Complaint Summary

Date: 

December 16, 2024

Case Number:

25-0214

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Westport Public Schools (Single Student)

Allegation(s):

• 34 CFR § 300.502(a)(1) and RCSA § 10-76d-9(a) provide that the parents of a child with a disability have the right to obtain an independent educational evaluation of the child. If the parent obtains an independent educational evaluation at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation— (1) Must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; and (2) May be presented by any party as evidence at a hearing on a due process complaint regarding that child. 
• Local education agencies (LEA) must take any and all actions necessary to ensure the parents of a child with a disability are afforded an opportunity to participate in meetings, and that they understand the proceedings at the meeting RCSA § 10-76d-12(a)(5), 34 CFR § 300.501(b), and 34 CFR § 300.322(e).

Conclusion(s):

• In accordance with 34 CFR § 300.502(a)(1) and RCSA § 10-76d-9(a), the Parent had the right to obtain an independent educational evaluation. There are circumstances where parents obtain an independent educational evaluation at private expense which would require, by nature of the evaluation, student observation within the school environment. However, given the assessments used and the willing collaboration of District staff, there is no evidence that an observation within the educational placement was requisite to this evaluation, or that the lack thereof limited the meaningful participation of the Parent. As required by 34 CFR § 300.502(c)(1), the District convened a PPT to consider the private expense neuropsychological evaluation. Additionally, the frequency of PPT meetings, email correspondence, and meetings with the outside evaluator, as well as the recommended revisions to the IEP, speak to the District’s ongoing efforts to ensure the Parent’s meaningful participation in discussions regarding the Student’s IEP.

Corrective Action(s):

• No corrective action is required.