Westport 25-0213

Complaint Summary

Date Findings Report Sent:

July 26, 2025

Case Number:

25-0213

Grade Level:

High school

Person filing complaint:

Attorney

School District:

Westport Public Schools (single student)

Allegation(s):

  • The Attorney alleged that the District failed to provide the Parents with a daily communication log, in accordance with the Student’s IEP dated May 17, 2024, from the beginning of the school year until the filing of this complaint on October 21, 2024. 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3) require each board of education to provide in a timely way special education and related services in accordance with a student’s individualized education program (IEP).
  • The Attorney alleged that the District has failed to provide the Parents with quarterly team meetings in accordance with the Student’s IEP dated May 17, 2024, from the beginning of the school year until the filing of this complaint on October 21, 2024. 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3) require each board of education to provide in a timely way special education and related services in accordance with a student’s individualized education program (IEP).
  • 34 CFR § 300.324(1) requires the planning and placement team (PPT) to consider the strengths of the child, the concerns of the parents for enhancing the education of their child, the results of the most recent evaluation of the child, and the academic, developmental, and functional needs of the child, when developing the IEP. The Attorney alleges that the District has failed to develop an appropriate toileting and hygiene plan for the Student, as part of his IEP.

Conclusion(s):

  • 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3) require each board of education to provide in a timely way special education and related services in accordance with a student’s individualized education program (IEP). The Attorney alleged that the District failed to provide the Parents with a daily communication log, in accordance with the Student’s IEP dated May 17, 2024, from the beginning of the school year until the filing of this complaint on October 21, 2024. The IEP that was in effect at the start of the 2024-25 school year provides for a “daily communication log” in all classes under the accommodations section. The IEP does not identify how the daily communication log will be provided to the Parents/Student, but it is embedded in an annual goal, which includes the Student filling out the Communication Log on an online platform. The documents reviewed for this investigation show that the District provided the Communication Log to parents via a Google document every school day that fell within the time period for this complaint. There is evidence on several occasions that the Parents were able to access the Communication Log in the electronic form. The Parents argued that the staff working with the Student at home were not able to access the Google document, so they required a paper copy of the Communication Log. During the time period reviewed for this investigation, there is no evidence that providing the Communication Log in an electronic form impacted the Student’s access to a free and appropriate public education. There is also no evidence that the District failed to provide the Parents with a daily Communication log in accordance with the IEP. Therefore, no violation of 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3) is found and no corrective action is required.
  • 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3) require each board of education to provide in a timely way special education and related services in accordance with a student’s individualized education program (IEP). The Attorney alleged that the District has failed to provide the Parents with quarterly team meetings in accordance with the Student’s IEP dated May 17, 2024, from the beginning of the school year until the filing of this complaint on October 21, 2024. The District arranged a team meeting on October 2, 2024 during the first quarter of the school year. The Parents confirmed that they could attend the meeting. However, on October 1, 2024, the Parents informed the District that they would not be attending the team meeting because they disagreed with the agenda. The District was ready, willing, and able to provide the team meeting in accordance with the IEP on October 2, 2024, but the parents chose not to attend. Therefore, no violation of 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3) is found and no corrective action is required.
  • 34 CFR § 300.324(1) requires the planning and placement team (PPT) to consider the strengths of the child, the concerns of the parents for enhancing the education of their child, the results of the most recent evaluation of the child, and the academic, developmental, and functional needs of the child, when developing the IEP. The Attorney alleged that the District has failed to develop an appropriate toileting and hygiene plan for the Student, as part of his IEP. Prior to the start of the school year, the Student had a toileting plan that focused on independence with toileting and hygiene, such as hand washing. On September 19, 2024, the District sent updated toileting guidelines to parents. (See Appendix B). The District revised the purpose of the guidelines and added additional guidelines. On October 2, 2024, the staff members held a team meeting, which the Parent refused to attend. The school team met to discuss the toileting guidelines on September 12, 2024, September 19, 2024, and October 2, 2024. Additionally, the team collaborated with the Parents regar

Corrective Action(s):

  • No corrective actions ordered.