Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Wisconsin: What Parents Need to Know

Q: What is Wisconsin's dispute resolution process?

Wisconsin offers state complaints filed with the Department of Public Instruction (DPI), mediation, and due process hearings. State complaints must be filed within one year of the alleged violation and DPI must respond within 60 calendar days.

Wisconsin follows IDEA with its own state rules. Here's what families need to know about timelines, complaint procedures, and where to get help.

Meghan Moore, BCBA, M.A. Special Education

Wisconsin Special Education Overview

Special education in Wisconsin is governed by IDEA and Wisconsin statutes (Chapter 115, Subchapter V) and administrative rules (Wisconsin Administrative Code Chapter PI 11). The Wisconsin Department of Public Instruction (DPI) oversees compliance through its Division for Learning Support.

Evaluation Timelines

Wisconsin must complete the initial special education evaluation within 60 days of receiving parental consent. After the evaluation is complete, the IEP team must meet and develop the IEP within 30 days. Services must begin as soon as the IEP is in place.

IEP Development and Review

IEPs must be reviewed at least annually. Reevaluations are required at least every three years. Wisconsin requires that parents receive a copy of the IEP. The IEP team must include parents, the student when appropriate, at least one general education teacher, a special education teacher, and a school representative with authority over resources.

Dispute Resolution in Wisconsin

State Complaints

State complaints are filed with the Wisconsin Department of Public Instruction, Division for Learning Support. Complaints must be filed within one year of the alleged violation. DPI must investigate and issue a decision within 60 calendar days.

Contact: DPI Division for Learning Support
Phone: 608-266-1781
Website: dpi.wi.gov/sped

Mediation

Voluntary mediation is available at no cost to parents through a DPI-coordinated system. Mediation is confidential and any agreement is legally binding.

Due Process

Due process hearings in Wisconsin are conducted by independent hearing officers. Either parent or district can file. Wisconsin follows the federal IDEA two-year statute of limitations. There is a 30-day resolution period after filing before the hearing proceeds.

Wisconsin-Specific Resources

Wisconsin FACETS

Wisconsin Family Assistance Center for Education, Training, and Support (FACETS) is the state's federally funded Parent Training and Information (PTI) center. FACETS provides free training, information, and individual advocacy support.

Website: wifacets.org
Phone: 414-374-4645

Disability Rights Wisconsin

Disability Rights Wisconsin is the state's Protection and Advocacy (P&A) organization. They provide legal services and advocacy in special education cases.

Website: disabilityrightswi.org
Phone: 608-267-0214

Key Things to Know in Wisconsin

Wisconsin uses a 60-day evaluation timeline after parental consent
IEP must be developed within 30 days after evaluation completion
State complaints go to DPI's Division for Learning Support
Wisconsin FACETS offers free advocacy support
Disability Rights Wisconsin provides legal services

Frequently Asked Questions

How long does Wisconsin have to evaluate my child for special education?

Wisconsin must complete the initial evaluation within 60 days of receiving parental consent. After evaluation, the IEP must be developed within 30 days and services begun as soon as the IEP is finalized.

What is Wisconsin's dispute resolution process?

Wisconsin offers state complaints filed with DPI, mediation, and due process hearings. State complaints must be filed within one year of the alleged violation and DPI must respond within 60 calendar days.

What is the Wisconsin Department of Public Instruction's role in special education?

DPI oversees special education through its Division for Learning Support. DPI monitors district compliance, investigates state complaints, and provides resources for families.

Where can Wisconsin families get free advocacy help?

Wisconsin FACETS is the state's PTI center and provides free support. Disability Rights Wisconsin is the state's P&A organization and provides legal services.