Complaint Summary

Date Findings Report Sent:

June 24, 2025

Case Number:

25-0714

Grade Level:

Elementary

Person filing complaint:

Advocate

School District:

Avon Public Schools

Allegation(s):

• 34 CFR § 300.502(b)(2) failure to, without unnecessary delay, (i) file a due process complaint to request a hearing to show that its evaluation is appropriate; or (ii) ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to §§300.507 through 300.513 that the evaluation obtained by the parent did not meet agency criteria, when a parent requests an independent educational evaluation at public expense

Conclusion(s):

• District is in violation of 34 CFR § 300.502(b)(2) for causing an unnecessary delay by failing to ensure that an IEE was provided at public expense or initiating a due process complaint to request a hearing to substantiate the appropriateness of its evaluation

Corrective Action(s):

• District must either agree to an IEE at public expense or initiate a due process complaint to substantiate the appropriateness of its evaluation.
• District is required to provide training on all laws and regulations related to IEEs.