Complaint Summary

Date:

April 30, 2024

Case Number:

24-0375

Grade Level:

Middle

Person filing complaint:

Parent

School District:

Stamford Public Schools (single student)

Allegation(s):

• Failing to ensure that all required members of the Student’s PPT were present (34 CFR § 300.321)
• Failing to provide a free appropriate public education (FAPE) (34 CFR § 300.101) - Student unable to make more than di minimus progress appropriate in light of circumstances
• Failing to provide ESY services (34 CFR § 300.106)

Conclusion(s):

• District was not in violation of 34 CFR § 300.321 at the November 30, 2023, PPT meeting as the School Psychologist was not a required member of the Student’s PPT, and at the December 21, 2023, PPT meeting it has been established that the Student’s general education teacher did attend remotely. However, the District is advised to make a correction to the Student’s December 21, 2023, IEP so that it lists all of the members who attended the PPT (both in-person and remotely).
• District was in violation of 34 CFR § 300.101 as Student’s IEP is not reasonably calculated to enable progress that is more than de minimis and/or progress appropriate in light of their circumstances. In June 2023 the Student’s IEP Progress Report showed satisfactory progress on less than half of the IEP objectives, was demonstrating limited progress on 15% of objectives, and there remained almost 40% of IEP objectives that had not been introduced. This baseline was compared to the progress the Student made on IEP objectives by February 2024. February 2024 IEP Progress Report showed satisfactory progress on 60% of his IEP objectives and there remained only 5% of his objectives that had not been introduced, However, there was limited progress on 35% of objectives (approximately 1 in 3 objectives).
• District was in violation of 34 CFR § 300.106 as the Student’s IEP required that ESY services be provided during the summer of 2023. Therefore, it is the District’s responsibility to implement the IEP and provide ESY services to the Student. Placing an expectation on the Parent that they must register for ESY services which are required by his IEP or those services cannot be provided is inappropriate. The District must take the necessary steps to ensure that the Student’s IEP is implemented.

Corrective Action(s):

• On or before June 30, 2024, the District shall convene a PPT for the Student to consider the progress of the Student on IEP objectives and review or revise the IEP accordingly, and to document the services that the District intended to provide to the Student for ESY 2023 and develop a compensatory services plan equal to the type and amount of services that would have been offered to the Student during the duration of ESY 2023.