IDEA Complaint Decision 25-126

On September 15, 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 2025-26 school year, properly implemented the individualized education programs (IEPs) of students with disabilities in 4K and 5K regarding specially designed instruction and

paraprofessional support.

 

School districts must provide each student with a disability a free, appropriate public education in the least restrictive environment. School districts meet their obligation to provide a FAPE to each student with a disability, in part, by implementing each student's IEP. 34 CFR §§ 300.323(c)(2) & 300.324. The IEP must include a statement of the special education, related services, and supplementary aids and services to be provided to the child, including the projected date for the beginning of the services and the anticipated duration of the services. All services must be clearly stated in the IEP in a manner that can be understood by all involved in the development and implementation of the IEP. 34 CFR §§ 300.320(a)(4) and (a)(7). The district must ensure that the student's IEP is accessible to each regular education teacher, special education teacher, related services provider, and any other service provider who is responsible for its implementation and that they are informed of their specific responsibilities. 34 CFR § 300.323(d).

 

The complainant was a special education teacher employed by the district, whose responsibility was to provide specially designed instruction to special education students in two 4K classrooms, and in two 5K classrooms. The teacher had a total of 15 students on their caseload. The classrooms were structured so that each of the 4K classrooms had two paraprofessionals, one special education paraprofessional and one general education paraprofessional, and a general education classroom teacher. The 5K classrooms had a general education teacher in each classroom and a special education paraprofessional that was shared with other classrooms. An additional regular education paraprofessional was hired on September 12, 2025. The special education teacher’s role was to move between the classrooms providing services per the student’s IEPs. The district also arranged for the complainant to receive support from the former special education teacher, as well as to receive support from the early childhood education teachers who had previously worked with the students. The teacher worked in the district from September 2, 2025 until September 11, 2025, when the teacher resigned from the position. The teacher was also absent from school one day during their employment with the district.

 

None of the students’ IEPs required one-on-one adult support, although some required adult support for redirection and for providing visual and verbal cues. Classroom staff were able to meet these requirements as required by the students’ IEPs. The district acknowledges, however, that the complainant did not provide all of the specially designed instruction during their brief tenure, and that it has been difficult to hire a replacement. The district is using substitutes and has reassigned a teacher from another classroom to provide the specially designed instruction until a new teacher can be hired. The district is tracking all of the compensatory services owed, has notified the families, and will provide the compensatory services required which will include providing services over the summer. The district must submit to the department a copy of the tracking sheet, and documentation demonstrating that the compensatory services for each student have been provided once they have been completed. No further corrective action is required.

 

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 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.