Complaint Summary

Date:

October 10, 2025

Case Number:

26-0108

Grade Level:

High school

Person filing complaint:

Parent

School District:

East Haven Public Schools

Allegation(s):

• 34 CFR §§ 300.323(c)(2) and 300.17 and Regulations of Connecticut State Agencies (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 § 300.114(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.
• RCSA § 10-76d-15(b)(3) failure to provide homebound and hospitalized instruction as specified in the child’s individualized education program and that in the case of a child receiving special education and related services, the planning and placement team shall, where necessary, modify short-term instructional objectives in the child’s individualized education program.

Conclusion(s):

• The Student refused to attend school, despite multiple attempts by District staff to promote engagement during this timeframe. Therefore, it was not a failure on behalf of the District to provide services, and they are not in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-1(a)(1). The District is in violation of 34 CFR § 300.114(a)(2), § 300.115, RCSA § 10-76d-15, and RCSA § 10-76d-15(b)(3). There was no written documentation of a verified medical reason for homebound instruction, least restrictive options, alternative placements, prior written notice or what services the Student would be receiving while on homebound instruction. Additionally, counseling services were never provided to the Student. Despite the recommendation to reconvene in 30 days as listed on the IEP, there were no PPT meetings held to modify short-term instructional objectives in the Student’s IEP or to periodically review the ongoing appropriateness of continuing homebound instruction until the Student’s annual was held, which was late and allowed the IEP to lapse.

Corrective Action(s):

• The District will provide the Student with compensatory education to make up for the time missed in the area of counseling. Pursuant to Section 10-264l of the Connecticut General Statutes, the District must convene a PPT meeting, inviting representatives from the magnet school to participate, to review and revise the IEP and, with the Parent’s consent, recommend any necessary evaluations to address all areas of suspected disability, and update the Student’s present levels of performance, and all corresponding sections of the IEP. The District is required to provide training for all staff involved in this case on the federal and state laws and regulations regarding homebound instruction and least restrictive environment. The District is required to provide training for all staff involved in this case on the federal and state laws and regulations regarding timeline compliance for annual review PPT meetings. The training could be a part of professional development for staff. The District is required to provide documentation verifying that the next 10 annual review PPT meetings they hold are within the required timeframes.