Timely Information
Agenda Now Available for 2026 WCASS and DPI Special Education and Pupil Services Conference
DPI is in partnership with the Wisconsin Council of Administrators of Specialized Services (WCASS) to coordinate a pre-conference day called the DPI Special Education and Pupil Services Pre-Conference. The agenda for the DPI pre-conference is now available! Link to 2026 Special Education Pupil Services Pre-Conference agenda.
The full day pre-conference will includes content identified by DPI to support special education and pupil services leadership including:
- A variety of sectionals highlighting DPI speakers, projects, and resources
- WCASS membership not required to attend
The DPI Special Education and Pupil Services Pre-Conference will be held October 14, 2026, followed by a two-day WCASS conference on October 15th and 16th at the Wilderness Resort, Glacier Canyon Conference Center in the Wisconsin Dells.
Attendees may select either the pre-conference day only, the WCASS two-day conference only, or all three days. Link to Registration
Reminder to Ensure Qualified Personnel Provide Free and Appropriate Public Education (FAPE) to Students with Disabilities
School districts have an ongoing obligation under Individuals with Disabilities Education Act (IDEA) to ensure that students with disabilities receive FAPE through the provision of special education and related services in accordance with each student’s IEP. This obligation includes ensuring that the personnel responsible for delivering special education services are appropriately and adequately prepared, trained, and licensed. Under 34 CFR § 300.156 (c), the person employed as a public school special education teacher must have the required state special education certification, license, or qualify through an alternate certification pathway meeting the federal requirements. IDEA also requires that special education teachers hold a bachelor’s degree. Wisconsin’s PI 34 similarly establishes specific licensure requirements for special education teachers, including the K-12 cross categorical license under PI 34.049. In addition, Wisconsin provides a License with Stipulations (LWS), which allows a special education teacher to legally work and get paid while actively completing the requirements for full cross-categorical or special education certification.
The Office of Special Education Program (OSEP), in its Dear Colleague Letter (October 4, 2022) specifically emphasized that personnel qualifications under IDEA remain applicable even in the face of staffing shortages. OSEP recognized the significant challenges districts face in recruiting and retaining special educators but made clear that shortages do not eliminate the requirement that personnel providing special education and related services meet applicable qualifications and licensure requirements. The letter further explains that states may not simply waive special education or related services personnel certification or licensure requirements on an emergency, temporary, or provisional basis. Districts therefore must plan proactively to recruit, hire, prepare, and retain appropriately qualified personnel and must have contingency plans for maintaining services when a regular special educator is absent.
The use of substitute teachers requires particular attention. A Wisconsin short-term substitute permit under PI 34.032 authorizes an individual to substitute in any subject and grade level and Wisconsin PI 34.109 permits a short-term substitute for up to 45 consecutive days in the same assignment. However, the existence of a substitute authorization under Wisconsin law does not, by itself, satisfy the federal IDEA personnel qualification requirement for an individual serving as the special education teacher responsible for providing specially designed instruction. Accordingly, a substitute who holds only a general substitute license should not be treated as a qualified special education teacher merely because Wisconsin law permits that individual to serve as a substitute teacher. A long-term substitute teacher likewise must be licensed for the subject or position and grade level of the assignment under PI 34.109.
Takeaways and Resources
- Staffing shortages, teacher vacancies, absences, and the availability of substitutes do not relieve a school district of its obligation to provide FAPE.
- A substitute license should not be assumed to authorize an individual to function as the student’s qualified special education teacher or to independently provide specially designed instruction simply because the individual may legally substitute in a classroom Wisconsin’s substitute authorization and IDEA’s special education personnel qualification requirements must be considered in concert and not in isolation. A substitute may be legally permitted to serve in an assignment, but that does not automatically establish that the substitute satisfies the federal qualification requirements applicable to a person functioning as the special education teacher under IDEA. Verify the specific Wisconsin license held by the substitute, the assignment authorized by that license, and the federal IDEA personnel-qualification requirements.
- Ensure that unlicensed employees apply for a License with Stipulations (LWS) upon hire.
- Have systems in place to ensure that missed services are addressed, compensatory education is considered, and student’s right to FAPE is protected.
|
