Westport 24-0008

Complaint Summary

Date:

September 6, 2023

Case Number:

24-0008

Grade Level:

High school

Person filing complaint:

Parent

School District:

Westport Public Schools (single student)

Allegation(s):

  • Failure to provide instructional support from a paraprofessional who is trained to meet the Student’s communication needs/method during the District’s extended school year (ESY) program in accordance with the Student’s individualized education plan (IEP) (34 CFR §§ 300.323(c)(2)) and (300.17(d), RCSA § 10-76d-1(a)(3))

Conclusion(s):

  • Two of three staff members were trained in RPM, the letter board, and the AAC device with a QWERTY keyboard. A third staff member only received training on the AAC device with a QWERTY keyboard, but not the letter board or RPM. Since the third staff member was not trained in the letter board and RPM, the use of the letter board as a methodology was not available to the Student during the time period when this staff member was working with the Student. Therefore, the District failed to implement the Student’s IEP and violated 34 CFR § 300.323 when the third staff member supported the Student for two weeks and three days during ESY.

Corrective Action(s):

  • Despite this implementation failure, the Student still made satisfactory progress on all the annual goals in his IEP, and thus student specific corrective action is not warranted in this case.
  • Any staff member assigned to support the implementation of the student’s IEP shall be trained in all communication methodologies identified on the IEP.
  • The District must convene a PPT meeting to discuss and clarify the training requirements for the Student’s adult support. This complaint investigation revealed confusion regarding this issue, as well poorly defined but often used terms of “communication partner” and “methodologies”. Therefore, the language in the IEP should be revised to reflect clear definitions and recommendations of the PPT.