Complaint Summary

Date Findings Report Sent: 

October 28, 2025

Case Number:

25-0598

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Southington Public Schools

Allegation(s):

• According to the Parent, the District failed to include her in deciding the location of the IAES. (34 CFR § 300.531) According to the Parent, the Student was not provided educational instruction from the time he left one diagnostic placement until the time he started at his second diagnostic placement. The Parent alleged that she was not provided the opportunity to meaningfully participate in the Planning and Placement Teams (PPT) during the 2024-2025 academic school year. (RCSA § 10-76d-12) The Parent is alleging that the District violated the State and Federal initial evaluation timelines. (Regulations of Connecticut State Agencies (RCSA) § 10-76d-7) According to the Parent, the Student was sent home more than 89 minutes early on March 11, 2025. Therefore, the Parent asserts that the Student was removed from school beyond the 10-day threshold. The days that the Student was reportedly removed were not consecutive days. (34 CFR § 300.530(f)) The Parent claims that she submitted a FERPA request to the District on March 11, 2025 and did not receive the records until June 18, 2025. (Regulations of Connecticut State Agencies (RCSA) § 10-76d-18) In accordance with RCSA § 10-76d-18, the District is required to maintain educational records for students referred for or receiving special education services and to provide parents the right to inspect and review those records, including one free copy upon written request within 10 school days. The parent submitted a FERPA request on May 7, 2025. On June 18, 2025, the District responded, noting that the documents had already been disclosed through a prior FOIA request and that certain records, such as employee medical files, were not subject to disclosure. Additionally, in September 2024 and February 2025, emails were inadvertently sent to an incorrect address resembling the parent’s. Upon notification, the District and its counsel took immediate corrective steps, including blocking the erroneous address and notifying the State Department of Education. No corrective action was required. 

Conclusion(s):

• The Student was originally transitioned to an in-district diagnostic placement. The goal of the placement was to work on the Student’s writing and to collect data. After four days of being at the diagnostic placement, the Student became dysregulated and injured three staff. Due to the incident, the Student was removed to an IAES, which also served as a diagnostic placement. Two locations were immediately available to accommodate the Student. However, the District agreed to have the Parent visit each location and determine which would be the best option. Additionally, the District funded a BCBA-D to visit the placements and review the options with the family. For that reason, the District is not in violation of 34 CFR § 300.531. No Corrective Action required.
• The Student had not been identified as a Student with a disability under IDEA. However, the Student was required to receive instructional services while awaiting placement. The Student was in the referral process and, as such, was afforded the protections under IDEA. The only education that the Student received was packets from the teacher at the in-district diagnostic placement. The Student should have received Instruction in the home. The team should have determined that home-based instruction was the least restrictive environment appropriate to meet the Student’s needs. The amount of instruction would have been limited but would have allowed the Student to make educational progress. Therefore, Corrective action is required.
• In compliance with the Regulations of Connecticut State Agencies (RCSA) § 10-76d-12, and federal regulations under 34 CFR § 300.322(a) and 34 CFR § 300.501(b), the District took appropriate and timely steps to ensure parental participation in the Planning and Placement Team (PPT) process. The Parents were provided with written notice of each PPT meeting well in advance, allowing sufficient time to make arrangements to attend. Meetings were scheduled at mutually agreed upon times and locations to facilitate their participation. The parents attended the meetings and actively engaged in discussions regarding their child’s educational needs, services, and placement. Their input was considered throughout the decision-making process, consistent with their rights under state and federal special education law. Therefore, no corrective action is required.
• The Student was referred for special education and related services on December 9, 2024 by the School Based Intervention Team. The PPT team met thirteen school days later to review the referral. The Parent did not sign consent to evaluate the Student until February 26, 2025. While awaiting consent, the clock is considered paused. Additionally, the District recommended a trial placement for diagnostic purposes. The Student was found eligible for special education and related services on June 25, 2025. Although the entire process took 93 days from start to finish, only 78 of those days passed between the Parent signing consent for evaluation and the Student being found eligible for special education and related services. No corrective actions required.
• In accordance with 34 CFR § 300.530(e), the student was not removed from his educational placement for more than 10 consecutive or cumulative school days. On March 11, 2025, the Student’s grandmother picked him up at school and took him home. As such, the removal did not constitute a change in placement under IDEA, and the procedural requirements related to manifestation determination, functional behavioral assessment, and behavior intervention plan development were not triggered. No corrective action required.
• In accordance with RCSA § 10-76d-18, the District is required to maintain educational records for students referred for or receiving special education services and to provide parents the right to inspect and review those records, including one free copy upon written request within 10 school days. The parent submitted a FERPA request on May 7, 2025. On June 18, 2025, the District responded, noting that the documents had already been disclosed through a prior FOIA request and that certain records, such as employee medical files, were not subject to disclosure. Additionally, in September 2024 and February 2025, emails were inadvertently sent to an incorrect address resembling the parent’s. Upon notification, the District and its counsel took immediate corrective steps, including blocking the erroneous address and notifying the State Department of Education. No corrective action was required.

Corrective Action(s):

• The District must provide the Student with compensatory education to make up for the time missed (38 days) when he was at home in between diagnostic placements. The District provided 17 hours of tutorial services between August 5 through August 27, 2025. The total number of hours awarded for this compensatory education is 25 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. The District shall deliver all the services on or before June 12, 2026. The PPT team should also consider options to support the Student’s attendance in a less restrictive environment (while awaiting an out-of-district placement) such as district buildings, schools or offices with appropriate supports and personnel. If an appropriate less restrictive option is found, initiate that change and remove the Student from instruction in the home to the less restrictive environment. If the Student has not begun attending an out-of-district placement by February 18, 2026, the District shall begin providing the Student with a district-run program similar to that which the District intended to provide to the Student in an out-of-district placement (not instruction in the home). Such district-run program may be provided with the intention that it be either a permanent placement or until such time that the Student begins attending an appropriate out-of-district placement, which ever represents the Student’s LRE.