New Haven 26-0265

Complaint Summary

Date Findings Report Sent

January 16, 2026

Case number

26-0265

School District

New Haven Public Schools (systemic complaint)

Person filing the complaint

Attorney

Grade Level

Elementary

Allegation(s)

The Complainants alleged that they were informed by the classroom teacher that the Students’ self-contained classroom was not properly staffed during the 2024-2025 school year resulting in student injuries. The Complainants further alleged that the Students’ self-contained classroom for the 2025-2026 school year is not staffed by a certified special education teacher. The Complainants alleged that the Students did not receive speech and language services in accordance with their IEPs due to a staffing vacancy during the 2024-2025 school year. The Complainants further alleged that the Students documented toileting needs are not being addressed. 34 CFR §§ 300.323(c)(2) and 300.17 RCSA § 10-76d-1(a)(1)

The Complainants alleged that the Students did not make progress on their IEP goals and objectives during the 2024-2025 school year. 34 CFR § 300.324(b)(ii)

Conclusion(s)

Issue 1 for Student 1 and Student 2:

While it was alleged that the self-contained classroom was not fully staffed throughout the 2024-2025 school year, specific data and supporting evidence that the classroom was not fully staffed was not available. Based on Student 1 and Student 2’s IEPs, the presence of the full-time special education teacher in the classroom satisfied the service implementer for the academic services in their IEPs. Therefore, the District is not in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-1(a)(1) as it relates to the Students’ classroom during the 2024-2025 school year. No corrective action is required.

The District did not provide speech and language services to Student 1 and Student 2 from January 13, 2025, through April 11, 2025, in accordance with their IEPs. Coverage was arranged as of April 11, 2025, however admittedly the District did not provide Student 2 with the speech and language services in accordance with his IEP from April 11, 2025, through the end of the 2024-2025 school year. While the District owed Student 1 11 hours of missed speech and language services, they provided 4.25 hours resulting in 6.75 hours still owed to Student 1. The District continues to owe Student 2 26 hours of missed speech and language services. Therefore, the District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-1(a)(1) as it relates to the Students’ speech and language services during the 2024-2025 school year. Corrective action is required.

Paraeducators are not intended as the primary service providers for the delivery of special education instruction. The vacancy in the self-contained classroom for the 2025-2026 school year is currently being covered by a special education teacher for 120 minutes per day. The coverage of 120 minutes per day leaves the self-contained special education classroom without a certified teacher present for the remainder of the school day. Student 1’s IEP recommends 370 minutes per day of academic skills instruction delivered by a special education teacher/paraeducator. The special education teacher’s 120 minutes in the classroom is approximately 1/3 of the specialized instruction that the Student receives each day, leaving approximately 2/3 of Student 1’s instruction to be delivered by a paraeducator without any oversight by a special education teacher. Student 2’s IEP recommends 360 minutes per day of pre-academic skills instruction delivered by a special education teacher, leaving 240 minutes per day of specialized instruction that has not been delivered by a special education teacher from the start of the 2025-2026 school year through the filing of this state complaint on November 18, 2025. Therefore, the District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-1(a)(1) as it relates to the Students’ academic instruction during the 2025-2026 school year. Corrective action is required.

Student 1 and Student 2’s IEPs recommended ESY during the summer of 2025. Neither Student attended as Parents reported that they were never informed of the details of ESY. The District provided a copy of a flyer that was sent to all parents of students attending ESY as well as screenshots of communication to the Parents from the classroom teacher on June 13, 2025, with additional information on ESY. It is determined that the District fulfilled their requirements by sending two separate notifications to the Parents regarding ESY services. The notices included the dates, time, location, and phone number of the school in which ESY was being held. Therefore, the District is not in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-1(a)(1) as it relates to the District providing ESY services during the summer of 2025. No corrective action is required.

Issue 1 for Student 1

Student 1’s IEP did not include a goal or objectives for the goal area of Activities of Daily Living and did not include any mention of Student 1’s toileting needs. Since November 5, 2025, the District has implemented a tracking system for the classroom with regard to toileting. Therefore, the District is not in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and Regulations of Connecticut State Agencies (RCSA) § 10-76d-1(a)(1) as the Student did not have toileting needs documented in his IEP. No corrective action is required.

Issue 1 for Student 2

Student 2’s inability to attempt the toileting objective for the 2024-2025 school year without substantial support was an insufficient reason to not introduce the objective. If Student 2 was not making progress on the objective, the District was required to convene a PPT to review and revise the IEP based on the Student’s present levels of performance. It is determined that the District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and Regulations of Connecticut State Agencies (RCSA) § 10-76d-1(a)(1) for failing to implement the IEP and 34 CFR § 300.324(b)(ii) for failing to revise the IEP to address any lack of expected progress as it relates to the toileting objective. Furthermore, the goal and objectives under the goal area of Activities of Daily Living (goal 1009) was not included in the special education and related services grid in the IEP dated November 7, 2024. 34 CFR § 300.320(a)(4) requires that an individualized education program (IEP) includes a statement of the special education and related services and supplementary aids and services to be provided to the child to enable the child to advance appropriately toward attaining the annual goals. Corrective action is required.

Issue 2 for Student 1

Student 1’s IEP dated October 24, 2024, indicated that a report of progress toward meeting the annual goals and short-term objectives included in the IEP would be provided to the Parent(s), “Consistent with general education grade-level report cards.” The progress report on IEP goals and objectives dated November 24, 2024, included progress on objectives that had been removed and updated at Student 1’s annual review on October 24, 2024. A progress report on IEP goals and objectives was not completed in January/February 2025 in alignment with the second marking period. The progress reports on IEP goals and objectives dated April 11, 2025, and June 16, 2025, indicated less than expected progress across all goal areas. The progress report dated April 11, 2025, for goals and objectives that had been in place since November 18, 2024, indicated that Student 1 had mastered 1 of 20 objectives, was making satisfactory progress on 3 of 20 objectives, was making limited/minimal progress on 7 out of 20 objectives, and 9 objectives had not been introduced. The progress report dated June 16, 2025, for goals and objectives that had been in place since November 18, 2024, indicated that Student 1 had mastered 1 of 20 objectives, was making satisfactory progress on 6 of 20 objectives, was making limited/minimal progress on 3 out of 20 objectives, and 10 objectives had not been introduced. Many of Student 1’s objectives were scaffolded and as of the June 16, 2025, progress report on IEP goals and objectives 15 of 20 objectives that were written for mastery on or before June 16, 2025, had not yet been mastered. The District convened one PPT meeting for Student 1 during the 2024-2025 school year which was an annual review held on October 24, 2024. It is determined that the District is in violation of 34 CFR § 300.324(b)(ii) as Student 1 made less than expected progress on his IEP goals and objectives and the District did not convene a PPT to revise the IEP to address any lack of expected progress toward the annual goals. Corrective action is required.

Issue 2 for Student 2

Student 2’s IEPs dated November 7, 2024, and May 7, 2025, indicated that a report of progress toward meeting the annual goals and short-term objectives included in the IEP would be provided to the Parent(s), “Consistent with general education grade-level report cards.” The progress report dated November 24, 2024, for goals and objectives that had been in place since the start of the school year with Communication goals and objectives added on November 7, 2024, indicated that Student 2 was making satisfactory progress on 4 of 38 objectives, was making limited/minimal progress on 6 out of 38 objectives, 16 objectives had not been introduced, and the 12 Communication objectives added on November 7, 2024, were not included in the progress report. The progress report also included Communication objectives from a previous IEP. A progress report on IEP goals and objectives was not completed in January/February 2025 in alignment with the second marking period. The progress report dated April 24, 2025, indicated that Student 2 had mastered 6 of 38 objectives, was making satisfactory progress on 16 of 38 objectives, was making limited/minimal progress on 1 out of 38 objectives, and 15 of 38 objectives had not been introduced. Many of Student 2’s objectives were scaffolded and as of the April 24, 2025, progress report on IEP goals and objectives 19 of 38 objectives that were written for mastery before April 24, 2025, had not yet been mastered. Student 2’s annual review was held on May 7, 2025.

The progress reports on IEP goals and objectives dated November 24, 2024, and April 24, 2025, indicated less than expected progress across all goal areas. The District convened two PPT meetings for Student 2 during the 2024-2025 school year. The PPT meeting held on November 7, 2024, was at the Parent’s request and the PPT meeting held on May 7, 2025, was Student 2’s annual review. It is determined that the District was in violation of 34 CFR § 300.324(b)(ii) as Student 2 made less than expected progress on his IEP goals and objectives and the District did not convene a PPT to revise the IEP to address any lack of expected progress toward the annual goals. Corrective action is required.

Corrective Action(s)

Student 1
  1. The District must provide Student 1 with compensatory education services in order to place the Student in the position he would have obtained but for the District’s failure to provide the recommended services in accordance with Student 1’s IEP. Student 1 is to receive:
    1. 6.75 hours of speech and language services
    2. 110 hours of academic skills instruction delivered by a special education teacher to account for the lack of a special education teacher in the classroom for the 2025-2026 school year

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.

A log must be kept for the compensatory services and include the date, time, length of session, and focus of the session. The CSDE must receive monthly updates on the completion of the compensatory education services beginning on March 1, 2026. The monthly logs must be sent to this investigator. All compensatory education services must be completed by October 31, 2026.

  1. The District must convene a PPT meeting to review Student 1s current progress and update his presents levels of performance. Goals, objectives, and services must be reviewed and updated as needed to address any lack of expected progress across all goal areas. A copy of the updated IEP must be sent to this investigator on or before February 27, 2026.
Student 2
  1. The District must provide Student 2 with compensatory education services in order to place the Student in the position he would have obtained but for the District’s failure to provide the recommended services in accordance with his IEP. Student 2 is to receive:
    1. 26 hours of speech and language services
    2. 212 hours of pre-academic skills instruction delivered by a special education teacher to account for the lack of a special education teacher in the classroom for the 2025-2026 school year

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.

A log must be kept for the compensatory services and include the date, time, length of session, and focus of the session. The CSDE must receive monthly updates on the completion of the compensatory education services beginning on March 1, 2026. The monthly logs must be sent to this investigator. All compensatory education services must be completed by October 31, 2026.

  1. The District must convene a PPT meeting with a BCBA present to review and assess Student 2’s current toileting needs in order to develop a toileting goal and objective(s) under the goal area of Activities of Daily Living, if appropriate. The PPT must also review Student 2’s current progress and update his presents levels of performance. Goals, objectives, and services must be reviewed and updated as needed to address any lack of expected progress across all goal areas. A copy of the updated IEP reflecting all of the above must be sent to this investigator on or before February 27, 2026.
All Students
  1. The District must identify and appoint a dedicated lead staff member to manage the complaint’s required corrective actions, track the progress of the provision of the compensatory services, and meet with/report to the complaint investigator (or designee) to provide a monthly update of the progress of the corrective action items. The name and contact information for the lead staff member shall be forwarded to this investigator on or before February 16, 2026.
  2. The District must provide training for the special education staff at Student 1 and Student 2’s school, including the school’s administration, on 34 CFR § 300.324(b)(ii) regarding the requirements of progress reporting and the requirement to revise an IEP to address any lack of expected progress toward the annual goals and in the general education curriculum. The content of the training and staff signatures and date must be sent to this investigator on or before February 27, 2026.
  3. As a result of the findings of non-compliance for the named Students in this systemic complaint, the District must provide the CSDE with a copy of the compensatory education plans for each of 44 Students on the speech-language pathologist’s caseload from January 13, 2025, through April 11, 2025. The District must provide monthly updates on the delivery of the compensatory education plans to this investigator beginning on March 1, 2026. All compensatory services must be delivered by October 31, 2026.
  4. As a result of the findings of non-compliance for the named Students in this systemic complaint, the District must convene a PPT meeting for each student in Student 1 and Student 2’s current classroom to review progress and update present levels of performance. Goals, objectives, and services must be reviewed and updated as needed to address any lack of expected progress across goal areas. Compensatory education plans must be created to address the lack of a full-time special education teacher in Student 1 and Student 2’s classroom for the 2025-2026 school year. Careful consideration must be documented in the IEP with regard to the service implementer in each Student’s IEP and the Student’s individual progress when determining the compensatory education plans. Documentation of these updated IEPs including compensatory education plans must be sent to this investigator as soon as possible and no later than April 1, 2026.
  5. As a result of the findings of non-compliance for the named Students in this systemic complaint, the District must provide the CSDE with monthly updates on hiring/assigning a full-time special education teacher for Student 1 and Student 2’s classroom. Monthly updates must be sent to this investigator beginning on March 1, 2026.
  6. As a result of the findings of non-compliance for the named Students in this systemic complaint, the District must assign a full-time BCBA to the Students’ classroom for the remainder of the 2025-2026 school year to conduct a program review, provide individual and classroom recommendations, and support implementation of IEPs. The District must provide the CSDE with the name and verification of the assignment on or before March 1, 2026.