Complaint Summary

Date:

April 8, 2024

Case Number:

24-0383

Grade Level:

Middle

Person filing complaint:

Attorney

School District:

New Haven Public Schools (single student)

Allegation(s):

• The District failed to convene a manifestation determination meeting before a disciplinary change of placement. (34 CFR § 300.530)

Conclusion(s):

• The Parent referred the Student on October 3, 2023 and November 1, 2023. The second referral resulted in an initial evaluation and the Student was found eligible for special education and related services on January 8, 2024. Between the first parent referral and the first manifestation determination PPT meeting held on February 7, 2024, there were a total of six out of school suspensions totaling 13 school days and two in-school suspensions totaling 3 school days. A review of the discipline forms documenting each incident and suspension confirmed that the behaviors were substantially similar across the six incidents that resulted in the out of school suspensions. Therefore it is concluded that the District violated 34 CFR § 300.530 and 34 CFR § 300.534, and was required to convene a manifestation determination PPT meeting prior to February 7, 2024.

Corrective Action(s):

• As identified by the District, documentation is required to confirm the review of 34 CFR § 300.530 and 34 CFR § 300.534, and their implications on student discipline which occurred with the school based team, the PPT Chair representatives, and building administrators. This documentation must include an overview of the information reviewed and provided to District staff, as well as staff signatures with dates for all staff that participated.