Complaint Summary

Date Findings Report Sent:

July 24, 2025

Case Number:

25-0522

Grade Level:

Middle

Person filing complaint:

Attorney

School District:

Waterbury Public Schools

Allegation(s):

• 34 CFR § 300.502(a)(2) and RCSA §10-76d-9(a) failure to provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria as outlined in 34 CFR § 300.502(e)(1) including the location of the evaluation and the qualifications of the examiner (2) except for the criteria described in paragraph (e)(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.
• 34 CFR § 300.502(b)(2) failure to, if a parent requests an independent educational evaluation at public expense, (i) file a due process complaint to request a hearing to show that its evaluation is appropriate; or (ii) ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to §§300.507 through 300.513 that the evaluation obtained by the parent did not meet agency criteria.

Conclusion(s):

• The District’s criteria for approved vendors violates 34 CFR § 300.502(e)(1) as it imposes conditions and timelines related to obtaining an IEE.

Corrective Action(s):

• The District will revise its IEE criteria and provider “approval” process to be in compliance with 34 CFR § 300.502.
• Proceed with the agreed-upon IEE, as evidenced by a signed contract, without imposing overly restrictive criteria on the selection of evaluators/vendors, in compliance with 34 CFR § 300.502.