Complaint Summary

Date findings report sent:

March 3, 2026

Case Number:

26-0368

Grade Level:

High School

Person filing complaint:

Parent

School District:

Fairfield Public Schools

Allegation(s):

The Parent alleged that the District has failed to provide counseling services, as required in the Student’s IEP, since the start of the school year on August 26, 2025. (34 CFR §§ 300.323(c)(2) and 300.17, RCSA § 10-76d-1(a)(1))

Conclusion(s):

Between August 26, 2025, and January 15, 2026, the Student’s IEP required 35 individual counseling sessions. The District scheduled 11 sessions, of which the Student attended 8; the remaining 3 were missed due to health-related absences. The provider’s contact log shows 14 additional attempted sessions without prior planning, resulting in 6 completed sessions and 8 missed due to health issues. Even if all sessions had occurred, 10 required sessions were never attempted. Therefore, the District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17, and RCSA § 10-76d-1(a)(1). Corrective action and recommendations will follow. A review of progress revealed no data supporting the Student’s reported progress and no progress report for June 2025, despite the Student’s IEP that states that reports of progress toward meeting the goals and objectives will be provided to the parent quarterly. Therefore, the District is in violation of 34 CFR §§ 300.320(a)(3) which requires that periodic reports on the progress towards meeting annual goals be provided. Corrective action and recommendations will follow.

Corrective Action(s):

The District is to provide the Student with 540 minutes of compensatory individual counseling services. The District can utilize District staff or contract with an agency. If the District and the Parent encounter a disagreement regarding the scheduling of services, the District shall contact this office, and the investigator will make a determination. The Parent is free to decline the offer of compensatory services in whole or in part.

The District is required to create a schedule of all individual counseling sessions for the Student for the rest of the 2025-2026 school year.

The District is required to provide training to the Student’s counseling provider per 34 CFR §§ 300.320(a)(3) ensuring that progress reports are being completed as required per the Student’s IEP.