Teacher of the Year Ceremony
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Waterbury 25-0415

Complaint Summary

Date Findings Report Sent:

April 15, 2025

Case Number:

25-0415

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Waterbury Public Schools

Allegation(s):

  • Failure to provide special education and related services in conformity with the IEP 34 CFR § 300.17(d) Failure to provide the Parent with the right to inspect and review educational records relating to their child which are collected, maintained or used by the board of education (RCSA § 10-76d-18(a) (1-2) Failure to provide a free appropriate public education (FAPE) to the Student by offering an IEP that is reasonably calculated to enable the Student to make progress that is more than de minimis and is appropriate in the light of the Student’s circumstances (34 CFR § 300.101)

Conclusion(s):

  • The District is in violation of 34 CFR § 300.17(d). The District indicated that the Student’s BIP was implemented for the 2024-2025 school year and provided pictures of the Student’s timer, token board, choice boards, First/Then chart, and visual expectations. The BIP notes to “re-meet as needed based on data collection to adjust the BIP”. A PPT meeting was held, to review the BIP, in which the BIP includes the same plan that was in the previous BIP. As evidenced by the data collected on the target behaviors, the Student’s instances of elopement and aggression did not decrease throughout the school year. Because of the lack of decrease in the Student’s targeted behaviors, the District was obligated to re-meet in order to revise the BIP. The District is in violation of RCSA § 10-76d-18(a) (1-2). The District indicated that data is collected on the Student’s behaviors identified in the Student’s BIP. The District considers this data Educational Records. The District indicated that tally charts and behavior logs have been provided to the Parent daily until October 21, 2024, when the Parent requested the data is no longer be sent home. On December 2, 2024, the Parent emailed the District stating, “I am requesting the behavior reports daily again”. At the PPT meeting on December 20, 2024, data on the Student’s behaviors identified in the Student’s BIP were reviewed and the Parents were provided with hard copies of the data. Data collected on the Student’s behaviors identified in the Student’s BIP was not provided to the Parent after the PPT meeting on December 20, 2024, to the date the complaint was filed. The District is in violation of 34 CFR § 300.101 The PPT recommended that the Student was on a shortened day from the start of the 2024-2025 school, to September 30, 2024 (21 school days). The IEP for this period indicated that the length of the Student’s school day was 6.25 hours per day. The Student was dismissed from school at 1:00PM from the start of the school year to September 30, 2024. The Student’s length of school day increased to a full day from October 1, 2024, to November 17, 2024. The Student’s length of school day was shortened from November 18, 2024, to present. The Student’s IEP for this period until a PPT was held on February 13, 2025, indicates that the Student’s length of school day was 6.25 hours per day (21 school days). The Student was dismissed from school at 1:00PM from November 18, 2024, to present day. The IEP created from the PPT meeting held on February 13, 2025, indicates that the Student’s length of school day is 4.5 hours per day. Despite the PPT recommending a shorter day from August 26, 2024, to September 30, 2024, and from November 18, 2024, to present, the IEP did not reflect the shortened day until February 13, 2025. For 42 school days, the Student was dismissed from school at 1:00PM, which means the Student was not in school for 6.25 hours per day in accordance with the Student’s IEP. In addition, it is unclear if the Student made progress on IEP goals and objectives because there are no progress reports for the timeline of the start of the 2024-2025 school year to the date of the complaint. The Student’s IEP states that progress toward meeting annual goals and objectives will be provided to the Parent consistent with general education grade-level report cards. The District is also in violation of 34 CFR § 300.320(a)(3) for not providing a description of how the Student’s progress toward meeting the annual goals consistent with general education grade-level report cards as stated in the Student’s IEP. Through the course of this investigation, there was enough evidence to confirm that the Student was sent home early from school on at least four occasions. When making a determination regarding a potential denial of FAPE, a student’s access to their education and progress in the general education curriculum needs to be examined. The Student’s progress on IEP goals and objectives is unclear as there are no progress reports on IEP goals and objectives from the start of the 2024-2025 school year to the filing date of the complaint. It is determined that the District did not provide a free appropriate public education in accordance with 34 CFR § 300.101 and therefore is in violation.

Corrective Action(s):

  • No later than June 30, 2025, the District shall provide training to appropriate staff in the review and revision of behavior intervention plans. Such training may be in a form chosen by the District (e.g., memorandum, video, live, etc). The District may determine the appropriate personnel to participate in such training. The District shall provide the State with an attestation that the training has occurred. No later than June 30, 2025, the District shall provide training in the documentation and provision of education records to appropriate personnel. Such training may be in a form chosen by the District (e.g., memorandum, video, live, etc). The District may determine the appropriate personnel to participate in such training. The District shall provide the State with an attestation that the training has occurred. On or before May 15, 2025, the District must develop a compensatory service plan to provide the Student with 42 hours of academic and/or behavior skills. The full measure of missed service hours must be delivered to the Student no later than February 1, 2026.On or before May 15, 2025, the District must send a copy of the compensatory service plan to the State. Immediately upon delivery of the Student’s full measure of compensatory services, the District shall inform the State. On or before May 30, 2025, the District must have a BCBA conduct an FBA. The FBA and resulting BIP must be sent to the State. At the May 2025 PPT meeting to review the Student’s reevaluation, the District must update the Student’s IEP to address the Student’s behaviors, the Student’s limited progress on IEP goals and objectives, and determine the Student’s least restrictive environment. On or before June 30, 2025, the District shall provide training to appropriate staff in the documentation of Student progress on IEP goals and objectives in accordance with the Students’ IEPs. Such training may be in a form chosen by the District (e.g., memorandum, video, live, etc). The District may determine the appropriate personnel to participate in such training. The District shall provide the State with an attestation that the training has occurred. On or before June 30, 2025, the District must review Section 10-233-a through Section 10-233-c of the Connecticut General Statutes with all administrators. The District shall provide the CSDE with an attestation that the review of Section 10-233-a through Section 10-233-c of the Connecticut General Statutes has occurred.