Fairfield 26-0200

Complaint Summary

Date Findings Report Sent:

December 19, 2025

Case Number:

26-0200

Grade Level:

High school

Person filing complaint:

Parent

School District:

Fairfield Public Schools

Allegation(s):

  • A student is eligible for services under the Individuals with Disabilities Education Act (IDEA) if the student has one or more of the disabilities defined in the IDEA, the disability adversely affects the student’s educational performance, and as a result, the student requires special education and related services. (34 CFR § 300.8 and Regulations of Connecticut State Agencies (RCSA) 10-76a-1(4)).
  • The Parent alleges that the evaluation results presented at the PPT meeting supported a finding of eligibility under the category of Other Health Impairment (OHI). The Parent alleges that the District only used the Student’s grades to make its determination and did not take into account the Student’s executive functioning deficits, social deficits, and the lack of improvement with the implementation of a Section 504 plan.
  • A copy of the procedural safeguards available to the parents of a child with a disability must be given upon initial referral or request for an evaluation. (34 § 300.504(a)(1)).
  • 34 CFR § 300.503 and RCSA §10-76d-8 obligates a local board of education to provide parents of a child with a disability with written notice 10 days before the board refused to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education (“FAPE”) to the child. This notice must include a description of the action proposed or refused by the PPT, and explanation of why such PPT proposes or refuses to take the action , a description of each evaluation procedure, assessment, record, or report such board used a as a basis for the proposed or refused action, a statement that the parent of a child with a disability have protections under the procedural safeguards of IDEA and , if the written notice required is for the initial referral for evaluation, additional requirement. Additionally, the notice must include sources for parents to contact to obtain assistance in understanding the procedural safeguards of IDEA, a description of other options the PPT considered and the reasons why those options were rejected and a description of other factors that are relevant to the proposal or refusal.
  • The Parent alleged that the District failed to provide the Parents with a copy of the procedural safeguards when the Student was first referred for special education and related services. The Parent also alleged that the Parents never received prior written notice after the PPT meeting on October 10, 2025.

Conclusion(s):

  • A student is eligible for services under the Individuals with Disabilities Education Act (IDEA) if the student has one or more of the disabilities defined in the IDEA, the disability adversely affects the student’s educational performance, and as a result, the student requires special education and related services. (34 CFR § 300.8 and Regulations of Connecticut State Agencies (RCSA) 10-76a-1(4)). Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that—(i) is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and (ii) adversely affects a child’s educational performance. (34 CFR § 300.8(c)(9).
  • It is clear from the Student’s Section 504 plan that she meets the first part of the definition. However, a review of the information provided in this case does not show that the Student meets the second part of the definition (i.e., adversely affects a child’s educational performance). There is not sufficient evidence to show that the Student’s disability adversely affects her grades, her attendance, or her social interactions. While the Student may struggle with her executive functioning skills, these deficits do not rise to the level of adversely affecting any aspect of her educational performance. Therefore, no violation of 34 CFR § 300.8 or RCSA 10-76a-1(4) is found.
  • A copy of the procedural safeguards available to the parents of a child with a disability must be given upon initial referral or request for an evaluation. (34 § 300.504(a)(1)). The District failed to provide the Parents with a copy of the procedural safeguards when they submitted a referral on May 30th 2025 and therefore violated 34 § 300.504(a)(1). Corrective action required, see below.
  • 34 CFR § 300.503 and RCSA §10-76d-8 obligates a local board of education to provide parents of a child with a disability with written notice 10 days before the board refused to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education (“FAPE”) to the child. This notice must include a description of the action proposed or refused by the PPT, and explanation of why such PPT proposes or refuses to take the action , a description of each evaluation procedure, assessment, record, or report such board used a as a basis for the proposed or refused action, a statement that the parent of a child with a disability have protections under the procedural safeguards of IDEA and , if the written notice required is for the initial referral for evaluation, additional requirement. Additionally, the notice must include sources for parents to contact to obtain assistance in understanding the procedural safeguards of IDEA, a description of other options the PPT considered and the reasons why those options were rejected and a description of other factors that are relevant to the proposal or refusal. The District failed to comply with the timeline outlined in the regulations and therefore violated 34 CFR § 300.503 and RCSA §10-76d-8. Corrective action is required, see below.

Corrective Action(s):

  • The District must distribute a memorandum to all special education administrators in the high schools in the District describing the requirements of 34 § 300.504. A copy of this memorandum must be distributed no later than January 31, 2026. A copy of the memorandum and a list of the recipients must be sent to this office.
  • For the next five PPT meetings conducted in the District, where PWN is required, the District must submit verification to this office that the District complied with the timeline contained in RCSA §10-76d-8.