Norwalk 25-0237

Complaint Summary

Date Findings Report Sent:

June 20, 2025

Case Number:

25-0237

Grade Level:

High school

Person filing complaint:

Attorney

School District:

Norwalk Public Schools (single student)

Allegation(s):

  • The Attorney alleged that the Student was a part-time resident of Norwalk beginning in the summer of 2023, but the District did not comply with its child find responsibilities and convene a PPT meeting, develop and implement an IEP at that time.
  • 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. 34 CFR § 300.323(f) requires if a child with a disability who had an IEP that was in effect in a public agency in another State transfers to a public agency in a new State, and enrolls in a new school within the same school year, the new public agency (in consultation with the parents) must provide the child with FAPE (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency (1) conducts an evaluation (if determined to be necessary by the new public agency); and develops, adopts, and implements a new IEP, if appropriate.

Conclusion(s):

  • The IDEA does not articulate the rules for determining a Student’s residency for the purposes of child find and other requirements under the IDEA, and therefore one must look to State law. Pursuant to the General Statutes of Connecticut § 10-186 a child residing in a dwelling in more than one town in Connecticut shall be considered a resident of each town in which the dwelling is located and may attend school in any one of such towns. Given that the Attorney informed the District that the Student resided in a dwelling in Stamford and in a dwelling in Norwalk, it was reasonable for the District to require the Attorney, on behalf of the Parents, to identify the primary residence of the Student. Once the Parent identified Norwalk as the primary residence through the registration process on May 30, 2024, the District promptly convened a PPT meeting. Thus, no violation of 34 CFR § 300.111 and RCSA § 10-76d-6 is found, and no corrective action is required.

Corrective Action(s):

  • No corrective actions ordered.