A complaint was filed on February 5, 2026, with the US Department of Education's Office of Civil Rights (OCR) against the School District of Phillips. According to the OCR, it was alleged that "Student A attended the district throughout the 2025-2026 school year. According to the complainant, Student A has a disability that impacts his ability to organize schoolwork and stay on task, especially when he is over-stimulated or overwhelmed. He received special education services through an Individualized Education Program (IEP) that, according to the complainant, changed twice between spring 2025 and spring 2026. The complainant alleged that the following portions of Student A’s IEP were not implemented during the 2025-2026 school year: (1) morning and evening check-ins with a case manager; (2) monthly occupational therapy consults; and (3) specially designed instruction in executive functioning skills for 15 minutes, 4 times per week.
"The complainant alleged that Student A was excluded from a February 5, 2026, school-wide field trip to [redacted content] on the basis of his disability. According to the complainant, the special education case manager told Student A he could not attend because of his grades. The complainant alleged Student A’s academic performance is impacted by his disability, and his grades were low due to the district’s failure to fully implement his IEP."
Since the school district receives federal financial assistance and it is illegal to discriminate on the basis of disability, the district must follow the laws.
Superintendent Rachel Hoffman responded on April 17, 2024. According to the OCR, she explained that "the case manager informally checks in with Student A when he arrives to school and formally checks in with him before the start of his first academic course of the day, a course the case manager co-teaches. At the end of the day, the case manager meets with Student A for a formal check-out when he returns items to a cubby in her classroom. The same case manager provided Student A with instruction in executive functioning skills for approximately 30 minutes a day, four days per week." Student A allegedly also received consultation-only occupational therapy rather than direct services. The response omits a description of the services received and any recommendations by the therapist or implementation practices.
On April 24, 2026, Superintendent Hoffman met with the OCR to further discuss the matter. More details can be found in the following document:
School District of Phillips Resolution Letter.pdf (Size: 200.83 KB / Downloads: 93)
Before the investigation was complete, the school district let the OCR know it wanted to resolve the complaint. The OCR allowed this to happen through the Rapid Resolution Process (RRP). A resolution agreement was signed by the school district on May 13, 2026. The district was required to have its first monitoring report by May 28, 2026. By September 14, 2026, the district must provide training to all relevant staff, which will address the prohibition of discrimination against students with disabilities. By September 18, 2026, and October 9, 2026, the district must meet reporting requirements. By January 1, 2027, the school district will be required to provide the OCR with documents to verify it provided all compensatory education and/or services in the written plan. The full resolution agreement can be read in the following document:
School District of Phillips Resolution Agreement.pdf (Size: 157.06 KB / Downloads: 66)
Americans for Autism Advocacy (AFAA) shared their thoughts in a press release, stating, "“According to federal law, students eligible for special education services are entitled to a comprehensive education provided within the least restrictive setting. It is a disgrace to all Wisconsinites that a school district within the Northwoods failed to prioritize the welfare of a student with significant learning disabilities. For its swift action taken regarding the Phillips School District, Americans for Autism Advocacy applauds the Office of Civil Rights within the U.S. Department of Education. Jill Underly, the Wisconsin Superintendent of Public Instruction, holds a fiduciary responsibility to guarantee that every school district across the state fully complies with the IDEA Act. If Ms. Underly cannot fulfill her duty, then the Wisconsin Legislature must use their oversight duty in the 2027 session to hold her accountable."
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