Complaint Summary
Date Findings Report Sent:
April 8, 2025
Case Number:
25-0534
Grade Level:
Elementary
Person filing complaint:
Advocate
School District:
Wilton Public Schools (single student)
Allegation(s):
- 34 CFR § 300.106(a)(1) failure to ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) of this section. (2) Extended school year services must be provided only if a child’s PPT determines, on an individual basis, in accordance with §§300.320 through 300.324, that the services are necessary for the provision of FAPE to the child.
- 34 CFR § 300.324(a)(1) failure to ensure that in developing each child’s IEP, the PPT must consider (i) the strengths of the child; (ii) the concerns of the parents for enhancing the education of their child; (iii) the results of the initial or most recent evaluation of the child; and (iv) the academic, developmental, and functional needs of the child.
- 34 CFR § 300.324(a)(2)(i) failure to ensure that the PPT, in the case of a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior. 34 CFR § 300.304(c) requires that each public agency must ensure that (6) in evaluating each child with a disability under §§300.304 through 300.306, the evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified and (7) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided.
Conclusion(s):
- The District is in compliance with 34 CFR § 300.106(a)(1) based upon the review of the student’s progress and the District’s consideration of multiple standards of determining if ESY services are required.
- The District is in compliance 34 CFR § 300.324(a)(1) based upon review of the student’s progress.
- The District is in compliance with 34 CFR § 300.324(a)(2)(i) regarding the consideration of positive behavioral interventions and supports. However, the District is in violation of 34 CFR § 300.304(c), as these revisions were made without sufficiently comprehensive evaluations to support such changes.
Corrective Action(s):
- The District is required to provide training on reflecting progress monitoring data on each IEP Progress Report (i.e. including collecting progress monitoring data; not using “N/A” as a Target Score or Current Score), as well as ensuring that reported progress aligns with mastery criteria.
- The District is required to reconvene a PPT meeting prior to the end of the school year to commission an FBA and, if appropriate, develop a BIP. The PPT will review the Student’s progress and determine if ESY services are required in this area to provide a free appropriate public education.