New Haven 26-0132

Complaint Summary

Date Findings Report Sent:

November 12, 2025

Case Number:

26-0132

Grade Level:

High school

Person filing complaint:

Advocate

School District:

New Haven Public Schools

Allegation(s):

  • Failure to provide special education and related services in conformity with an individualized education program (IEP) (34 CFR § 300.17(d))
  • Failure to provide a free appropriate public education (FAPE) to all children residing in their school district. In order to do so, a school district must offer an IEP that is reasonably calculated to enable a child to make progress that is more than de minimis and is appropriate in light of the child’s circumstances (34 CFR § 300.101)
  • Failure to provide periodic reports on the progress the child is making toward meeting the annual goals will be provided (34 CFR § 300.320(a)(3))

Conclusion(s):

  • The Complainant alleges that the following accommodations were not implemented: use of a laptop, extra time with assignments, not being allowed to see the nurse, adult support during a fire drill, and provide accessible materials. After a review of the Student’s IEPs implemented during the timeline of the investigation, it was determined that these accommodations are not included in the Student’s IEP. The District is not in violation of 34 CFR § 300.17(d) for not providing the accommodations listed above. No corrective action required.
  • An interview was requested by this investigator to meet with general education staff to discuss the implementation of the Student’s IEP in electives. Although the staff members reported that the Student was successful in their classes, it cannot be determined if all accommodations on the Student’s IEP were properly implemented during elective classes because the staff members were unable to provide examples of this. Additionally, a review of progress on IEP goals and objectives, the Student’s present levels of performance, and the Student’s grades were conducted to determine if the Student was provided with supports in accordance with the IEP.
  • A review of the Student’s present levels of performance was compared from the Student’s previous annual review to the Student’s last annual review. There is limited data in the present levels of performance for all goal areas. Limited revisions from the previous annual were made in the present levels of performance for many of the goal areas. A review of the Student’s grades was also conducted. The District was asked to provide work samples and assessment data to indicate evidence of progress. The District provided a class log of assessment data on two reading assessments. This log did not provide clear data on the Student’s progress.
  • Based on this review of progress, the Student’s progress during the timeline of the complaint remains unclear. The Student’s progress reports on IEP goals and objectives were all entered in June of 2025. The District was unable to provide evidence of work samples or assessment data to support the Student’s progress on IEP goals and objectives. The Student’s present levels of performance in all goal areas contain limited information and were limitedly revised from the previous annual review to the current IEP. For these reasons, the District is in violation of 34 CFR § 300.17(d). Corrective action is required.
  • The Complainant alleges that the Student had a BIP. On the Student’s IEP in 2021-2022, it was indicated that a BIP was developed for the Student. On the IEP dated October 27, 2022, and for the IEPs to date after this date, the IEP indicates under special considerations that the Student does not exhibit behaviors that impede the Student’s learning. The Student’s discipline log for the year of the complaint was reviewed. The Student does not have a current BIP as indicated in the special considerations of the IEP.
  • In Issue 2, the complainant alleges that the Student’s IEP does not address the Student’s unique needs and was not revised in order for the Student to make adequate progress that is appropriate in light of the Student’s circumstances. For the timeline of the investigation, the PPT reviewed the Student’s IEP at one PPT meetings that was continued to another date. At this PPT meeting, the PPT recommended to revise the Student’s services to from OT direct services to consult, reduce transition services from 2.5x per week for 80 minutes in site 2a, to 1x per month for 30 minutes in site 2b, and add math services for 2.5x per week for 80 minutes in site 2b. The PPT also recommended to add the following accommodations: individual support in elective classes, consider student effort when grading in all classes, and opportunities to re-work assignments in all classes. The Student’s IEP was required to be reviewed by the PPT by April 21, 2025, and was not reviewed until May 21, 2025. This District is in violation of 34 CFR § 300.324 (b) and RCSA §10-76d-1. Corrective action is required.
  • It is determined that the District is in violation of 34 CFR § 300.101. It is unclear whether the District monitored the Student’s progress on IEP goals and objectives due to the limited evidence of work samples and assessment data provided by the District, the limited information in present levels of performance on the Student’s IEP, and that all of the progress reports for the 2024-2025 school year on IEP goals and objectives were generated in June 2025. The District failed to conduct a PPT meeting to meet the requirement of reviewing the Student’s IEP annually. The District only conducted one PPT meeting that was continued to another day during the timeframe of the investigation, despite the Student’s behavioral challenges and the limited data on present levels of performance. Corrective action is required.
  • The Student’s IEP states that progress reports on IEP goals and objectives must be provided to the Parent consistent with general education grade-level report cards. The District indicated that grade-level report cards were distributed on November 21, 2024, February 6, 2025, April 11, 2025, and June 17, 2025. Progress reports on IEP goals and objectives for the months of November 2024, February 2025, and April 2025, were completed in CT-SEDS months after the dates that grade-level report cards were distributed. Because the Parent was not provided with a description of how the Student’s progressing toward meeting annual goals that is consistent with general education grade-level report cards, the District is in violation of 34 CFR § 300.320(a)(3). Corrective action is required.

Corrective Action(s):

  • On or before, December 19, 2025, the District must conduct a PPT to address the following items:
    • Review the Student’s IEP to address the Student’s present levels of performance and revise IEP goals and objectives and special education and related services, as needed,
    • Review and revise the Student’s accommodations and modifications, as needed,
    • Review the Student’s behavioral data and determine if the Student’s behaviors are interfering with the Student’s progress
    • Determine if a functional behavior assessment (FBA) needs to be conducted based on the review of the Student’s behavior, and develop a BIP, if necessary.
  • On or before December 19, 2025, the District must provide evidence that the PPT meeting has occurred to the CSDE.
  • After this PPT meeting occurs, the District must review the Student’s IEP with appropriate staff members including, but not limited to, general education teachers, paraeducators, and providers that work with the Student. An attestation that this review occurred with the staff names, roles, and signatures must be sent to the CSDE.
  • The District must provide training to special education case managers at the school on 34 CFR § 300.324(b) and RCSA §10-76d-1 and the LEA’s requirement to review students’ IEPs periodically, but not less than annually, to determine whether annual goals for the student are being achieved; and revise the IEP, as appropriate. No later than December 19, 2025, the District shall provide the CSDE an attestation that the review has occurred.
  • For the remainder of the 2025-2026 school year, the District must run a report in CT-SEDS on annual review compliance and submit the report to the CSDE on a quarterly basis.
  • The District shall provide training to special education case managers at the school in the documentation of Student progress on IEP goals and objectives in accordance with the Students’ IEPs. Such training may be in a form chosen by the District (e.g., memorandum, video, live, etc.). The District may determine the appropriate personnel to participate in such training. Such training must take place no later than January 31, 2026. No later than January 31, 2026, the District shall provide the CSDE with an attestation that the training has occurred.