Complaint Summary

Date Findings Report Sent:

May 20, 2025 (filed), July 18, 2025 (final report issued)

Case Number:

25-0625

Grade Level:

Middle and High School

Person filing complaint:

Attorneys

School District:

New Haven Public Schools (systemic)

Allegation(s):

Issue 1:

34 CFR §§ 300.323(c)(2) and 300.17 and Regulations of Connecticut State Agencies (RCSA) § 10-76d-1(a)(1) require each board of education to provide in a timely way special education and related services in accordance with the student’s IEP.

RCSA § 10-76d-15 requires that a LEA must provide instruction to a child when such child is unable to attend school due to a verified medical reason which may include mental health issues.  In such a circumstance, the child’s treating physician must provide a statement in writing directly to the LEA, on a form provided by the LEA, stating the physician has consulted with school health supervisory personnel and has determined the student cannot attend school due to a verified medical reason, the child’s diagnosis with supporting documentation and the expected date the student will be able to return to school.

RCSA § 10-76d-15(b)(3) requires that homebound and hospitalized instruction shall be as specified in the child’s individualized education program and that in the case of a child receiving special education and related services, the planning and placement team shall, where necessary, modify short-term instructional objectives in the child’s individualized education program.

Conclusion(s):

Student 1:

The Student was not provided with any instruction from the time of his release from the hospital on October 2, 2024, through November 18, 2024.  During that time period, based on the minimum requirement for 2 hours per day of homebound instruction, the Student should have been provided with a minimum of 58 hours of homebound instruction.  Although Pathways Academy provided the Student with a homebound tutor from November 19, 2024, through January 17, 2025, the tutor was not a certified teacher.  Homebound instruction must be provided by a certified teacher.  While homebound instruction was provided by the District from January 21, 2025, through March 14, 2025, the instruction remained inconsistent at times and was only offered virtually with limited adult support.  The Student’s attorney and Parent expressed concerns with the virtual instruction and limited adult support to the District.  The Student was not provided with any instruction from March 31, 2025, through April 4, 2025, when the Student began attending a new school program in person.  It is concluded that the District violated 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA §§ 10-76d-1(a)(1) and RCSA § 10-76d-15 by not providing the Student with the minimally required number of homebound instruction hours by a certified teacher.  Corrective action is required.

While it is not disputed that the Student was hospitalized, and then recovered at home, the District did not receive anything in writing from a treating physician regarding a verified medical reason for homebound instruction.  RCSA § 10-76d-15 requires the LEA to provide instruction to a child when such child is unable to attend school due to a verified medical reason documented by a written statement from the treating physician.  Despite the absence of the required documentation for homebound instruction, the Student was not attending school in person beginning September 2, 2024, and the Parent communicated the status of the Student and details of the Student’s hospitalization and subsequent recovery process with Pathways Academy.  Given this information, the District was obligated to convene a PPT meeting to review and revise the Student’s IEP and plan for appropriate services.  The Student’s IEP was not revised until November 27, 2024.  Furthermore, the District was provided with a doctor’s note on January 13, 2025, medically clearing the Student to return to school.  The District continued to recommend homebound instruction at a PPT meeting held on January 28, 2025, pending a new placement in an approved private special education program (APSEP), which was not a sufficient reason for homebound instruction.  The PPT may recommend instruction in the home in accordance with 34 CFR § 300.115(b)(1) which identifies home instruction as an alternative placement listed in the definition of special education under § 300.38, as the Student’s least restrictive environment (LRE).  Instruction in the home was available to the Student pursuant to the IDEA’s obligation for a District to provide a continuum of alternative placements in the Student’s LRE.  It is therefore determined that the District violated RCSA § 10-76d-15 by not properly following the procedure for homebound instruction and not convening a PPT meeting when they were not provided with the required documentation for homebound instruction.  Corrective action is required.

Student 2:

RCSA § 10-76d-15(c)(1) requires that instruction begin no later than the eleventh day of absence from school provided the Board has received notice in writing that meets the requirements of the provision of homebound instruction for a verified medical reason.  The District’s receipt of the homebound instruction request form on January 30, 2025, should have resulted in the Student’s homebound instruction beginning no later than February 19, 2025.  The Student’s homebound instruction did not begin until May 1, 2025.  It is concluded that the District violated 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA §§ 10-76d-1(a)(1) and RCSA § 10-76d-15 by not providing the Student with the minimally required homebound instruction hours following the documentation of a verified medical reason.  Corrective action is required.

The Student’s physician provided a doctor’s note on January 30, 2025, for homebound instruction.  The Student’s IEP dated February 24, 2025, recommended an out of district placement.  The District is currently providing the Student with homebound instruction, while also attempting to identify an out of district placement.  The Student’s IEP still does not recommend or indicate homebound instruction.  RCSA § 10-76d-15(b)(3) requires that homebound and hospitalized instruction shall be as specified in the child’s individualized education program and that in the case of a child receiving special education and related services, the planning and placement team shall, where necessary, modify short-term instructional objectives in the child’s individualized education program. Therefore, it is determined that the District violated RCSA § 10-76d-15(b)(3).  Corrective action is required.

Student 3:

The District did not follow the required procedures for recommending homebound instruction as they did not have a written statement from the Student’s treating physician indicating that the Student could not attend school due to a verified medical reason.  The recommendation for homebound instruction while the Student was pending a new placement in an approved private special education program (APSEP), was not a sufficient reason for homebound instruction.  A PPT may recommend instruction in the home in accordance with 34 CFR § 300.115(b)(1) which identifies home instruction as an alternative placement listed in the definition of special education under § 300.38, as the Student’s least restrictive environment (LRE).  It is determined that the District violated RCSA § 10-76d-15 as the Student was not unable to attend school due to a verified medical reason which may include mental health issues.  Instruction in the home was however available to the Student pursuant to the IDEA’s obligation for a District to provide a continuum of alternative placements in the Student’s LRE.  Corrective action is required.

There is a significant discrepancy between the Parent’s allegation and account of the events surrounding the Student’s instruction in the home and the instruction in the home logs completed by the assigned instruction in the home tutor.  While this investigator is unable to determine what instruction was actually delivered, based on the information provided during this investigation, the instruction in the home logs cannot be viewed as accurate documentation of the instruction provided to the Student.  Even though the District was unaware that there were issues with delivery of the instruction, the District was still responsible for the provision of service.  It is concluded that the District violated 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA §§ 10-76d-1(a)(1) and RCSA § 10-76d-15 by not providing the Student with the minimally required services in accordance with his IEP.  Corrective action is required.

There is further discrepancy with regard to the Student’s related services in his IEP.  The Student had the related services of counseling and occupational therapy in his IEP prior to January 9, 2025, when the change in placement was recommended.  Under the recommendations section of the IEP dated January 9, 2025, the recommendation was made for, “Homebound tutoring for 2 hours daily pending placement.”  The service grid of the Student’s special education and related services was updated to reflect the 120 minutes five times per week of homebound instruction, but the related services were not updated or removed.  The PWN and Summary of the Planning and Placement Team (PPT) Meeting document both dated January 9, 2025, indicated 2 hours of “homebound tutoring pending placement.”  The Student was not provided with counseling or occupational therapy while he was receiving instruction in the home and based on the review of all documentation for the PPT meeting and recommendations, it is concluded that the related services were not intended to be provided while the Student was pending a new out of district placement, and that their inclusion on the IEP was due to a clerical error.

Corrective Action(s):

Student 1:

1. The District must create and provide a compensatory education plan for the Student based on the lack of homebound instruction from October 2, 2024, through November 18, 2024, the lack of appropriate and consistent homebound instruction from November 19, 2024, through January 17, 2025, as well as missed services from January 21, 2025, through April 3, 2025.The Student is to receive a total of 113 hours of Academic Skills Instruction.A copy of this plan must be provided to this investigator no later than August 29, 2025.The compensatory education plan must begin no later than September 2, 2025, and may begin sooner.The District must provide this office with monthly updates on the delivery of services until the compensatory education hours are delivered in full beginning on October 1, 2025.All services under the compensatory education plan must be delivered in full on or before June 30, 2026.

Student 2:

1. The District must create and provide a compensatory education plan for the Student based on the lack of homebound instruction from February 19, 2025, through April 30, 2025, as well as 2 missed hours between May 1, 2025, and May 20, 2025.The Student is to receive a total of 92 hours of Academic Skills Instruction.A copy of this plan must be provided to this investigator no later than August 29, 2025.The compensatory education plan must begin no later than September 2, 2025, and may begin sooner.The District must provide this office with monthly updates on the delivery of services until the compensatory education hours are delivered in full beginning on October 1, 2025.All services under the compensatory education plan must be delivered in full on or before June 30, 2026. 
2. The District must convene a PPT meeting no later than August 18, 2025, to review and revise the current service hours and goals and objectives, if necessary, to ensure that the Student is receiving a free and appropriate public education (FAPE) while on homebound instruction.Homebound instruction must be accurately reflected in the Student’s IEP.The District must get an update from the Student’s physician regarding the continued need for homebound instruction in order to determine and reflect in the IEP if the Student is to receive homebound instruction due to a verified medical reason or if the Student is to receive instruction in the home pending an out of district placement.The District must notify this investigator when the IEP is finalized in CT-SEDS for review.
3. The District must provide this investigator with monthly updates on the District’s attempts to secure a new educational placement for this Student.The updates must be received on the first of each month and must include the applications made that month as well as responses from the programs.The first update is to be sent to this investigator on August 1, 2025.

Student 3:

1. The District must create and provide a compensatory education plan for the Student based on the inconclusive instruction logs from January 21, 2025, through March 3, 2025.The Student is to receive a total of 27 hours of Academic Skills Instruction.A copy of this plan must be provided to this investigator no later than August 29, 2025.The compensatory education plan must begin no later than September 2, 2025, and may begin sooner.The District must provide this office with monthly updates on the delivery of services until the compensatory education hours are delivered in full beginning on October 1, 2025.All services under the compensatory education plan must be delivered in full on or before June 30, 2026.

All Students

1. As a result of the findings of non-compliance for the named Students in this systemic complaint, the District must provide building and special education administrators across the District with training on RCSA § 10-76d-15 focusing on a Student’s eligibility for homebound instruction, the appropriate and intended use of homebound instruction as outlined in state and federal regulations, the required documentation for homebound instruction, and the proper documentation of homebound instruction in an IEP as well as the difference between homebound instruction and instruction in the home as an alternative placement in the Student’s LRE.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 no later than October 31, 2025.
2. As a result of the findings of non-compliance for the named Students in this systemic complaint, the District must provide to this investigator a document that includes all Students in the District on homebound instruction for the 2024-2025 school year and a list of all homebound instructors and their certification endorsement code(s).The document must include the Students’ name, date of birth, SASID, confirmation of documentation of a verified medical reason for homebound instruction, an explanation if there is no documentation of a verified medical reason, start and end date if applicable of homebound instruction, and individual homebound instruction logs for the 2024-2025 school year.This information must be provided to this investigator no later than October 18, 2025.Further corrective action may be ordered upon review of this information.
3. As a result of the findings of non-compliance for the named Students in this systemic complaint, the District must conduct a review of their current policies, procedures, and practices for homebound instruction and complete the following:
   1. Identify the staff role(s) (administrative assistant, supervisor, director, etc.) responsible for monitoring and tracking the delivery of homebound instruction and instruction in the home to Students across the District.
   2. Identify the specific increment of time in which homebound instruction and instruction in the home logs will be reviewed at the District level to ensure the delivery of services.
   3. Combine existing forms to create a comprehensive tracking form for Students receiving homebound instruction and instruction in the home to be used by all tutors.
   4. Develop a system for tracking missed homebound instruction and instruction in the home hours including the mode of parental notification and the plan for delivering missed services whenever applicable.
   5. Identify a pool of certified teachers or contracted agencies that will be available in a timely manner when a Student requires homebound instruction or instruction in the home with continuous recruitment efforts.
   6. Establish a procedure to confirm that all homebound instruction and instruction in the home tutors are certified teachers.
   7. Meet regularly with the teachers providing homebound instruction and/or instruction in the home to ensure that instruction is being provided with fidelity.
   8. Identify all Students currently receiving homebound instruction who are not actually eligible for homebound instruction due to a verified medical reason and return to PPT to review and determine the need for instruction in the home as a continuum of alternative placements.The instruction in the home must be accurately reflected in the updated IEPs as the Students’ least restrictive environment (LRE).
   9. Train applicable staff on the updated procedures and practices following the submission of this information to the CSDE.

The information in items a-g above must be sent to this investigator no later than October 18, 2025, for review.  Information regarding the updated IEPs including Students’ name and SASID for item h and completion of item i must be sent to this investigator no later than January 18, 2026.