Complaint Summary
Date Findings Report Sent:
February 20, 2026
Case Number:
26-0361
Grade Level:
Middle school
Person filing complaint:
Parent
School District:
Milford Public Schools
Allegation(s):
- According to the Parent, the District has failed to implement the Student’s BIP with integrity which has negatively impacted the Student. (34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3))
Conclusion(s):
In this case, the three target behaviors addressed by the BIP were noncompliance/refusal, disruptive behaviors, and elopement. All staff working with the Student were required to be familiar with his BIP to ensure the plan was implemented with fidelity. The Staff were trained on the BIP and were informed when adjustments were made to the BIP. Behaviors were tracked daily, and the data was tracked by the Board-Certified Behavior Analyst (BCBA) weekly. However, on two separate occasions the BIP was not followed. The Student had altercations with peers that became physical. This was in spite of the fact that he had 1:1 adult support in his IEP throughout the school day. On one date, the Student was not separated from the peer immediately in accordance with the Student’s BIP. Similarly, staff did not immediately separate the students on a second date. Furthermore, the Student’s 1:1 paraprofessional was not with him when the incident occurred. Therefore, the District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17(d), RCSA § 10-76d-1(a)(3). Corrective action is required.
Corrective Action(s):
- The District will re-train all staff associated with the Student (including 1:1 adult support, special education teacher, related service providers, and any coverage staff) on the current BIP.
The training can be a part of professional development.
- The BCBA or the social worker will conduct fidelity checks during high-risk periods (transitions, unstructured time, group activities). The fidelity checks will occur at least twice a week between February-May 1, 2026.