On September 10, 2025, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parent) against the #### (district). This is the department’s decision regarding that complaint. The issues identified are whether the district, beginning September 10, 2024, properly developed and implemented the individualized education program (IEP) of a student with a disability regarding specialized transportation, and improperly utilized seclusion and/or physical restraint with the student.
Whether the district properly developed and implemented the IEP of a student with a disability regarding specialized transportation.
School districts must provide each student with a disability a free appropriate public education (FAPE) in the least restrictive environment. School districts meet their obligation to provide FAPE to each student with a disability, in part, by developing an IEP based on the student’s unique, disability-related needs that is reasonably calculated to enable the student to make progress appropriate in light of the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. 34 CFR §§ 300.320-300.324; Wis. Stat. § 115.78(2). Specialized transportation is considered a related service. The student’s IEP team determines, based on the student's unique, disability-related needs, whether the student needs specialized transportation and, if so, how specialized transportation services will be provided. 34 CFR § 300.107.
Several of the concerns raised by the student’s parent in the complaint related to events that occurred prior to September 10, 2024. These concerns were not investigated as they are beyond the timeline of this complaint. The issues raised by the student’s parent that were timely for this investigation include the parent’s concerns about the district changing the student’s assigned bus pick-up time, and the bus not waiting for the student before leaving the parent’s home.
The student’s IEP team met on April 18, 2024, and March 12, 2025. Both IEPs indicate that the student requires “Door-to-door” specialized transportation. The district indicated that the bus schedule is determined by the transportation provider and often changes from year to year due to students moving in and out of a school’s attendance area. The schedule may change during the year depending on a variety of factors, including student needs. While schedule adjustments sometimes create hardships for families, changing a student’s pick-up time does not equate to not properly implementing an IEP.
Both the parent and district staff agree that a student should be waiting outside for the bus five minutes prior to their assigned pick-up time. District staff acknowledged a bus left early without waiting for the student on February 4, 2025. They became aware of this issue when the parent notified the district. District staff contacted the transportation provider and learned that a substitute was driving on that day. District staff communicated with the provider to ensure that moving forward all bus drivers were aware of the correct protocol for picking up the student. Both the parent and district agreed that there were no further issues with transportation leaving early following this situation. While the parent insists that the bus left early on multiple occasions prior to February 4, 2025, they did not provide additional specific information regarding these occasions, and the district indicates that they are not aware of additional issues. Evidence collected during the investigation showed that following the single instance of the bus leaving early, the district successfully took steps to remedy it.
Finally, the parent notified the district that they would transport the student during the current school year and would let the district know if they wanted the district to begin transporting the student again, as required by the student’s IEP. District staff indicated that they followed up with the student’s parent and the district stands ready to provide transportation as written in the IEP. Based on the specific concerns raised by the parent, the district properly developed and implemented the IEP of a student with a disability regarding specialized transportation.
Whether the district improperly utilized seclusion and/or physical restraint with the student.
State law prohibits the use of seclusion and physical restraint by school staff unless a student's behavior presents a clear, present, and imminent risk to the physical safety of the student or others and is the least restrictive intervention feasible. Seclusion means the involuntary confinement of a student, apart from other students, in a room or area from which the student is physically prevented from leaving. Wis. Stats. §§ 118.305(2); 118.305(3). Physical restraint means a restriction that immobilizes or reduces the ability of a student to freely move their torso, arms, legs, or head. If physical restraint is used, the degree of force and the duration of the physical restraint may not exceed the degree and duration that are reasonable and necessary to resolve the clear, present, and imminent risk to the physical safety of the student or others. Physical restraint may only be used if there are no medical contraindications to its use. Wis. Stats. §§ 118.305(3). After each instance of seclusion or restraint, all individuals involved must meet to discuss the events preceding, during, and following the use of the seclusion or physical restraint. They must also discuss how to prevent the need for seclusion or physical restraint, including factors that may have contributed to the escalation of the student's behaviors; alternatives to physical restraint, such as de-escalation techniques and possible interventions; and other strategies that the school principal or designee determines are appropriate. Wis. Stat. § 118.305(4). After each instance of seclusion or restraint, no later than one business day after the incident, the district must notify the student's parent of the incident and, within three business days of the incident, send a written report to the student's parent containing the student's name, date, time, and the duration of the use of seclusion or physical restraint, a description of the incident, including a description of the actions of the pupil before, during, and after the incident, and the names and titles of the covered individuals and any law enforcement officers present during the incident. Wis. Stat. § 118.305(4). The second time that seclusion or physical restraint is used on a student with a disability within the same school year, the student's IEP team is required to convene as soon as possible after the incident but no later than 10 school days after the incident. The IEP team must review the IEP and, as needed, revise it to ensure it includes appropriate positive behavioral interventions and supports and other strategies to address the behavior of concern based on a functional behavioral assessment of that behavior. Wis. Stat. § 118.305(5).
The parent and district staff agreed that the student was restrained twice by district staff since September 10, 2024, due to the student eloping, which created a significant risk of harm to the student. Based on district submissions these restraints occurred on January 17, 2025, and April 11, 2025. Staff were properly trained and used permitted holds. The district took proper steps during and after these restraint incidents, including properly contacting parents and holding an IEP team meeting following the second incident. The district did not improperly utilize seclusion and/or physical restraint with the student.
This concludes our review of this complaint. This decision is final for the Individuals with Disabilities Education Act (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