Complaint Summary

Date:

April 19, 2024

Case Number:

24-0377

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Waterbury Public Schools (single student)

Allegation(s):

• The Parent alleges that the District failed to implement the Student’s Individualized Education Program (IEP) by not providing the Student access to the general education setting in accordance with his IEP. The Parent further alleges that the District did not provide the Student with one on one support in order to access the general education setting or with a plan for loud noises. (34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(1))
• The Parent alleges that the District has failed to provide the Student with an IEP that allows him to make progress in the least restrictive environment. The Parent further alleges that the Student has not made any academic progress in the last two years. (34 CFR § 300.320)

Conclusion(s):

• As written, the Student’s IEP recommended mathematics instruction in site 1a for 30 minutes 5 times per week as well as participation in music and art. The District and Parent have differing opinions on the Parent’s request to delay inclusion with the Parent adamantly denying ever making that request. The alleged request is referenced in multiple IEPs and messages exchanged between the District and Parent between August 2023 and October 2023. It is therefore concluded based on the available supporting evidence that the District did believe that the Parent wanted the Student’s inclusion to be delayed at the start of the school year. Whether the District believed the Parent requested a delay or not, the District was obligated to implement the IEP as written. If the Student’s time with nondisabled peers was adjusted, the IEP should have reflected that adjustment. The District needed to convene a PPT meeting to revise the Student’s services or revise the IEP through an amendment to address this change in services. It is therefore concluded that the District violated 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(1) by not implementing the Student’s IEP as written.
• Based on the progress reports for the Student’s IEP goals and objectives, the Student was making satisfactory progress towards achieving his goals and objectives by the annual review date of October 20, 2023. The Student’s report card for the 2022-2023 school year, also indicated progress, however, it should be noted that the those grades were based on the Student accessing a modified curriculum in a self-contained program. A review of his most recent reevaluation results indicate the Student’s learning profile is such that significant supports are needed to assist the Student in making progress. The Parent is noted in multiple IEPs expressing her desire for the Student to be educated in the general education classroom with grade level materials and peers. It cannot be determined if the Student would have met with success in the general education mathematics class as the Student was not afforded the opportunity to participate in that classroom setting. The District’s failure to implement the IEP as written is addressed in Issue 1. It is determined that the District did not violate 34 CFR § 300.320 as the Student’s most recent annual IEP dated October 20, 2022, and revised on August 4, 2023 and October 2, 2023, reflected an alignment between reevaluation data, present levels of performance, and goals and objectives to address the needs of the Student which result from the Student’s disability.

Corrective Action(s):

• The Student is not currently enrolled in the District and therefore student specific corrective action is not applicable. Therefore, within 15 days of the date of this decision, the District shall submit a memo to this investigator for approval addressing the requirements of implementing an IEP as written and guidance to staff on parental requests to change an IEP service outside of a PPT meeting. Once approved by the CSDE, the memo shall be distributed within 15 days to the special education team (including administration). The District shall submit to the CSDE a list with the names, titles, date, and method of distribution to each person within 5 days of completion.