Complaint Summary

Date Findings Report Sent:

December 20, 2024

Case Number:

25-0220

Grade Level:

High school

Person filing complaint:

Parent

School District:

Greenwich Public Schools (single student)

Allegation(s):

• The Parent alleges that the District was aware that the Student’s needs were not being met and violated their Child Find obligations by not referring the Student for special education and related services prior to the Parent’s referral in April 2024 (34 CFR § 300.111 and RCSA § 10-76d-7).

Conclusion(s):

• At the 504 meeting on February 28, 2024, the Parent expressed concerns with the Student’s grades and attendance as well as work completion for the third marking period. This was following the second marking period in which the Student failed five of her seven classes. In the minutes from the 504 meeting, the District reviewed the accommodations and supports in the Student’s existing 504 plan and acknowledged that the Student was not accessing the supports either due to Student refusal or Student absences. The accommodations in the 504 plan were not updated with the exception of the suggested additional support of peer tutoring (not reflected in the accommodations section of the 504 plan) of which the Student refused the day after the 504 meeting was held. Based on the Student’s attendance and academic progress as well as the acknowledgement in the 504 meeting that the Student was not accessing the accommodations in the 504 plan, it is concluded that the supports in the Student’s 504 were not adequately supporting the student to access general education (see Fact #13). It is also noted that despite the Student’s struggles with attendance, engagement, and academic progress, the annual review 504 meeting held on February 28, 2024, was the first 504 meeting held during the 2023-2024 school year and was only held earlier than the required annual review date of May 4, 2024, because of the Parent’s request and the school counselor’s request to hold the Student’s annual review prior to the counselor’s maternity leave. The findings of fact outlined in this report summarize the District’s regular communication with the Parent and Student and supports offered to the Student by school staff throughout the school year. However, despite the District’s efforts, the Student continued to exhibit behaviors, attendance, and progress that were unsatisfactory or at a marginal level of acceptance. In response to this investigation, the District stated that the Student ended the previous school year with mostly As and Bs with the support of the 504 plan. The District should have initiated a prompt referral to a PPT to consider an initial evaluation to determine whether the Student was eligible for services as a student with a disability prior to the Parent’s request for a PPT meeting on April 3, 2024. The accumulated absences, unsatisfactory grades, and the Student’s refusal/lack of response to the 504 accommodations, indicated that the Student may have needed specialized instruction in order to make progress in the general education curriculum. It is determined that the District had enough information to refer the Student to a PPT to consider an initial evaluation to determine whether the Student was eligible as a student with a disability in February 2024 following the second marking and the Student’s 504 meeting which reviewed her limited progress and engagement. It is therefore concluded that the District violated their child find obligations as outlined in 34 CFR § 300.111 and RCSA § 10-76d-7. Corrective action is required.

Corrective Action(s):

1. The District must provide the Student with compensatory education services in order to place the Student in the position she would have obtained but for the District’s failure to act upon their child find obligations. The Student is to be provided compensatory education services in alignment with the recommendations of the PPT meeting held on June 5, 2024, in which the Student was found eligible for special education and related services.
   1. 18.55 hours of academic support (twenty-one 53 minute sessions)
   2. 5 hours of individual counseling (ten 30 minute sessions) A log must be kept for each individual service and include the date, time, length of session, service provider, and focus of the session. The CSDE must receive monthly updates on the completion of the compensatory education services beginning on February 1, 2025. The monthly logs must be sent to this investigator. All compensatory education services must be completed by June 30, 2025.
2. The District must provide building and special education administrators across the District with training on their child find obligations in accordance with 34 CFR § 300.111 and RCSA § 10-76d-7. Included in this training must be a review of the regulations as well as a review of this final report. An overview of the training including materials as well as staff signatures, titles, and date indicating the completion of the training must be submitted to this investigator on or before February 28, 2025.