Complaint Summary

Date:

December 8, 2023

Case Number:

24-0156

Grade Level:

High school

Person filing complaint:

Advocate

School District:

Regional School District 17 (single student)

Allegation(s):

• Failure to provide in a timely way 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)(3))
• Failure to evaluate the Student in all areas of suspected disability and failure to gather information from the Parents when evaluation the student (34 CFR §§300.304(c)(4) and §300.304(c)(6)) and (RCSA §10-76d-9(a))
• Failure to consider the Student’s academic, developmental, functional needs when developing the Student’s individualized education plan ensuring it is reasonably calculate and appropriately rigorous (34 CFR § 300.324)
• Failure to consider all relevant information in the Student’s record when making a manifestation determination (34 CFR § 300.530(e))
• Failure to include Parents in decisions regarding the Student’s placement (34 CFR § 300.327, 34) and (34 CFR § 300.501)

Conclusion(s):

• The District is not in violation of 34 CFR §§300.304(c)(4) and §300.304(c)(6) and RCSA §10-76d-9(a). The District completed the required evaluations based upon what was raised as concerns by the Parent and the District when the initial evaluations were designed. The assessment tools included a mix of functional, developmental and academic information. Observations were also conducted by teachers.
• The District is in violation of 34 CFR § 300.324. The PPT failed to recognize that the Student’s behavior was having a negative impact on his ability to learn. During the 2022-2023 academic school year, the Student had a total of 2 in-school suspensions and a total of 18 out-of-school suspensions. According to the Student’s IEP, the Student received 30 minutes of counseling per week with the school psychologist to address his coping skills. The Student needed additional support to be successful in school, however, the District failed to provide the Student with the necessary supports.
• The District is not in violation of 34 CFR § 300.530(e). The manifestation determination review decided that there was not a correlation between the Student’s disability and the misconduct. The manifestation determination review considered all relevant information available when making its decision.
• The District is not in violation of 34 CFR § 300.327 or 34 CFR § 300.501. The Parents and their Advocate report that the District predetermined the Student’s alternative educational opportunity when the Student was expelled. The District provided the Student with tutoring following the manifestation determination review. The PPT determined what services were appropriate so that the Student could continue to participate in regular education and make progress to meet the goals of the IEP.
• The District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3). The Student was not provided with the special education services identified in his IEP for 3 weeks at the beginning of the school year. Additionally, due to an issue between the Student and the Psychologist, counseling services were paused for 3 sessions.

Corrective Action(s):

• The District is ordered to provide the Student with 10 individual counseling sessions (7 from between November 3, 2022-December 13, 2022; 3 from October 2023). The length of the counseling sessions should be 60 minutes.
• The District is ordered to provide the Student with 12 hours of compensatory education time.