Complaint Summary

Date Findings Report Sent

January 30, 2026

Case number

26-0301

School District

Bethany Public Schools

Person filing the complaint

Parent

Grade Level

Elementary

Allegation(s)

Issue 1: The Parent alleged that the Student was not being provided with 2 daily sensory breaks in accordance with his IEP. The Parent further alleged that the daily communication log to track breaks and data on regulation has not been properly filled out and fully completed. 34 CFR §§ 300.323(c)(2) and 300.17(d) and RCSA § 10-76d-1(a)(1)

Conclusion(s)

The Student’s IEP provides two daily sensory breaks (one in the morning, one in the afternoon - exact times at the teacher’s discretion), provided before 2:30 and outside of the classroom as well as a daily communication log to track the breaks and data on the Student’s emotional regulation.

From the start of the 2025-2026 school year through the filing of this state complaint on December 4, 2025, there were 67 school days. The Student was absent for 4 of those school days. Therefore, the Student was afforded the opportunity for 126 sensory breaks in accordance with his IEP. Two of those breaks were not provided to the Student. In both instances, the District communicated with the Parent and made adjustments to their plan to include additional safeguards to ensure the delivery of the Student’s sensory breaks (the assignment of back up staff and a timer in the classroom to alert the teacher of a missed break). Upon notification that the Student’s communication log was not completed for a break provided on November 13, 2025, the District’s administrative staff communicated with the Parent and confirmed that the break was provided to the Student. The Parent was also allowed to view the redacted security camera footage to confirm that the Student was provided with the afternoon sensory break on November 13, 2025. Given the fact that the sensory breaks were missed approximately 1.58% of the investigation timeline (2 out of 126 breaks) and the communication log was completed in all but one instance in which the District provided the Parent with the missing information the same morning that she brought it to their attention, it is determined that the 2 missed breaks and 1 missing communication log entry do not qualify as a material implementation failure. Furthermore, the 2 missed breaks and 1 missing communication log had no impact on the Student’s progress in the general education classroom or his progress on the social/emotional goal and objective in his IEP (Facts 13 &14). The District is not found to have violated 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-1(a)(1).

Corrective Action(s)

No required corrective action.