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Waterbury 24-0163

Complaint Summary

Date:

December 11, 2023

Case Number:

24-0163

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Waterbury Public Schools (single student)

Allegation(s):

  • Failure to provide special education services and related services in a timely way in accordance with the Student’s individualized education plan (34 CFR §§ 300.323(c)(2) and 300.17(d)), (RCSA § 10-76d-1(a)(1))
  • Failure to provide a free appropriate public education for the Student consistent with the requirements of the Individuals with Disabilities Education Act due to the District not conducting a Functional Behavior Assessment, not considering the Parent’s request for an alternate placement, and sending the Student home from school early due to behavior and lack of staff (RCSA § 10-76d-1 and 34 CFR § 300.10)

Conclusion(s):

  • The District is in violation 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(1). The District has since begun providing the services and has developed a compensatory education plan for missed speech and language services. At the PPT meeting, the District recommended a self-contained classroom with paraprofessional support for the Student. The team, including the Parents, agreed to restart the data collection for the FBA in the Student’s new classroom environment. Through the PPT process, the District has addressed the Parent’s concerns and non-compliance.
  • The District is not in violation of RCSA § 10-76d-1 and 34 CFR § 300.101. The Parent made the decision to pick up the Student early from school due to behavior. If the school asked the Parent if they could or wanted to pick up the Student early, accurate documentation of the dismissal needed to occur in the Student’s file. If the Student missed at least half of the instructional school day, the Student school have been marked absent for the day. The District needs to consider the fact that any removal of a student from class that exceeds ninety minutes is considered a suspension per state law. The PPT team should closely monitor the Student’s attendance and any classroom removal patterns moving forward.

Corrective Action(s):

  • The District must provide the compensatory speech and language services totally 120 minutes.