Complaint Summary

Date:

October 9, 2023

Case Number:

24-0061

Grade Level:

Middle

Person filing complaint:

Parent

School District:

Bethel Public Schools (single student)

Allegation(s):

• Failing to deliver a related service by a therapist with State-approved qualifications or recognized certification, licensing, registration, or other comparable requirements (34 CFR § 300.156(b))
• Failing to review existing evaluation data when determining the educational needs of the Student (34 CFR § 300.305(a))
• Failing to implement physical therapy services in conformity with the individualized education program (34 CFR § 300.17(d))

Conclusion(s):

• The district is not in violation of 34 CFR § 300.156(b) for failing to deliver a related service by a physical therapist with State-approved qualifications or recognized certification, licensing, registration, or other comparable requirements. The Student’s IEP did not include physical therapy as a related service and did not include a physical therapist as the implementor for any of the Student’s related services.
• The district is not in violation of (34 CFR § 300.305(a) for failing to review existing evaluation data when determining the educational needs of the Student. The purpose of the Planning and Placement Team meeting was to plan the transition of the Student to the APSEP, plan a reevaluation, and to review/revise the IEP. At this meeting, both the Parent and District staff stated that the APSEP was an appropriate placement for the Student. Given the change in the Student’s individual needs, the PPT recommended to revise the Student’s IEP. The decisions related to the revision of related services were based on the Student’s lack of progress on his annual goals and objectives, the Student’s special education history, and the opinions of District staff members who had worked with the Student. The PPT did not revise any of the Student’s annual goals or short-term objectives in the Student’s IEP.
• The district is not in violation of 34 CFR § 300.17(d) for failing to implement physical therapy services in conformity with the individualized education program. The Student’s current IEP does not include physical therapy as a related service.

Corrective Action(s):

• No corrective actions ordered.