IDEA Complaint Decision 25-133

On September 23, 2025 (form dated September 2, 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 issues are whether the district, beginning September 23, 2024, properly implemented the individualized education programs (IEPs) of two students (Student A and Student B) with disabilities regarding supplementary aids and services.

 

School districts meet their obligation to provide a free appropriate public education (FAPE) to each student with a disability, in part, by developing a program based on the student’s unique, disability-related needs that are reasonably calculated to enable the student to make progress appropriate considering the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. Each student’s IEP must address the student's needs that result from the student's disability to enable the student to be involved and make appropriate progress in the general education curriculum and toward their IEP goals and meet the student's other educational needs that result from the student's disability. The IEP must include a statement of the special education services to be provided to the student. 34 CFR §§ 300.320(a), 300.324(a), including the supplementary aids and services to be provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable the student to be educated with nondisabled children to the maximum extent appropriate. The IEP must be written in a manner that clearly describes the school district’s commitment of resources to the parent, and all involved in developing and implementing the IEP. IEPs must be implemented as written. 34 CFR § 300.323; Wis. Stat. § 115.787.

Whether the district properly implemented Student A’s IEP regarding supplementary aids and services.

Student A was in eleventh grade during the 2024-25 school year. Student A’s disability adversely impacts their reading comprehension and causes them to have increased distractibility. The IEP in effect for Student A on September 23, 2024, included an extensive list of supplementary aids and services to assist the student to make progress in the general curriculum, including paraprofessional supports in some classes, testing accommodations, provisions to allow corrections on quizzes and tests, accommodations related to giving directions, and collaboration between special education staff with regular education teachers when essays are assigned to ensure appropriate accommodations could be provided to the student.

 

During department interviews, district staff confirmed implementation of most supports but acknowledged that accommodations for essays as described in the IEP did not occur. Student A’s IEP team met to conduct a reevaluation and develop the student’s annual IEP on November 12, 2024. The IEP team discussed that the student completed most but not all components of both of their annual goals. While Student A’s class grades were lower than some team members had hoped, including in English, the student was making sufficient progress and earning credits toward graduation. The IEP team removed several supplementary aids and services, including essay accommodations, and paraprofessional support. The IEP team believed that Student A’s progress was sufficient that these supports were no longer necessary. Student A’s IEP team held its next annual meeting on October 28, 2025. The team determined Student A met annual goals and discussed the student’s struggles with grades, graduation concerns, and developed a plan to make up missing work.

 

The district did not properly implement Student A’s IEP regarding supplementary aids and services. The IEP team’s actions taken prior to date have sufficiently addressed the errors. No further corrective action is required.

 

Whether the district properly implemented Student B’s IEP regarding supplementary aids and services.

 

Student B was in tenth grade during the 2024-25 school year. Student B’s disability adversely impacted their reading comprehension and organizational skills. The IEP in effect for Student B on September 23, 2024, included an extensive list of supplementary aids and services to allow them to make progress in the general curriculum, including testing accommodations, corrections allowed on quizzes for full credit, extra time on assignments, additional staff support in some classes, and collaboration between special education staff with regular education teachers when essays are assigned to ensure appropriate accommodations could be provided to the student.

 

The district demonstrated implementation of most supports. However, during department interviews, district staff acknowledged that accommodations for essays as described in the IEP did not occur. District staff also acknowledged that staff on at least two occasions mistakenly applied the district’s standard corrections policy to deny Student B’s attempts to revise incorrect answers. The district was able to verify that it allowed Student B to make corrections and revised the score on the quiz in accordance with the student’s IEP. Student B’s IEP team met to conduct its annual meeting on April 23, 2025, and determined that the student had not met either of their annual goals. The IEP team discussed Student B’s avoidance of academic tasks and tensions between some teachers and the student. Since the annual meeting, Student B has made expected progress in reading comprehension but has not made expected progress on a new algebra goal. Student B has continued to avoid some academic tasks.

 

The district did not properly implement Student B’s IEP regarding supplementary aids and services. Within 30 days of this decision, the district shall convene Student B’s IEP team to discuss the student’s disability-related needs and determine if compensatory services are required to make up missed progress. The district shall provide the department with documentation of the IEP team’s determination within 10 days of the meeting.

 

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.