Complaint Summary
Date:
September 20, 2024
Case Number:
25-0040
Grade Level:
Middle
Person filing complaint:
Parent
School District:
New Haven Publics Schools (Single Student)
Allegation(s):
- The Parents alleged that appropriately certified personnel were not made available to provide the Student’s IEP services. (34 CFR § 300.17(d) and Regulations of Connecticut State Agencies (RCSA) § 10-76d-2).
- The Parents' allege that AT services that were recommended at the Student’s PPT meeting were not provided (34 CFR § 300.17(d)).
- The Parents allege that despite the recommendation of an OT evaluation, the OT services provided on the Student’s IEP did not meet his needs (34 CFR § 300.305(a)).
- The Parents allege that the Student’s math (Algebra 2) teacher repeatedly did not provide accommodations as required by the IEP (i.e., study guides, notes and extra time for assessments) (34 CFR § 300.17(d)).
- The Parents allege that the District restricted the Student’s September 14, 2023 PPT meeting to 30 minutes and was not flexible related to that timeframe causing difficulty with the parent’s participation and understanding (34 CFR § 300.322).
- The Parents allege that the Student’s January 2024 IEP Progress Report was not written by a staff member knowledgeable of the Student’s progress (34 CFR § 300.320(a)(3)).
Conclusion(s):
- It was concluded that the District did provide appropriate certified and supervised personnel to provide IEP services, and therefore no violation was found.
- The District failed to provide the AT services recommended by the PPT.
- The District provided OT services commensurate with the recommendations of the OT evaluation and eventually increased services to even go beyond those recommendations. and therefore no violation was found.
- It was concluded that the Student’s accommodations were implemented in a manner that allowed the Student to make appropriate progress toward his IEP goals and in the general education curriculum, and therefore no violation was found.
- It was concluded that there was no substantiated evidence that the District’s actions restricted the parent’s meeting participation or understanding of the meeting proceedings.
- The District was found to be out of compliance with the regulatory requirements because the District did not comply with the timeline for the provision of the progress report.
Corrective Action(s):
- The District shall convene a PPT meeting, with the Parent(s) and the AT Specialist in attendance, to establish present levels, develop a comp services plan if adverse effect is established, document the needed AT services.
- The District shall ensure that a process is in place to monitor and issue IEP Progress Reports in a timely manner for those students whose case managers (i.e., special education teacher(s) responsible for completing and issuing the progress report) become unavailable to issue such report.