Complaint Summary

Date Findings Report Sent:

June 12, 2025

Case Number:

25-0549

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Seymour Public Schools

Allegation(s):

• Failing to allow the Parents to participate in PPT meetings with respect to the Student’s educational placement and the provision of FAPE for the Student. (34 CFR §§ 300.321(a)(1) and 34 CFR 300.324(a)(1)(ii)).
• The Parents claimed that the Staff failed to have up-to-date training when they administered emergency restraints or seclusions with their child.
• The Parents claim that the inappropriately utilized emergency restraint and seclusion as a response to their child’s behavior.

Conclusion(s):

• In this case, the Parents were afforded adequate opportunity to participate. They actively participated in discussions regarding their child’s primary disability category, along with his services. Therefore, the District was not in violation of 34 CFR § 300.321 (a)(1) or 34 CFR § 300.324 (a)(1) (ii). No Corrective Action Required.
• According to the documentation provided by the District, all staff involved in the use of emergency seclusion with the Student had current training on the proper means of performing physical restraint or seclusion. Additionally, staff have been trained on the updates to the CT legislation regarding the emergency use of restraint and seclusion. For this reason, the District is not in violation of Public Act (PA) 18-51 and Conn. Gen. Stat. § 10-236b(d). No Corrective Action Required.
• In this case, the Student had a total of fifty-three instances of restraint, including forcible escorts, and seclusions during the period under review. There were two instances where it was unclear if the Student was forcibly escorted and secluded as an emergency intervention to prevent immediate or immediate injury to himself or others. Therefore, there is a violation of PA 18-51. Corrective action is required.

Corrective Action(s):

1. The District is obligated to provide a training to staff that work with the Student regarding the laws and regulations regarding the use of restraint and seclusion. Specifically, these staff members will be provided with training related to the laws around the emergency use of physical restraint and seclusion and the required monitoring and reporting of restraint and seclusion. All staff should be trained on when to use a restraint or seclusion (emergency vs. non-emergency situations); requirements to document a restraint or seclusion incident; verbal defusing or de-escalation strategies; prevention strategies; and parental notification requirements by September 30, 2025. The training can be a part of professional development. An agenda for the training and a list of attendees must be submitted to this office.