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New Haven 24-0562

Complaint Summary

Date:

July 22, 2024

Case Number:

24-0562

Grade Level:

High school

Person filing complaint:

Attorney

School District:

New Haven (single student)

Allegation(s):

  • Failure to provide educational services to the Student while the Student was suspended and removed from the Student's current placement (34 CFR § 300.530(d)).
  • Failure to Implement the Student’s IEP (34 CFR § 300.17(d)).
  • Failure to revise the IEP to address any lack of expected progress towards the annual goals (34 CFR § 300.324(b)(ii)).
  • Failure to send a full copy of the IEP to the parents within five days after the PPT meeting (RCSA § 10-76d-13(a)(6))

Conclusion(s):

  • The District did not violate 34 CFR § 300.530(d). It is evident that there were challenges in providing the Student consistent educational programming after the behavioral incident that resulted in serious injury to others and the Student’s placement in an interim alternative education setting. It was agreed to provide the Student with an in-person tutor which was delayed due to circumstances beyond the control of the Parents or District. The District offered other options to provide the Student services while the District worked to procure a tutor: a full day program, inclusive of both special education and regular education students and related service staff or the provision of services through the District’s Virtual Learning Academy (VLA).
  • The District violated 34 CFR § 300.17(d) when it failed to provide the Student with the services in the Student's IEP.
  • The District violated 34 CFR § 300.324(b)(ii) because 6 out of the 8 IEP goals and objectives in the Student's IEP remained unchanged for approximately a year and a half.
  • The District did not violate RCSA § 10-76d-13(a)(6). The Student's IEP was provided to the Parents within the mandated timeline.

Corrective Action(s):

  • The District shall convene a PPT meeting for the Student to develop, in collaboration with the Parent, a compensatory services plan to provide 30 hours of compensatory services to the Student in the area of academic skills. Should the parent feel that 30 hours of compensatory services will be overwhelming to the Student, the Parent may determine a lesser amount.
  • The District shall convene a PPT meeting for the Student to review and revise the Student’s IEP goals and objectives to address a lack of expected progress toward the annual goals and objectives.
  • The District shall provide training to appropriate personnel regarding the updating or amending of an IEP for situations in which a student is provided an interim service or placement that has not been previously recorded in the IEP, even if that service or placement is considered to be temporary.