Complaint Summary

Date:

September 23, 2025

Case Number:

25-0690

Grade Level:

Elementary

Person filing complaint:

Advocate

School District:

Easton Public Schools

Allegation(s):

• 34 CFR § 300.106 failure to provide appropriate extended school year services that are necessary for the provision of free appropriate public education (FAPE) to the child.
• 34 CFR § 300.114 failure of the LEA to ensure that, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
• 34 CFR § 300.114 failure of the LEA to ensure that, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
• 34 CFR § 300.115(a-b) failure of the LEA to ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services, including "instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions.”
• 34 CFR § 300.503 and RCSA §10-76d-8 failure of the LEA to provide parents of a child with a disability with written notice before the board refused to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education (“FAPE”) to the child.
• 34 CFR § 300.321 and RCSA § 10-76d-10 failure of the LEA to ensure that PPT membership includes, among other persons, a public agency representative who is knowledgeable about the general education curriculum and is knowledgeable about the availability of resources of the public agency.

Conclusion(s):

• Through the PPT process, the Student was determined eligible for ESY services based upon the identified standards for determining need (i.e., regression-recoupment, significantly jeopardized, additional factors). When recommending an appropriate ESY program, the District took into consideration the Student’s individual needs and ensured that the services recommended were designed to provide meaningful educational benefit. Therefore, the District is in compliance with 34 CFR § 300.106, § 300.114, and 34 CFR § 300.115(a-b). PWN must be provided to parents before the initiation or change of identification, evaluation, or educational placement, or the provision of FAPE. Whether or not a specific ESY program was discussed at the PPT meeting on April 29, 2025, the ESY services listed in the IEP were not recommended to change, and therefore no PWN is required. Consequently, the District is in compliance with 34 CFR § 300.503 and RCSA §10-76d-8. In consideration of the contradictory statements regarding the discussion of ESY programmatic requests, and without a recording of the PPT meeting on April 29, 2025, there is no conclusive evidence to support either position. The District’s PPT membership on April 29, 2025, meets the requirement of including an individual knowledgeable about the general education curriculum and the availability of resources of the public agency; therefore, the District is in compliance with 34 CFR § 300.321 and RCSA § 10-76d-10.

Corrective Action(s):

• No required corrective actions