Complaint Summary
Date Findings Report Sent
February 4, 2026
Case number
26-0329
School District
New Haven Public Schools/Charter School
Person filing the complaint
Attorney
Grade Level
Elementary
Allegation(s)
The Attorney alleged that the District has failed to provide special education services since the start of the school year on August 25, 2025, until the Student was withdrawn for homeschooling on November 18, 2025. (34 CFR §§ 300.323(c)(2), 300.17, RCSA § 10-76d-1(a)(1), and Connecticut General Statute § 10-66ee)
The Attorney alleged that at a PPT meeting on September 29, 2025, the District reduced the Student’s special education service hours from 22.5 to 2 hours per week without considering the Student’s individual needs, making any changes to goals and objectives, or reviewing assessment data. (34 CFR § 300.324(a)(1))
The Attorney alleged that the District has failed to ensure that the Student is being educated in the least restrictive environment (LRE). (34 CFR Section § 300.114(a)(2), 300.115(a), and 300.116(a))
Conclusion(s)
The Student was not provided with 156 hours of Academic Skills instruction, 4.5 hours of Fine Motor services, and 9.5 hours of Language/Communication services from August 25, 2025, to November 18, 2025. As both the Charter and the District failed to ensure that services were provided as required per the Student’s IEP, they are in violation of 34 CFR §§ 300.323(c)(2), 300.17, RCSA § 10-76d-1(a)(1), and Connecticut General Statute § 10-66ee. Corrective action will follow.
The District and the Charter decreased the Student’s Academic Skills instruction time from 270 minutes per day (1,350 minutes per week) to 120 minutes per week at the PPT meeting on September 29, 2025, and then reversed that reduction at the PPT meeting on November 10, 2025. Both revisions were recommended without consideration to any updated levels of performance, commissioning additional assessments, modifying goals and objectives, or formally reviewing academic progress. Therefore, the District and the Charter did not consider the Student’s individual needs i.e., the Student’s strengths, the concerns of the Parent, the most recent evaluations, or the academic, developmental and functional needs of the Student when developing the Student’s IEPs and they are in violation of 34 CFR § 300.324(a)(1). Corrective action will follow.
Ensuring the LRE for a Student requires the consideration of individual performance and need. While the District and the Charter did complete the LRE Procedural Checklist, the Student’s IEPs were not fully implemented, resulting in the Student spending significantly more than the stated 23.3% or 27.27% time with non-disabled peers. Additionally, without any reports on progress or updated present levels, it is impossible to ascertain the impact this had on the Student’s ability to access his education from August 25, 2025, to November 18, 2025. As the District and the Charter failed to make an informed determination regarding LRE, they are in violation of 34 CFR §§ 300.114(a)(2), 300.115(a), and 300.116(a). Correction action will follow.
Corrective Action(s)
This complaint and substantiated violations will be referred to the Connecticut State Department of Education Charter Office.
The District will provide the Student with compensatory education to make up for the time missed in the areas of Academic Skills, Fine Motor, and Language/Communication services. The total number of hours awarded for this compensatory education is 170 hours: 156 for Academic Skills, 4.5 for Fine Motor, and 9.5 for Language/Communication. This provision aims to ensure that the student receives the necessary support to address any gaps in his education and to facilitate his continued progress and development. As of the date of the issuance of this report, the Student is withdrawn for homeschooling. Compensatory education can only be provided upon re-enrollment in the District and the terms of such provision shall be mutually agreed upon by the Parent and the District. If the District and the Parent encounter a disagreement about the scheduling of services, the District shall contact this office and this investigator will decide. The Parent may decline the offer of compensatory education in whole or in part. The District shall provide this office with monthly reports documenting the delivery of these services.
The District must convene a PPT meeting to recommend any necessary evaluations to update the Student’s present levels of performance and all corresponding sections of the IEP.
The Charter is required to provide training for all staff involved in this case, on their responsibilities related to IEP implementation (Connecticut General Statute § 10-66ee). An agenda for the training, along with a list of attendees, must be submitted to this office.
The District and the Charter are required to provide training for all staff involved in this case, on the laws and regulations relating to the development, review and revision of IEPs (34 CFR § 300.324). An agenda for the training, along with a list of attendees, must be submitted to this office.
The District and the Charter are required to provide training for all staff involved in this case, regarding best practices and legislative requirements for the determination of LRE (34 CFR §§ 300.114, 300.115, and 300.116). An agenda for the training, along with a list of attendees, must be submitted to this office.