Complaint Summary

Date Findings Report Sent:

February 20, 2025

Case Number:

25-0426

Grade Level:

Middle

Person filing complaint:

Advocate

School District:

New Haven Public Schools (single student)

Allegation(s):

• Failure to consider the concerns of the parents for enhancing the education of their child, failure to consider the academic, developmental, and functional needs of the child, failure to take special factors into consideration (34 CFR § 300.324(a))
• Failure to include a statement of the special education and related services and supplementary aids and services in the IEP to enable the child to advance appropriately toward attaining the annual goals; to be involved in and make progress in the general education curriculum, and to participate in extracurricular and other nonacademic activities; and to be educated and participate with other children with disabilities and nondisabled children in the activities described in this section (34 CFR § 300.320(a)(4))
• Failure to review, under a manifestation determination, all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents (34 CFR § 300.530(e)(1))
• Failure to afford the parents of a child with a disability an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child (34 CFR § 300.501(b)(1))
• Failure to follow the procedural requirements after making the determination that the conduct was a manifestation of the child’s disability (34 CFR § 300.530(f))

Conclusion(s):

• The District failed to take the Parent’s concerns, functional needs of the Student, and special factors into consideration when developing the Student’s IEP. Therefore, it is concluded that the District is in violation of both 34 CFR § 300.324(a)(1), 34 CFR § 300.324(a)(2), and 34 CFR § 300.320(a)(4) and corrective actions will follow.
• It is within the scope of the District to remove the Student to an IAES for not more than 45 school days if serious bodily injury has been inflicted upon another person while at school. Therefore, the District is not in violation of 34 CFR § 300.530(e)(1) or 34 CFR § 34 CFR § 300.501(b)(1).
• The District was in violation of 34 CFR § 300.530(f) because while they noted the recommendation to conduct an FBA in the Record of Meeting, they did not issue prior written notice at that time. However, prior written notice for the FBA was later so there will be no corrective action.

Corrective Action(s):

• The District is to convene a PPT to revise the current IEP to ensure that all goals, objectives and supplementary aids address the Student’s individual needs. Additional information is needed to make these determinations. Targeted assessments should be discussed and recommended, if the Parent provides consent.