Windham 25-0365

Complaint Summary

Date Findings Report Sent:

May 14, 2025

Case Number:

25-0365

Grade Level:

High school

Person filing complaint:

Parent

School District:

Windham Public Schools (single student) 

Allegation(s):

  • Issue One: That the Student has been denied FAPE due to a lack of curriculum in the special education classes in which the Student is enrolled; no math or reading skill instruction in a sequential or measurable manner; and no adequate instruction in transition planning or life skills. (RCSA) § 10-76d-1 and 34 CFR § 300.101.
  • Issue Two: That there is a lack of progress monitoring because of a lack of curriculum. (RSCA) 34 CFR § 300.320(a)(3).
  • Issue Three That the Student has not received adult support in all classes in accordance with the IEP. (RCSA) § 10-76d-1, 34 CFR § 300.101, 34 CFR § 300.17(d).
  • Issue Four: That the Student has not received Speech and Language Services during the 2024-2025 school year 34 CFR § 300.17(d).

Conclusion(s):

  • Issue One: Evidence of the use of curriculum materials for functional math and English, transition planning and life skills instruction were provided. There is no violation.
  • Issue Two: The District provided progress reports consistent with the IEP. There is no violation.
  • Issue Three: Instances of time in which a tutor was not present in all classes were a result of staff absences or staff breaks that were not covered by additional staff. There is a violation of (RCSA) § 10-76d-1 and 34 CFR § 300.101 which require a district to provide a free appropriate public education (FAPE) for each child with a disability consistent with the requirements of the Individuals with Disabilities Education Act. 34 CFR § 300.17(d) requires that special education and related services are provided in conformity with an individualized education program (IEP).
  • Issue Four: The student received related services in conformity with the duration and frequency included in the IEP. The location of the service was adjusted by the provider from the related service room (2c) to the resource room (2a). The IEP indicates the service was to be delivered in the related service room. There is a violation of 34 CFR § 300.17(d) which requires that special education and related services are provided in conformity with an individualized education program (IEP).

Corrective Action(s):

Issue Three

The District corrected the matter of the absence of adult support when staff attendance or staff breaks are the cause of lack of support. A schedule of coverage was provided to this investigator. No further corrective action is required.

Issue Four

  1. Before the start of the 2025-2026 school year, provide professional development to case managers and related service personnel who are responsible for the correct identification of location of services on the IEP. Please send me a copy of the attendance record of providers who attended this professional learning, and any written documentation related to the professional learning.
  2. Before June 15, 2025, a PPT will be convened to consider the appropriate location of services, or the IEP will be amended with agreement by the family. Forward evidence of this correction to me by this date.