Complaint Summary
Date Findings Report Sent
January 27, 2026
Case number
26-0287
School District
Fairfield Public Schools
Person filing the complaint
Parent
Grade Level
Elementary
Allegation(s)
The Parent alleged that the Student’s reported progress and present levels of performance in Mathematics presented at the PPT meeting held on March 7, 2025, did not align to the Student’s present levels of performance and progress at the start of the 2025-2026 school year, despite receiving extended school year (ESY) services. The Parent further alleged that at the PPT meetings held on March 7, 2025, and September 22, 2025, services and goals and objectives in Mathematics were proposed and implemented without data to support the Student’s progress and present levels of performance in Mathematics. (34 CFR § 300.101 and 34 CFR 300.324(a))
Conclusion(s)
Based on the Student’s progress reports on IEP goals and objectives, the Student went from having mastered one of nine objectives in the goal area of Mathematics as of December 9, 2024, to mastering the goal and all nine objectives as of March 3, 2025. It is noted on the progress report on IEP goals and objectives dated December 9, 2024, that five of the nine objectives had not yet been introduced. Both progress reports cite work samples, and the progress report dated March 3, 2025, also cites classroom observations as the data used to monitor the Student’s progress on her IEP goals and objectives. The District was unable to provide any data supporting the completion of progress monitoring for the Student’s goal and objectives in Mathematics. The District was also unable to provide the data that was used to inform the recommendations for the goal and objectives in Mathematics at the PPT meeting held on March 7, 2025, beyond the progress report on IEP goals and objectives dated March 3, 2025, (Fact #4) and the present levels of performance for the goal area of Mathematics noted in the IEP dated March 7, 2025 (Fact #6). It is the responsibility of the PPT to ensure that the team is purposeful in the development of goals and objectives that are appropriate and meaningful and based on present levels of performance. A Student would be denied FAPE if his or her program is not likely to produce progress that is appropriate in light of the child’s circumstances.
The lack of progress monitoring data brings into question the Student’s actual instruction, progress, and the use of progress monitoring to inform instruction during the 2024-2025 school year. Specially designed instruction is defined as adapting the content, methodology, or delivery of instruction to address the unique needs of the Student to ensure access to the general curriculum so the student can meet the standards within the jurisdiction of the LEA that apply to all children. Without accurately progress monitoring the Student’s performance in the area of Mathematic, the Student’s unique needs and present levels of performance were unable to be utilized to drive the specially designed instruction. It is therefore determined that the District is in violation of 34 CFR § 300.101 as well as 34 CFR 300.324(a) based on the lack of evidence of progress monitoring data and the inconsistencies in the Student’s present levels of performance and benchmark data in the area of Mathematics during the 2024-2025 and 2025-2026 school years. Corrective action is required.
The District is also found to be in violation of 34 CFR § 300.320(a)(3) which requires that the IEP must include a description of how the child’s progress toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be measured; and when periodic reports on the progress the child is making toward meeting the annual goals will be provided. The Student’s IEPs stated that progress reports on IEP goals and objectives must be provided to the Parent consistent with general education grade-level report cards. A progress report on IEP goals and objectives was not completed or provided to the Parent in June 2025 when grade-level report cards were issued. Given the fact that the special education teacher responsible for creating the progress reports on IEP goals and objectives is no longer employed in the District, no corrective action is required.
Corrective Action(s)
The District must create and provide a compensatory education plan for the Student in the area of Mathematics based on the lack of progress monitoring data which would have been used to guide the Student’s specially designed instruction in Mathematics. The Student is to receive a total of 25 hours of Mathematics Instruction. A copy of this plan must be provided to this investigator no later than February 27, 2026. The District must provide this office with monthly updates on the delivery of services until the compensatory education hours are delivered in full beginning on April 1, 2026. All services under the compensatory education plan must be delivered on or before November 1, 2026.
If the Parent feels that such compensatory services would be overly burdensome or stressful to the student, the Parent, in collaboration with the District, through the PPT process, may determine an alternate number of compensatory service hours or identify alternative compensatory service strategies, methods or programs to compensate the Student.