New Haven Public Schools/Charter School 26-0506

Complaint Summary

Date Findings Report Sent

May 18, 2026

Case Number

26-0506

School District

New Haven Public Schools & Charter School

Person filing complaint

Attorney

Grade Level

Elementary

Allegation(s)

  • The Attorney alleges that the District failed to evaluate the Student for special education and related services prior to her transfer to the Charter School. (RCSA § 10-76d-7)
  • The Attorney claims that the Student’s IEP has not been implemented since December due to staffing issues at the Charter School. (34 CFR §§ 300.323(c)(2) and 300.17, RCSA § 10-76d-1(a)(1))

Conclusion(s)

  • In this case, the referral to special education originated from the Parent in March 2025. The team convened and determined there was no reason to suspect a disability and therefore did not recommend conducting an initial evaluation. The Student was receiving SRBI and sessions with a literacy coach. Despite these supports, the Student continued to have issues with attendance and progress that were unsatisfactory or at a marginal level of acceptance. The District did not believe that the Student needed to be evaluated even though she was performing well below her peers on all benchmark assessments. The District had enough information in March to suspect a disability. At that point, the District should have recommended an initial evaluation to determine whether the Student was eligible for services as a student with a disability. It is therefore concluded that the District violated their child find obligations as outlined in 34 CFR § 300.111 and RCSA § 10-76d-7. Corrective action is required.
  • The District violated 34 CFR §§ 300.323(c)(2) and 300.17(d), as well as RCSA § 10‑76d‑1(a)(1), which require each board of education to provide special education and related services in a timely manner and in accordance with the student’s IEP. The District failed to deliver the services required in the Student’s IEP, despite the special education teacher being on parental leave. In February, a District administrator sent a letter to families affected by the teacher’s absence stating that the District was tracking all missed services and would convene a PPT meeting upon the teacher’s return or once a special education substitute was found. According to information provided by the District, the Student is owed 63.5 hours of compensatory education. The District developed a compensatory service plan that would require the Student to miss general education reading, writing, and math instruction to make up these hours. These are documented areas of deficit for the Student, and providing compensatory services during these periods would further reduce her access to essential instruction, increasing educational harm. It is unclear whether the Parent and Attorney agreed to the proposed delivery of compensatory hours or whether a date for a PPT meeting was communicated. Corrective action is required.

Corrective Action(s)

  • The District must provide the Student with 11 weeks at 4 hours per week (Total of 44 hours) of compensatory education to make up for the District’s failure to meet its child find obligation and provide a free appropriate public education to the Student.
  • With input from the Parent and the Parent’s Attorney, the District must develop a plan, no later than June 5, 2026, to provide compensatory education services to the Student. The services can be provided by District staff or through a contract agency. The plan must be shared with this office. If the District, the Parent, and her Attorney cannot agree on the plan, this office will determine the compensatory education.
  • By June 5, 2026, the District must convene a PPT meeting to review the calculation of missed services, determine the method of delivering compensatory education, and develop a written compensatory services plan.
  • Monthly updates on compensatory services will be provided to this office.
  • All compensatory services must be delivered by March 30, 2027. The response of all parties is required and will serve as confirmation of compliance with the decision.
  • If the District, the Parent, and her Attorney cannot agree on the plan, this office will determine the compensatory education.