Teacher of the Year Ceremony
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Bridgeport 25-0282

Complaint Summary

Date:

January 21, 2025

Case Number:

25-0282

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Bridgeport Public Schools (single student)

Allegation(s):

  • The Parent claimed that the Student did not have a certified special education teacher implementing his individualized education plan (IEP). 34 CFR §§ 300.323(c)(2) and 300.17(d) and RCSA § 10-76d-1(a)(1).
  • The Parent claimed that she was informed at dismissal by the paraeducator working with the Student that the Student had attempted to take off his uniform shirt and was restrained by the paraeducator. The Parent claimed that she did not receive any further documentation of the alleged restraint. RCSA § 10-76b-10, CGS § 10-236b(b), and CGS § 10-236b(j)(l).
  • The Parent alleged and a review of Connecticut Special Education Data System (CT-SEDS) supported the claim that the Student’s annual review PPT meeting was not held on or before the annual review date of December 5, 2024. 34 CFR § 300.324.
  • The Parent claimed that the District had not fulfilled a request for records which had been made on November 13, 2024. RCSA § 10-76d-18(a)(1).

Conclusion(s):

  • The Student’s special education teacher began the school year without an active certification. The teacher submitted applications for her certification between the dates of October 4, 2024, and October 16, 2024, and was certified for endorsement code 165 as of October 16, 2024. It is concluded that the District did violate 34 CFR §§ 300.323(c)(2) and 300.17(d) and RCSA § 10-76d-1(a)(1) as the teacher began the school year without an active certification. However, no corrective action is required because the teacher has held an active certification for endorsement code 165 since October 16, 2024.
  • The paraeducator that the Parent stated restrained the Student was trained in physical management, physical restraint, and seclusion procedures in accordance with RCSA § 10-76b-10 and therefore the alleged restraint would not have been a violation of the training requirements. No corrective action is required. The Student’s removal of his shirt would not have required the emergency intervention of a restraint as outlined in CGS § 10-236b(b). However, there is no documentation of the restraint and all school staff identified by the Parent deny the Parent’s allegation that the Student was restrained on January 31, 2024. While the District’s denies the allegation, it would be remiss of this investigator to discount the Parent’s documentation through ParentSquare and at the PPT meeting held on February 20, 2024, that she was informed that a restraint occurred on January 31, 2024. Nevertheless, there is not sufficient evidence to confirm that the District was noncompliant with the requirements of Connecticut General Statute §§ 10-236b(b) and 10-236b(j)(l). See recommendation below.
  • The Student’s annual review PPT meeting was due on or before December 5, 2024, to ensure that the IEP was reviewed not less than annually in accordance with 34 CFR § 300.324. The PPT meeting was scheduled for November 14, 2024, and then rescheduled to November 19, 2024, both of which would have met the required timeline. Following the Parent informing the District that she would be bringing an attorney to the PPT meeting, the District rescheduled the PPT meeting for January 2, 2025. The delay in holding the rescheduled PPT meeting resulted in the Student having a lapsed IEP for 12 school days, but did not result in a disruption of IEP services. It is determined that the District did violate 34 CFR § 300.324, since the annual review was not held within the mandated timeline. However, no corrective action is required because the District scheduled the PPT meeting in accordance with the timeline and then rescheduled the PPT meeting at the request of the Parent (see Finding of Fact #21), and to allow counsel for both parties to attend.
  • On November 26, 2024, the District fulfilled the request for records submitted by the Parent’s attorney on November 13, 2024. Although the Parent was unaware that the records were released to her attorney, the attorney confirmed her receipt of the records. The District did not violate RCSA § 10-76d-18(a)(1). No corrective action is required.

Corrective Action(s):

  • Recommendation: It is strongly recommended that the District review Connecticut General Statute §§ 10-236b(b) and 10-236b(j)(l) as part of the required annual seclusion and restraint training for crisis intervention teams across the District to ensure that restraints are administered only as emergency intervention to prevent immediate or imminent injury to the student or others and are properly documented in the student’s educational record.