Complaint Summary
Date Findings Report Sent
July 10, 2026
Case Number
26-0686
School District
New Haven Public Schools
Person filing complaint
Attorney
Grade Level
Elementary School
Allegation(s)
Issue: The Parent’s Attorney alleged that the District failed to identify and evaluate the Student as a disabled student in need of special education services (i.e., comply with the IDEA's child find requirement) and that this failure resulted in the District denying the Student a free and appropriate public education (FAPE) that the IDEA requires. (34 CFR § 300.111, RCSA §10-76d-6, RCSA §10-76d-7)
Conclusion(s)
Failing to meet IDEA’s child find requirements can deny a student a FAPE. The failure to identify and evaluate may entitle a student to compensatory education. Where a student is receiving general education interventions at the time of a referral, the District must still accept the referral and convene a PPT to consider if an initial evaluation is appropriate while continuing to provide the interventions. RCSA § 10-76d-7 provides that any child whose progress in school is considered unsatisfactory or at a marginal level of acceptance be promptly referred to a PPT.
It is concluded that the PPT that met in May of 2025 had ample information (see Finding of Fact ## 4 and 5 above) to suspect the Student might be a student with a disability in need of special education and related services under IDEA and that an initial evaluation was warranted. The District’s failure to ensure the Student was timely evaluated and identified is in violation of IDEA. This failure resulted in a denial of FAPE to the Student. Corrective action is required.
Corrective Action(s)
The Student must be offered compensatory education to make up for the delay in conducting an initial evaluation and implementing an individualized education program. If the District had timely recommended an initial evaluation on May 20, 2025, an IEP would have been in place by October 6, 2025 (45 school days from referral). An IEP has been in place since March 10, 2026. There have been approximately 96 days, or 20 weeks during which the Student has not been provided the benefit of specialized instruction and related services. In keeping with the services included in the Student’s IEP the Student is owed 20 hours of reading instruction, 20 hours of writing instruction and 75 hours of mathematics instruction. A District representative and the Parent (and her representative if the Parent chooses) must discuss and plan for how best, for the Student, to provide these compensatory instructional hours. No later than the end of September 2026, this office must be informed of the specifics as to how the hours will be provided and provide monthly updates on the delivery of the services to this office. If the parties cannot reach an agreement, this office will determine how best to resolve any differences.