, appropriate public education.

 

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.