Complaint Summary

Date Findings Report Sent:

July 11, 2025

Case Number:

25-0632

Grade Level:

High school

Person filing complaint:

Attorney

School District:

New Haven Public Schools

Allegation(s):

• Failing to provide the Student with special education and related services in accordance with his IEP (34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3)).
• The Attorneys reported that the Student was unnecessarily restrained on multiple occasions.

Conclusion(s):

• In this case, the Student was enrolled in the multi disabilities program. The classroom was initially instructed by a full-time special education teacher with the support of paraeducators. In February 2025, the special education teacher took a leave of absence. The classroom instruction was subsequently covered by two district special education teachers for approximately one hour and a half per day with the support of classroom paraeducators. According to the Student’s IEP, the Student was required to receive 1200 minutes of academic skills and 200 minutes of transition services per week. These services were to be implemented by a full-time special education teacher and para-educator staff in a self-contained classroom. Additionally, the Student was mandated to receive 30 minutes of language/communication skills once a week. The District and the substitute’s failure to implement the Student’s IEP as written was a violation of 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3). Corrective Action Required.
• Additionally, while conducting this investigation, it was discovered that progress reports had not been provided to the family as often as required per the Student’s IEP. Progress reports were to be issued consistent with grade level report cards. The District failed to provide the Parent with consistent progress reports during the 2024-2025 academic school year. Therefore, the District is in violation of 34 CFR § 300.320(a)(3). Corrective action is required.
• The District reported that the use of restraint was restricted to emergency situations when the Student did not respond to interventions such as redirecting. When a restraint occurred, the District would notify the Parent verbally at the end of the school day. The Parent never received a copy of the written incident report. The written incidents reports of restraint were not entered in CT SEDS. Therefore, the District is in violation of Conn. Gen. Stat. §§ 10-236b(b) and 10-236b(i). Corrective action is required.

Corrective Action(s):

1. The student will receive compensatory education to make up for the time missed in the areas of academic services and transition services. This compensatory education is based on the presumption that a special education teacher would be present in the classroom, along with a paraeducator, at all times. The total number of hours awarded for this compensatory education is 50 hours. This provision aims to ensure that the student receives the necessary support to address any gaps in his education and to facilitate his continued progress and development. The compensatory education can be conducted at the determination of the parent. If the District and the Parent encounter a disagreement about the scheduling of services, the District shall contact this office and the investigator will decide. The Parent is free to decline the offer of compensatory education in whole or in part. The District shall provide this office with monthly reports documenting the delivery of these services.
2. The District has already agreed to compensatory services in language/communication skills with a speech and language therapist. It is reported that the team agreed upon 15 hours of compensatory time. The District will submit monthly documentation of hours provided.
3. The District must provide training to all special education teachers, administrators, paraeducators and related services providers on progress reporting. The training may be a part of regularly scheduled professional development for staff. An agenda for the training and a list of attendees must be submitted to this office. The training must be completed by September 30, 2025.
4. Additionally, the District will make certain that progress reporting is completed for the Student as is written in his IEP. The District will notify this office when progress reports are issued for the 2025-2026 academic year, according to the schedule in the Student’s IEP.
5. The District is obligated to work with its legal counsel to provide a training to all special education teachers, administrators, paraprofessionals and related service providers at James Hillhouse High School regarding the laws and regulations regarding the use of restraint and seclusion. Specifically, all staff will be provided training related to the laws around the emergency use of physical restraint and seclusion including the required monitoring and reporting of restraint and seclusion. All staff must be trained on: what may or may not constitute imminent risk and therefore warrants the emergency use of restraint/seclusion; requirements to document a restraint or seclusion incident; verbal defusing or de-escalation strategies; prevention strategies; and parental notification requirements no later than September 30, 2025. An agenda for the training and a list of attendees must be submitted to this office.
6. The District will also establish a point of contact for the emergency use of restraint and seclusion to liaison with the CSDE for the 2025-26 school year. The person will provide quarterly updates to the CSDE regarding trainings, incidents of restraint/seclusion, documentation, and parent notifications.