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New Haven 24-0070

Complaint Summary

Date:

October 17, 2023

Case Number:

24-0070

Grade Level:

Middle

Person filing complaint:

Parent

School District:

New Haven Public Schools (single student)

Allegation(s):

  • Failure to provide in a timely manner special education and related services in accordance with the student’s IEP (34 CFR §§ 300.323(c)(2) and 300.17(d)), (RCSA § 10-76d-1(a)(1))
  • Failure to provide education in the Student’s least restrictive environment by ensuring that a continuum of alternative placements are available and failure to determine a placement decision based on the Student’s individualized education program and ensure the placement is in the least restrictive appropriate placement (34 CFR § 300.115) (34 CFR § 300.116)
  • Failure to provide the Student with instruction when the Student was unable to attend school due to a verified medical reason (RCSA § 10-76d-15)

Conclusion(s):

  • The District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(1). The District missed services from August 7, 2023 to August 17, 2023 and has not provided speech and language services or indirect services from the Teacher of the Visually Impaired in accordance with the Student’s IEP.
  • The District is in violation of RCSA § 10-76d-15. The District recommended homebound instruction following the Student’s discharge from an approved private special education program and have made attempts to secure a new school placement for the student. The District has stated that the homebound instruction is temporary while the District’s seeks an appropriate placement that can meet the Student’s complex needs. The District did not follow the required procedures for recommending homebound services as they did not have a written statement from the Student’s treating physician stating that the Student could not attend school due to a verified medical reason. The District’s position that the lack of an available APSEP placement as well as the lack of an appropriate continuum of placements and services within the district to meet the Student’s needs is not a sufficient reason for homebound services.

Corrective Action(s):

  • The District shall submit a log for compensatory services. The District needs to provide compensatory services for the following: 18 hours of academic homebound instruction (9 days at 2 hours per day), the missed 60 minutes per day based on the Student’s grade level and required minimum of 120 minutes of homebound instruction a day, the missed 60 minutes per week of speech and language services delivered by a speech and language pathologist, the missed 60 minutes per month of indirect service from the Teacher of the Visually Impaired during ESY as well as prorated indirect service.
  • The District shall convene a PPT to review and revise the current service hours and goals and objectives to ensure that the Student is receiving a free and appropriate public education (FAPE) while receiving instruction in the home pending a new school placement.
  • The District shall continue to provide the Bureau of Special Education updates on their applications and attempts to secure an appropriate school placement for the Student.