State Board of Education public hearing schedule for state charter applications!

Greenwich 24-0283

Complaint Summary

Date:

February 6, 2024

Case Number:

24-0283

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Greenwich Public Schools (single student)

Allegation(s):

  • Failure to provide in a timely way special education and related services as well as supplementary aids and services in accordance with the Student’s IEP and failure to implement the Student’s behavior intervention plan with regards to informing and training staff and following the progress monitoring plan (34 CFR §§ 300.323(c)(2) and 300.17(d)); (RCSA § 10-76d-1(a)(1))
  • Failure to accurately delineate services on the IEP with support provided by a paraprofessional and noting whether or not the Student’s behaviors impede the learning for self or others under special considerations (34 CFR 300.320(a)(4))
  • Failure to send the parent the IEP within five days after the planning and placement team meeting (RCSA § 10-76d-13(a)(6))
  • Failure to provide the Parents with classroom evacuation data so that the Parents can be afforded the opportunity to meaningfully participate in the PPT (34 CFR § 300.322)

Conclusion(s):

  • The District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(1). Due to a multitude of scheduling conflicts and constraints, the Student missed a significant amount of reading, writing, mathematics, and counseling services since the start of the 2023-2024 school year. Based on the review of service logs, many of the reasons for the missed services require a make-up session, and therefore The District is in further violation of these regulations as the District delayed implementation of accommodations and modifications identified to assist the Student with accessing the general education curriculum and classroom environment.
  • The District is in violation of 34 CFR 300.320(a)(4). While professional assistant support is included under the PPT recommendations, it is not specified in the IEP with how much time the professional assistant support is with the Student. This level of support should be noted under supplementary aides and services, indirect services, and/or special education and related services. Furthermore, based on the data presented at the PPT meeting on November 13, 2023, the special considerations question, “Does the Student exhibit behaviors that impede the learning for self or others”, should have been marked “Yes”.
  • The District is in violation of RCSA § 10-76d-13(a)(6). The IEP for the September 28, 2023, PPT meeting was generated in CT-SEDS on October 20, 2023, and therefore the Parents did not receive a copy of the IEP for more than three weeks following the PPT meeting. Despite the creation of the PPT Record of Meeting, the lack of a revised IEP is a violation of RCSA § 10-76d-13(a)(6) which requires a full copy of the individualized education program shall be sent to the parents within five days after the planning and placement team meeting to develop, review or revise the individualized education program.
  • The District is not in violation of 34 CFR § 300.322 but did fail to comply with Public Act 23-167, §71 which could serve as a procedural violation. The Parents were made aware of the majority of the classroom evacuations and removals. Based on the significant amount of communication and updates between the Parents and the District, and the Parent’s attendance and participation in PPT meetings, it is concluded that the Parents were afforded the opportunity to participate in the PPT process.
  • The BIP was reviewed and provided to staff at the PPT meeting on November 13, 2023. From the implementation date of the BIP to the date this complaint was filed, the school based team met regularly and written communication was provided to staff regarding the implementation of the BIP in accordance with the BIP’s progress monitoring plan.

Corrective Action(s):

  • The District must create and provide a compensatory education plan for the Student in the areas of reading, writing, mathematics, and counseling. All services under the compensatory education plan must be delivered on or before June 30, 2024. Specific hours are as follows: fourteen 30 minute sessions or 420 minutes of reading instruction provided by a special education teacher in site 2a/resource setting, eight 30 minute sessions or 240 minutes of reading instruction provided by a reading lab specialist in site 2a/resource setting, sixteen 30 minute sessions or 480 minutes of writing instruction provided by a special education teacher in site 2a/resource setting, eleven 30 minute sessions or 330 minutes of mathematics instruction provided by a special education teacher in site 2a/resource setting, six 30 minute sessions or 180 minutes of counseling provided by a school psychologist in site 2c/related service setting.
  • A memo addressing the legal responsibilities of staff to fully implement IEPs must be drafted by the Director and shared with all staff that have worked with the Student.
  • A PPT meeting must be convened to review/revise the IEP to accurately reflect the paraprofessional support being provided to the Student under supplementary aides and services, indirect services, and/or special education and related services as well as to correctly answer the special considerations question regarding the Student’s behavior.
  • The District must review with the school’s PPT meeting chairs and special education and related service providers, including the chair at the PPT meeting held on September 28, 2023, the RCSA timeline requirements as well as the required documents in CT-SEDS for PPT meetings.
  • The District must provide this Bureau of Special Education with the names of five students from the school whose PPTs meet after the training to ensure compliance with RCSA timeline requirements.