Greenwich 26-0657

Complaint Summary

Date Findings Report Sent

June 30, 2026

Case Number

26-0657

School District

Greenwich Public Schools (single student)

Person filing complaint

Parent

Grade Level

High School

Allegation(s)

Issue 1: The Parent alleged that the Student did not have a special education teacher providing his academic skills instruction in accordance with his IEP since January 20, 2026. (34 CFR §§ 300.323(c)(2) and 300.17(d) and RCSA § 10-76d-1(a)(1))

Conclusion(s)

The Student’s IEP required that academic skills instruction be delivered by a certified special education teacher six times per eight-day cycle for 55 minutes in a small group setting. From January 12, 2026, through May 11, 2026, the Student’s Academic Lab class did not have a certified special education teacher providing instruction. Instead, instruction was delivered by daily substitutes and subsequently the building substitute teacher, who did not possess an active special education certification. While the District reassigned the special education teacher’s caseload to other special education teachers and reported that collaboration occurred to ensure alignment with IEP supports, interviews confirmed that these case managers did not provide instruction nor engage in collaboration, lesson planning or training with the substitutes responsible for the Student’s Academic Lab class. Although the District noted that the substitute teachers met District policy guidelines for substitute staffing, compliance with local substitute policies does not satisfy the District’s obligation under IDEA to ensure the provision of specialized instruction by appropriately qualified personnel. Furthermore, the presence of a certified special education teacher elsewhere in the learning environment, without evidence of direct instructional involvement or supervision consistent with IEP requirements, does not fulfill the mandate to provide the Student with the specialized instruction outlined in his IEP. Therefore, the District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17(d) and RCSA § 10-76d-1(a)(1) for failing to implement the Student’s IEP as written. Corrective action is required.

Through the course of this investigation, it was found that there was no progress report on IEP goals and objectives uploaded to CT-SEDS for the spring 2026. 34 CFR § 300.320(a)(3) 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. The District did not provide the Student with a progress report on IEP goals and objectives consistent with general education grade level report cards in accordance with the Student’s IEPs for the Spring 2026. Therefore, the District is in violation of 34 CFR § 300.320(a)(3). Corrective action is required.

Corrective Action(s)

  1. The District must create and provide a compensatory education plan for the Student due to lack of a certified special education teacher as service implementer of his IEP services from January 12, 2026, through May 11, 2026. The Student is to receive 45 hours of academic skills instruction. A copy of the compensatory education plan must be provided to this investigator on or before August 10, 2026. The District must provide this office with first of the month updates on the delivery of services until the compensatory education hours are delivered in full. All services under the compensatory education plan must be delivered on or before January 29, 2027.

    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 which must be reported to the CSDE. If the Parent and District cannot reach a mutual agreement regarding alternative compensatory service strategies, then the corrective action item stands as ordered.

  2. The District must develop or refine written procedures to ensure that IEP services are provided when a special education position becomes vacant. This plan should include strategies for temporary staffing, ensuring the delivery of IEP services to the best of the District’s ability, and a process for notifying parents/guardians of the vacancy as well as the plan while the position remains vacant. The procedure must be sent to this investigator on or before August 31, 2026.
  3. The District must provide training to the high school special education teachers/case managers on the requirements of progress reports on IEP goals and objectives in accordance with Students’ IEPs. The content of the training and staff signatures and date must be sent to this investigator on or before September 11, 2026.
  4. Upon receipt of this letter, the District must provide the Parent with a progress report on IEP goals and objectives reflecting the Student’s progress during the spring 2026. Copies of these reports must be sent to this investigator.