Complaint Summary

Date Findings Report Sent:

May 09, 2025

Case Number:

25-0461

Grade Level:

Elementary

Person filing complaint:

Attorney

School District:

Waterbury Public Schools (single student)

Allegation(s):

• Failure to ensure that a Planning and Placement Team (PPT) reviews the Student’s IEP periodically, but not less than annually, to determine whether the annual goals for the Student are being achieved; and revise the IEP, as appropriate (34 CFR § 300.324(b) and RCSA §10-76d-1)

Conclusion(s):

• The District is in violation of 34 CFR § 300.324(b) and RCSA §10-76d-1. The District did not hold a PPT meeting to conduct the Student’s annual review until more than four months after the annual review timeline. Although the District made attempts to schedule the PPT meeting, the dates offered were after the annual review timeline.
• The Student made appropriate progress on IEP goals and objectives. Present levels of performance in all areas were updated on the Student’s IEP. The Student’s current IEP shows evidence of progress in the present levels of performance.
• The District has since held a PPT meeting to conduct the Student’s annual review, update present levels of performance, and update goals and objectives in all goal areas. At the PPT meeting, the PPT did not recommend to increase any services for the Student. The PPT recommended to decrease the Student’s literacy and counseling services. For the time between the end date of the IEP and the date the annual review was held, the Student did not miss any services because additional services were not added or increased at the annual review. At the annual review, the PPT also recommended compensatory services for 36 hours of specialized instruction in reading and 1 hour of specialized instruction in math. For these reasons, compensatory services are not required as a required corrective action of the District’s violation of 34 CFR § 300.324(b) and RCSA §10-76d-1.

Corrective Action(s):

• The District must review 34 CFR § 300.324(b) and RCSA §10-76d-1 with appropriate personnel on the LEA’s requirement to review students’ IEPs periodically, but not less than annually, to determine whether annual goals for the student are being achieved; and revise the IEP, as appropriate. Such review must take place no later than June 30, 2025. The District may determine the appropriate personnel to participate in the review.
• No later than June 30, 2025, the District shall provide the CSDE with an attestation that the review has occurred.
• For the next 10 annual reviews required for students in the District, the District shall submit to this investigator documentation that the annual reviews were held in accordance with the required timelines. Documentation shall be sent to the CSDE.