Complaint Summary

Date:

March 11, 2024

Case Number:

24-0134

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Greenwich Public Schools (Single Student)

Allegation(s):

• The District failed to consider the use of positive behavioral interventions and supports to adequately support and address the Student’s behavioral needs. 34 CFR § 300.324(a)(2)(i) requires the IEP team to consider the use of positive behavioral interventions and supports, and other strategies, to address behavior that impedes the child’s learning or that of others.
• The District failed to provide the Student with specific, individualized, and measurable goal and objectives as well as accurately represent updated present levels of performance in the area of social/emotional in the November 13, 2023 IEP. 34 CFR § 300.320(a)(1) and 34 CFR § 300.320(a)(2)(i) requires an IEP to include a statement of the child’s present levels of academic achievement and functional performance as well as a statement of measurable annual goals, including academic and functional goals designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and meet each of the child’s other educational needs that result from the child’s disability.

Conclusion(s):

• As outlined in the findings of fact, the Student’s IEP dated November 13, 2023, which includes the BIP includes a variety of positive behavior interventions and supports as well as school based counseling services. The District as part of the IEP team considered the use of and included in the IEP, positive behavioral interventions and supports, and other strategies, to address behavior that impeded the Student’s learning or that of others and therefore it is concluded that the District did not violate 34 CFR § 300.324(a)(2)(i).
• Despite the Student’s increasing struggles with his behavior from the start of the 2023-2024 school year, the Present Level of Performance, Strengths, and Concerns/Needs for the goal area: Social/Emotional were not updated at the September 28, 2023, PPT meeting and only included information from an evaluation that occurred a year and a half prior. The revision to the Present Level of Performance in the IEP dated November 13, 2023, was minimal, and does not accurately reflect the Student’s presentation in school at the time of the PPT meeting. Present levels of performance should reflect how the student is currently performing in school, articulating what the student knows and can do in relationship to their involvement and progress in general curriculum activities. If the student’s present levels of performance represent a discrepancy between the age/grade level expectation and performance, the PPT should provide details. It is concluded that the District is in violation of 34 CFR § 300.320(a)(1) as the statement of the Student’s present levels of academic achievement and functional performance in the goal area: social/emotional were not accurately or appropriately updated to reflect the Student’s current strengths or areas of concern impacting his ability to make progress in the general education curriculum.
• IDEA requires an IEP to include a statement of measurable annual goals, including academic and functional goals designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum. While the social/emotional goal and objectives that were added to the Student’s IEP on November 13, 2023, are measurable in the sense that they identify mastery of an objective at 100% or in 4 out of 5 trials, they are not written specifically enough to fully understand what the Student is mastering. Therefore, it is concluded that the District is in violation of 34 CFR § 300.320(a)(2)(i) requiring that IEPs include a statement of measurable annual goals, including academic and functional goals with respect to Social/Emotional goal #11.

Corrective Action(s):

• A PPT meeting must be convened to review/revise the Student’ IEP to update the Present Levels of Performance for the goal area of Social/Emotional and social/emotional goal and objectives (goal #11) to satisfy the requirements of 34 CFR § 300.320(a)(1) and 34 CFR § 300.320(a)(2)(i).
• The District must engage special education staff responsible for completing present levels of performance and developing measurable annual goals and objectives in the IEP Quality training offered in collaboration by CSDE and RESC Alliance. District staff can attend these training sessions based on the existing schedule or the District can request an in-house training opportunity for its staff. Additionally, the District must provide this office with the names of five students who’s PPTs are developed after the training is completed so that this office may review the present levels of performance and goals and objectives to ensure compliance.