On September 23, 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 issue is whether the district, beginning September 23, 2025, properly followed special education disciplinary procedures.
A disciplinary change of placement occurs when a student with a disability is removed from school for more than 10 consecutive school days or when a series of removals constitutes a pattern. Expulsion always constitutes a disciplinary change of placement. When a student with a disability is subject to a potential disciplinary change of placement, the district must determine whether the student’s conduct is a manifestation of the student’s disability within 10 school days of the decision to change placement. 34 CFR § 300.536. The district, the parent, and relevant members of the student's individualized education program (IEP) team must review all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents to determine if the conduct in question was caused by, or had a direct and substantial relationship to, the student's disability, or if the conduct in question was the direct result of the district's failure to implement the IEP. 34 CFR § 300.530(e). If the conduct is determined to be a manifestation of the student's disability, the district may not proceed with the disciplinary change of placement, and the student’s IEP team must address the behavior by either conducting a functional behavioral assessment (FAB) and implementing a behavior intervention plan (BIP) for the student or, if a one has already been developed, reviewing and modifying it as necessary. 34 CFR § 300.530(f)(1). The student must be returned to the placement from which the student was removed unless the parent and the district agree to a change of placement as part of the modification of the student's BIP or in exceptional circumstances not applicable in this case. 34 CFR § 300.530(f)(2).
The subject of the complaint is an eighth grade student who receives special education services under the disability category of other health impairment. At the beginning of the 2024-25 school year, the student attended a residential care center and later transitioned to the district’s Alternative Learning Center (ALC) attending five days per week for four hours per day. The IEP team planned to add additional time to the student’s schedule, including afternoons at the middle school, beginning in January 2025. The team convened to add the additional afternoon time at the student’s annual IEP meeting on February 20, 2025.
On May 13, 2025, the IEP team held a review and revise meeting. At this time, the student continued to attend the ALC in the morning and the middle school in the afternoon. The team determined the student would return to the middle school full-time beginning in fall of 2025.
On May 14, 2025, the district learned of a disciplinary issue that occurred May 10, 2025. As a result of the discipline issue, the district sent a letter to the family on May 20, 2025, notifying them of a scheduled expulsion meeting on June 2, 2025, and a scheduled manifestation determination meeting on May 29, 2025.
On May 23, 2025, prior to the scheduled manifestation determination meeting, the student and student’s family were provided with the option of signing an expulsion abeyance agreement in lieu of the district proceeding with expulsion. The student and family signed the abeyance agreement. As a result, the district did not proceed with the manifestation determination or with the expulsion process and the student returned to the ALC.
The district should have conducted the manifestation determination prior to offering the student and family an expulsion abeyance agreement. If the team found the behavior was a manifestation of the student’s disability, the district would not have been able to proceed with either the offer of an expulsion abeyance agreement or expulsion process. The district did not properly follow special education disciplinary procedures.
The IEP team convened May 29, 2025, to review and revise the student’s IEP. The IEP team determined the student would continue half days at the ALC and three periods at the middle school and not return full-time to the middle school in fall of 2025. The parent agreed that the student would benefit from continued placement at the ALC instead of transitioning back to the middle school full-time.
The circumstances of this situation are very unique, and since the district did not proceed with expulsion and the student’s parent agreed with the changes to the student’s placement, no additional student specific corrective action is required at this time. Within 30 days of this decision, the district is directed to develop a corrective action plan to review and if necessary, revise its policies and procedures about when it is necessary to conduct manifestation determinations. The corrective action plan must include steps to ensure all district staff who handle disciplinary matters are trained on special education disciplinary requirements. The district must submit their corrective action plan to the department for review and approval before its implementation.
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