Complaint Summary

Date Findings Report Sent

January 20, 2026

Case number

26-0321

School District

Bristol Public Schools

Person filing the complaint

Parent

Grade Level

Elementary

Allegation(s)

• 34 CFR §§ 300.323(c)(2) and 300.17 RCSA § 10-76d-1(a)(1) failure to provide in a timely way special education and related services in accordance with the student’s IEP.
• 34 CFR § 300.324(a)(1) failure in developing each child’s IEP, to consider the (ii) concerns of the parents for enhancing the education of their child; (iv) the academic, developmental, and functional needs of the child. 34 CFR § 300.324(a)(2) requires in developing each child’s IEP, the IEP Team must take special factors into consideration (i) 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 § 300.324(a)(2)(i) failure, in the case of a child whose behavior impedes the child’s learning or that of others, to consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.
• 34 CFR § 300.114(a)(2) failure to ensure that (i) to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and (ii) special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
• 34 CFR § 300.115(a) failure to ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services, (b)(1) including "instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions."
• RCSA § 10-76d-15 failure to provide instruction to a child when such child is unable to attend school due to a verified medical reason which may include mental health issues. In such a circumstance, the child’s treating physician must provide a statement in writing directly to the LEA, on a form provided by the LEA, stating the physician has consulted with school health supervisory personnel and has determined the student cannot attend school due to a verified medical reason, the child’s diagnosis with supporting documentation and the expected date the student will be able to return to school.
• CGS § 10-236b(j)(l) failure to properly document the use of physical restraint on a student in the student’s educational record. The documentation shall include the following: the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise; a detailed description of the nature of the restraint; the duration of the restraint; and the effect of such restraint on the student’s established educational plan.

Conclusion(s)

The IEP developed on September 3, 2025, at an annual review PPT meeting held while the Student still attended the magnet school in another district, updated the dates on objectives, but the goals and objectives otherwise went unchanged. The IEP revised on October 23, 2025, by the District did not update social, emotional, and behavioral present levels, goals and objectives, but Behavior and Social/Emotional Development services were both increased by 10 minutes per day. If the District had formally collected additional information to understand the Student’s behaviors that adversely impacted learning, it could have guided appropriate instructional strategies and interventions. This, in turn, would have allowed the development of an IEP that addressed all of the Student’s needs and reduced the overreliance on exclusionary discipline. However, by failing to do so, the District is in violation of 34 CFR §§ 300.324(a)(1) and 300.324(a)(2). Corrective action will follow.

The PWN from November 25, 2025, lists the District’s recommendation of Homebound Instruction pending the Student’s possible placement at an approved private special education program (APSEP). The District reported that this recommendation was made based on the severity of the Student’s behavior, as noted in Finding of Fact #14. A tutor was assigned on November 26, 2025, but their availability did not align with the schedule of the Parent and Student. As of December 1, 2025, virtual, asynchronous instruction was set up, overseen by a special education teacher. The District then assigned a new tutor on December 10, 2025, with scheduling difficulties continuing. The Parent’s challenges with the scheduling and the location of the tutoring does not negate the District’s attempts to schedule tutoring services. However, the recommendation for homebound instruction while the Student was pending a new placement in an APSEP, is not a sufficient reason for homebound instruction. The District did not follow the required procedures for recommending homebound instruction as they did not have a written statement from the Student’s treating physician indicating that the Student could not attend school due to a verified medical reason. A PPT may recommend instruction in the home in accordance with 34 CFR § 300.115(b)(1) which identifies home instruction as an alternative placement listed in the definition of special education under § 300.38, as the Student’s least restrictive environment (LRE). It is determined that the District violated RCSA § 10-76d-15 as the Student was not unable to attend school due to a verified medical reason which may include mental health issues. Instruction in the home was however available to the Student pursuant to the IDEA’s obligation for a District to provide a continuum of alternative placements in the Student’s LRE. Corrective action will follow.

District staff documented the November 20, 2025, physical restraint on November 21, 2025, and included the requisite information under CGS § 10-236b(j)(l). Additionally, the alleged wording of “pushed it over” does not appear in any written document that was provided during the course of this investigation. However, the wording of a District teacher to the Parent saying that the Student “picked up the shelf and threw it and hit the teacher in the head” is analogous to the language used in the Incident Report of Emergency Restraint, that the Student “grabbed a piece of shelving and hit her in the back left side of her head/face” that occurred on November 20, 2025. Therefore, the District did provide the required documentation and is not in violation of CGS § 10-236b(j)(l).

Corrective Action(s)

The District must maintain an accounting of all missed services since November 20, 2025. Once the Student has been accepted into an APSEP, the District must submit a list of the missed services and a plan to provide those missed services.

As the Student has not yet been placed at an APSEP, the District is to convene a PPT, no later than March 1, 2026, to revise the current IEP to ensure that all present levels are updated, as well as goals, objectives, and supplementary aids address the Student’s individual social, emotional, and behavioral needs. Additional information is needed to make these determinations, and targeted assessments, to include an FBA (if warranted, consequent Behavior Intervention Plan), should be conducted.

The District must provide training to the building and special education administrators at the Student’s school during the 2025-2026 school year on RCSA § 10-76d-15, focusing on a Student’s eligibility for homebound instruction, the appropriate and intended use of homebound instruction as outlined in state and federal regulations as well as the difference between homebound instruction and instruction in the home as an alternative placement in the Student’s LRE. An overview of the training including materials as well as staff signatures, titles, and date indicating the completion of the training must be submitted.