Complaint Summary

Date Findings Report Sent:

June 3, 2025

Case Number:

25-0358

Grade Level:

Middle

Person filing complaint:

Parent

School District:

Vernon (single student)

Allegation(s):

• Issue 1: The Parent alleged at least 1110 minutes of reading instruction required by the Student’s IEP was not provided to the Student. (34 CFR § 300.323(c)(2))
• Issue 2: The Parent alleged that the tools, methods and assessments listed in the Student’s Reading objectives to determine progress were not being used or were not being used with fidelity and that the bi-monthly or monthly progress was not being provided to the Parent as agreed to by the District. (34 CFR § 300.323(c)(2))

Conclusion(s):

• Related to Issue 1, from the beginning of the 2024-2025 school year through October 2025 the Student was not being provided with the full measure of the IEP required reading instruction. The Student was owed 10.5 hours of such instruction in compensatory services. It was concluded that the District was out of compliance with 34 CFR § 300.323(c)(2).
• Related to Issue 2, the investigation found that the District failed to provide the Parent with the agreed-to monthly progress updates on a regular basis and failed to conducted the required progress monitoring in compliance with the Student’s IEP reading objectives with fidelity. It was concluded that the District was out of compliance with 34 CFR § 300.323(c)(2).

Corrective Action(s):

1. Prior to the commencement of the District’s 2025-2026 school year on August 28, 2025, the District shall convene a PPT meeting for the purpose of developing a compensatory education plan, in collaboration with the Parent. Such plan:
   1. Shall be designed to provide the Student with a total of 10.5 hours of direct Reading instruction,
   2. Shall include instruction to be provided by the Student’s special education teacher or a certified reading specialist,
   3. Shall be provided in a manner so as not to remove the Student from other instruction required by her IEP,
   4. Shall be provided in full no later than January 30, 2026.
   5. The District shall provide a copy of such plan to the State as soon as developed.
2. Beginning immediately upon receipt of this report, the District shall begin the provision of the agreed-to progress monitoring reports monthly, with fidelity  to the Parent and to the State for June, September, October, November, and December 2025.
3. Beginning immediately, the District shall comply with the frequency of the progress monitoring requirements of the Student’s IEP objectives, as determined through the PPT process. The State is not requiring that a PPT may not make changes to the frequency through the PPT process. The District shall provide a list of all assessments used from the time of the receipt of this report until January 30, 2026, to progress monitor the Student’s IEP Reading objectives to the State no later than January 30, 2026. Such listing shall be provided in the following format (the IEP objective for which the assessment was given, the date the assessment was given, the name of the assessment (including teacher-made if it is teacher made).