Complaint Summary

Date Findings Report Sent:

June 20, 2025

Case Number:

25-0240

Grade Level:

High school

Person filing complaint:

Attorney

School District:

Greenwich Public Schools (single student)

Allegation(s):

• The Attorney alleged that the Student was placed at Eagle Hill School in the District beginning with the commencement of the 2023-2024 school year and the District failed to comply with its child find responsibilities
• 34 CFR § 300.111 and Regulations of Connecticut State Agencies (RCSA) § 10-76d-6 requires that each board of education shall ensure that children with disabilities residing in their town, including children who are educated at home, homeless children, children who are wards of the state and children attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are located, identified and evaluated in accordance with the IDEA. This responsibility shall include cooperating with other agencies in a position to identify children with disabilities.

Conclusion(s):

• Under 34 CFR. § 300.131, the LEA where private schools are located is responsible for locating, identifying, and evaluating all children with disabilities who are enrolled by their parents in private, including religious, elementary schools, as defined in 34 CFR § 300.13, and secondary schools, as defined in 34 CFR. § 300.36, located in the LEA. In this case, the District correctly acknowledged its child find responsibilities under the IDEA. However, the District incorrectly relied on another state’s eligibility determination to meet this obligation. Each state has its own eligibility criteria. U.S.C. § 1401(3)(A) defines a “child with a disability” as a child (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services. When the Attorney sent a referral to the District on December 5, 2023, the District had an obligation to process to convene a PPT meeting to discuss the referral, because at that time the District had not yet made a determination that the Student was in need of special education in the District. Therefore, the District is found in violation of 34 CFR. § 300.13 and corrective action is required..

Corrective Action(s):

• The District shall convene a PPT for the Student within the first month of the 2025-26 school year. The District is free to conduct a PPT for the Student before the above-mentioned timeframe, if feasible, during the summer months.