Complaint Summary

Date Findings Report Sent:

November 07, 2024

Case Number:

25-0160

Grade Level:

Middle

Person filing complaint:

Parents

School District:

Canterbury Public Schools

Allegation(s):

• Failure to ensure that a Planning and Placement Team (PPT) reviews the student’s Individualized Education Program (IEP) periodically, but not less than annually, to determine whether the annual goals for the student are being achieved; and revise the IEP, as appropriate (34 CFR § 300.324) Failure to provide a free appropriate public education (FAPE) to the Student by offering an IEP that is reasonably calculated to enable a child to make progress that is more than de minimis and is appropriate in light of the child’s circumstances (34 CFR § 300.101)

Conclusion(s):

• The District is in violation of 34 CFR § 300.324. In meeting the requirement of PPTs reviewing IEPs periodically, but not less than annually, to determine whether the annual goals are being achieved, the District did not hold an Annual Review meeting by the requisite date of November 16, 2023. The District was in violation of 34 CFR § 300.101. In determining if the Student’s IEP is appropriate, one must determine if that IEP is reasonably calculated to enable the Student to make progress that is not only (a) more than de minimis, but is also (b) appropriate in light of the child’s circumstances. The Student’s December 2023 IEP Progress Report showed mastery on only 14% of her IEP objectives after over a year of implementation. The PPT on November 20, 2023, did not update goals, objectives or present levels of performance. Additionally, within the determination of an IEP’s reasonable calculation, reports of progress toward meeting the Annual Goals and Short-Term Objectives must be provided. The Student’s IEP states that these reports will be provided consistent with general education grade-level report cards: December, June, and March. However, since the District has been using CT-SEDS in the fall of the 2022-2023 school year, progress reports were only provided for December 2023, June 2023, and June 2022. It is concluded that the Student’s IEP was not reasonably calculated to enable her to make progress that is more than de minimis and/or progress appropriate in light of her circumstances. The District failed to provide progress reports as determined by the IEP, and failed to meet to update present levels of performance, revise goals and objectives, or implement additional services or supports when appropriate progress was not being made.

Corrective Action(s):

• The District is to provide training to all special education teachers, and administrators, on IEP timeline compliance and progress reporting requirements. The training could be a part of professional development for staff. An agenda for the training and a list of attendees must be submitted to this office. The training must be completed by June 30, 2025. The District is to provide documentation that the next five Annual Reviews held are on time. The District is to provide the Student with 10 hours of mathematics instruction, to be delivered virtually. The District can utilize District staff or can contract with an agency. If the District and the Parents encounter a disagreement about the scheduling of services, the District shall contact this office and the investigator will make a determination. The Parents are free to decline the offer of compensatory education in whole or in part. The District shall provide this office with monthly reports documenting the delivery of these services. The District shall deliver all of the services on or before June 30, 2025. On or before July 15, 2025, the District shall provide copies of items 1, 2 and 3 above to the state (at laura.luna@ct.gov). Receipt of verification that items 1, 2 and 3 above have been completed shall satisfy the required corrective actions of this complaint.