IDEA Complaint Decision 24-118

On October 16, 2024, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parent) against the #### (charter school). This is the department’s decision regarding that complaint. The issue is whether the charter school, since October 16, 2023, properly implemented special education discipline procedures.

 

Federal special education law provides additional requirements for students with disabilities involved in school disciplinary processes. A student who has not been determined to be eligible for special education and related services and who has engaged in behavior that violated a code of student conduct may assert any of the protections if the public agency had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred. 34 CFR § 300.534(a). The school is deemed to have such knowledge if, before the behavior occurred, the parent expressed concern in writing to supervisory or administrative personnel or a teacher of the student that the student is in need of special education and related services; the parent of the student requested a special education evaluation; or a teacher of the student, or another staff member, expressed specific concerns about a pattern of behavior demonstrated by the student directly to the special education director or other supervisory personnel. 34 CFR § 300.534(b).

A disciplinary change of placement occurs when the student's removal is for more than 10 consecutive school days or when a series of removals constitutes a pattern because the removals total more than 10 cumulative school days in a school year, the behavior is substantially similar to the behavior in previous incidents, and additional factors such as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another. 34 CFR §300.536(a). Under Wisconsin law, a student may be suspended for up to five school days for conduct that violates a district's code of student conduct. Within 10 school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the district must conduct a manifestation determination (MD). 34 CFR § 300.536. An MD is the process used to determine whether the behavior that resulted in the proposed disciplinary change of placement is a manifestation of the student's disability.

The student who is the subject of this complaint had not yet been identified as a student with a disability at the time the parent filed the complaint. On September 3, 2024, the student’s parent submitted a referral for a special education evaluation for the student. The referral noted concerns about the student’s academic performance as well as their social and emotional needs. The referral describes examples of the student engaging in a physical altercation, swearing, and eloping from the classroom. The charter school assigned an individualized education program (IEP) team to conduct the evaluation and sent the parent a notice of receipt of referral on September 19, 2024. The IEP team scheduled a meeting to review existing data and information about the student for September 20, 2024, but the student’s parent was unable to attend, and the meeting was rescheduled. On September 30, 2024, the IEP team, including the parent, met to review existing data and determined additional assessments were needed. On this date, the charter school sent the parent the Notice and Consent Regarding the Need to Conduct Additional Assessments. The charter school received the signed consent form from the parent on October 10, 2024.

On September 20, 2024, the student was involved in a physical altercation with another student and was issued a five-day suspension. Upon the student’s return to school, the student worked with another staff member to develop strategies to prevent future conflicts. On October 16, 2024, the student engaged in another physical altercation and the school assigned a second five-day suspension. On October 30, 2024, although not required, the IEP team decided to conduct a MD review. The parent was in attendance at the meeting. The IEP team determined the behavior was a manifestation of the student’s suspected disability. The parent was in agreement with this decision. The IEP team decided to conduct a functional behavioral assessment as part of the student’s initial special education evaluation. The IEP team met on December 6, 2024, and determined the student met initial criteria for Other Health Impairment and required specially designed instruction. The charter school properly implemented special education discipline procedures.

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.