IDEA Complaint Decision 12-057

On November 6, 2012, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Southwestern Wisconsin School District. This is the department’s decision regarding that complaint. The issues are whether the district, beginning November 6, 2011, properly implemented the student’s behavioral intervention plan (BIP).

The student’s individualized education program (IEP) identified the student’s behavior as a special factor. When behavior is identified as a special factor, the IEP team must consider the use of positive behavior interventions and supports and other strategies to address the behavior. The student’s IEPs in effect during the 2011-12 school year included positive behavior interventions and supports to address the student’s behavior. In December 2011, a BIP identifying several positive supports and strategies, was developed with input from the parent and district staff. The district began implementing the BIP on December 13, 2011. With input from the parent and district staff, the student’s positive behavior interventions and supports were revised on May 17, 2012, and again revised on November 1, 2012. The student’s IEPs in effect during the 2012-13 school year included a BIP identifying several positive supports and strategies.

The parent states the district did not implement the student’s BIP because the district did not provide the student a candy incentive, starting in November 2011. However, a candy incentive was not a positive intervention or support in the 2011-12 or 2012-13 school years.

In October 2012, the student was disciplined for a violation of school rules and the athletic code relating to prohibited use of a cell phone during the school day. School staff, pursuant to school rules, attempted to confiscate the phone. When the student did not turn over the phone to school staff, school staff sent the student to the principal’s office. The principal requested the student turn over the phone, and explained the consequences if the student did not turn over the phone, and provided the student a ten to fifteen minute break, in accordance with the student’s BIP, to help the student focus and prevent inappropriate behavior. The district properly implemented the student’s BIP.   

This concludes our review of this complaint, which we are closing. You may contact Allison A. Markoski, Special Education Team, at (608) 266-3126 if you have any questions about this decision or for technical assistance.

//signed CST 1/7/2013
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support

Dec/aam

For questions about this information, contact Patricia Williams (608) 267-3720