On August 7, 2025, 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 2024-25 school year, properly fulfilled its responsibility to identify, locate, and evaluate a student suspected of having a disability.
School districts must ensure that all children with disabilities residing in the district who need special education and related services are identified, located, and evaluated. 34 CFR § 300.111(a). This responsibility is often referred to as “child find” and it is an affirmative duty. School districts may not take a passive approach and wait for others, including parents, to refer students. A licensed staff member employed by a local educational agency who reasonably believes a student has a disability must make a special education referral. Wis. Stat. § 115.777(1)(b). The district must accept and process all referrals for evaluations that are submitted. Wis. Stat. § 115.777(3). If a parent’s request is ambiguous, districts must clarify with the parent whether the parent is requesting a special education evaluation and provide information on how to submit a written referral.
The student who is the subject of this complaint is a high school junior. According to interviews with district staff and submitted documentation, the student was only enrolled in the district for the first two weeks of the 2024-25 school year. During that two-week period, district records indicate the student never attended school and was homeschooled throughout the remainder of the 2024-25 school year. The district has no record of receiving a referral for an evaluation regarding the student. At this time, staff indicated that since receiving this complaint, the district has initiated a referral and has communicated with the student’s parent to begin the evaluation process. Additionally, the district submitted documentation showing that they are in compliance with their responsibilities, including proper documentation related to identifying, locating, and evaluating students who are suspected of having disabilities. The district properly fulfilled its responsibility to identify, locate, and evaluate a student suspected of having a disability.
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.
All noncompliance identified above must be corrected as soon as possible but in no case, more than one year from the date of this decision. 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.
For questions about this information, contact dpispeddata@dpi.wi.gov (608) 266-1781