Complaint Summary

Date Findings Report Sent:

December 15, 2025

Case Number:

26-0206

Grade Level:

Elementary

Person filing complaint:

Parent

School District:

Fairfield Public Schools

Allegation(s):

• 34 CFR § 300.320(a)(1) failure to include in the IEP (1) a statement of the child’s present levels of academic achievement and functional performance, including (i) how the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children).
• 34 CFR § 300.324(b)(1)(ii) failure to revise the IEP, as appropriate, to address (A) any lack of expected progress toward the annual goals described in §300.320(a)(2), and in the general education curriculum, if appropriate.

Conclusion(s):

• It is the responsibility of the PPT meeting to determine each student’s individual needs, reflect the required services within the IEP, and document any resulting removal from the general education environment. Through the course of this investigation, it was found that the Student remains in her general education classroom outside of designated special education service hours. However, this arrangement results in the general education teacher providing concurrent instruction in at least two subject areas (i.e., the Student working on missed writing instruction from the morning while her peers engage in science or social studies). While the District is not in violation of 34 CFR § 300.320(a)(1) or 34 CFR § 300.324(b)(1)(ii), this practice may have a quantifiable impact on the Student’s access to general education curriculum.

Corrective Action(s):

• No required corrective actions.