Complaint Summary

Date:

April 11, 2024

Case Number:

24-0376

Grade Level:

High school

Person filing complaint:

Advocate

School District:

Windham Public Schools (single student)

Allegation(s):

• Failure to provide progress reports to show the Student’s progress towards meeting annual goals and objectives (34 CFR Section 300.320(a)(3))
• Failure to have all required Planning and Placement Team members present at the meeting, specifically a special education teacher (34 CFR § 300.321) and (RCSA § 10-76d-10)
• Failure to provide the required accommodations to the Student in the general education setting such as modifying curriculum and small group support (34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3))
• Failure to provide a clear description of program and failure to provide data or report on progress in each class resulting the parent being unable to have meaningful participation in the Planning and Placement Team meeting (RCSA § 10-76d-12), (34 CFR § 300.322(a)), and (34 CFR § 300.501(b))

Conclusion(s):

• The Parent and the Advocate were notified early enough to make sure that they were able to be present at the meeting. They also received notice early enough to ensure their attendance. The Parent and the Advocate did not have access to necessary information that allowed them meaningful participation in the meeting. This was due to the absence of the Student’s regular special education case manager. Such information included data, work samples, and other relevant information. Therefore, the District is in violation of RCSA § 10-76d-12, 34 CFR § 300.322(a), and 34 CFR § 300.501(b).
• According to the Student’s IEP, progress reports were required to be issued consistent with grade level report cards. The District failed to provide the Parent with progress reports consistent with grade level report cards. Therefore, the District is in violation of 34 CFR § 300.320(a)(3).
• At the Student’s PPT meetings, no less than one special education teacher of the child or, where appropriate, no less than one special education provider of the child was present. Therefore, the District is not in violation of 34 CFR § 300.321 or RCSA § 10-76d-10.
• The case manager met with each member of the Student’s team at least twice quarterly to review the Student’s accommodations and modifications. The case manager also worked closely with the adult staff assigned to the Student to ensure that his modifications and accommodations were implemented with fidelity. Even when the case manager was out, a plan was in place to guarantee consistency. Therefore, the District is not in violation of 34 CFR § 300.42.

Corrective Action(s):

• Due to the fact that the regular special education case manager was not present at the PPT meeting, vital information was not shared with the Parent. Since the Parent did not have access to necessary information, the PPT team will reconvene by May 3, 2024. Vital information such as all relevant data, teacher reports, and work samples will be provided to the Parent at least 5 days prior to the meeting so that she can meaningfully participate in the meeting. The PPT team will then abide by any new outcomes of the meeting.
• The District is required to provide training to all special education teachers, administrators, paraprofessionals and related services providers in the program on progress reporting.