Complaint Summary

Date Findings Report Sent:

February 23, 2025

Case Number:

25-0328

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Wolcott (single student)

Allegation(s):

• The Parent alleged that the Student’s Reading, Writing, Mathematics, Social/Emotional, and Activities of Daily Living goals were not being provided by an appropriately credentialed staff member, the Student’s paraeducator support was not appropriately trained to provide the IEP services, the full measure of the Student’s speech and language services were not being provided, the BCBA indirect consultation services were not being provided, and the Student was not being provided the full time with non-disabled peers required by his IEP. The Parent alleged that the District’s failure to fully implement the Student’s IEP had significant impact on the Student’s access to his education and caused him not to progress at an appropriate rate. (34 CFR § 300.17(d))

Conclusion(s):

• With regard to the credentialing of the special education staff providing IEP services to the Student, it is found (and acknowledged by the District) that an appropriately credentialed special education staff member did not provide IEP services to the Student for 20 school days (4 weeks of school). With regard to the training of the Student’s special education paraeducator, there is an expectation that any paraeducator who is assigned to work with a student has an appropriate understanding of working with that student. That said, there are no separate special education regulatory requirements associated with the training of paraeducators performing duties in a role as a special education paraeducator. With regard to the provision of speech and language services, the Student was not provided with 30 minutes of speech services on one occasion. With regard to the provision of BCBA indirect services, it was found that 5 hours of such services were not provided. With regard to the IEP documentation of time with non-disabled peers, it is found that the Student did not have access to typical peers approximately one half hour per day less that required by his IEP. With regard to the Student’s rate of progress being negatively impacted by the lack of services provided by a certified special education teacher during the 20 school days referenced previously, it was found that, according to the IEP progress reports, there was ample evidence of appropriate progress in light of his circumstances.

Corrective Action(s):

1. The District, in collaboration with the Parent, shall develop a compensatory services plan to provide the Student with 24 hours of missed IEP services to address the Student’s IEP goal areas of Activities of Daily Living, Reading, Writing, Mathematics, and Social/Emotional skills.