Meriden 24-0166

Complaint Summary

Date:

December 8, 2023

Case Number:

24-0166

Grade Level:

High school

Person filing complaint:

Parent

School District:

Meriden Public Schools (single student)

Allegation(s):

  • Failure to discuss discipline procedures under the Individuals with Disabilities Education Act (IDEA) and provide that within ten school days of any decision to change the placement of the student because of a violation of the code of conduct, the education agency, the parent and relevant members of the child’s planning and placement team must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine if the behavior was manifestation of the Student’s disability (34 CFR § 300.530)
  • Failure to provide the Student with educational services in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP when removed from the child’s current placement (34 CFR § 300.530(d)(1))

Conclusion(s):

  • The District is in violation 34 CFR § 300.530. The District held a manifestation determination PPT meeting and determined that the behavior was a manifestation of the Student’s disability. The team is required to recommend a functional behavior assessment and implement a behavior intervention plan or review an existing behavior intervention plan and modify as necessary to address behavior.
  • The District is not in violation of 34 CFR § 300.530(d)(1). The Student was not subject to disciplinary changes in placement that exceeded ten consecutive schools days or removal to an interim alternative educational setting. The Student was not provided with his IEP services while suspended from school. The Student was provided access to homework while suspended per the referral log and according to the District was provided the opportunity to make up any missed work or exams upon his return to school.

Corrective Action(s):

  • The District must provide training to all relevant staff on the requirements of manifestation determination PPT meetings including the IEP team’s requirements following a determination that behavior was a manifestation of a student’s disability. 
  • The District must conduct a functional behavioral assessment (FBA) and develop a behavioral intervention plan (BIP) for the Student.