Complaint Summary
Date Findings Report Sent
August 3, 2026
Case Number
26-0751
School District
Bristol Public Schools
Person filing complaint
Parent
Grade Level
Elementary School
Allegation(s)
The Parent alleges that from November 17, 2025, through March 10, 2026, the District failed to provide the counseling services in accordance with the Student’s IEP. (34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3)).
The Parent alleges that from the start of the 2025-26 school year through the date of the filing of the complaint, (June 9, 2026) the District has failed to implement the Student’s behavior intervention plan (BIP). Specifically, the Parent alleges that the District has failed to provide the Student with her daily breaks, failed to collect behavioral data, and failed to conduct progress monitoring related to the BIP. (34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3)).
Conclusion(s)
The issue is whether the District implemented the Student’s counseling services in the Student’s IEP from November 17, 2025 through March 10, 2026. Due to a staffing vacancy, the District failed to provide these services and therefore violated 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3).
The issue is whether the District failed to implement the Student’s BIP from the start of the 2025-26 school year through June 9, 2026. More specifically, the Parent alleged that the District failed to provide the Student with daily breaks and failed to collect behavioral data. There is no evidence that the District did not provide the Student with breaks when she asked. The District also built in scheduled breaks into the Student’s schedule. This is in alignment with the Student’s BIP, and therefore, the District did not fail to implement this section of the BIP. On the other hand, the lack of behavioral data related to the BIP along with the disciplinary incidents and behavioral grades, calls into question whether the District implemented the BIP consistently, or suggests that the District should have scheduled a PPT meeting to review the BIP and determine if a revision to the BIP (or IEP) was appropriate. (See Findings of Facts #9-13). Therefore, the District violated 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3) when it failed to collect behavioral data related to the BIP.
Corrective Action(s)
- The District must provide the Student with 8 hours of individual counseling sessions as compensatory education for the sessions missed. The compensatory education must be delivered to the Student before December 31, 2026.
- The District must start collecting data related to the Student’s BIP at the start of the 2025-26 school year. The data must contain a baseline for each goal in the BIP, and weekly data collection. This data must be sent to BSE at the end of each month until December 31, 2026. If the BIP is updated during this time, a copy of the updated BIP must also be sent to BSE.