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Newington 26-0089

Complaint Summary

Date:

October 15, 2025

Case Number:

26-0089

Grade Level:

Elementary

Person filing complaint:

Attorney

School District:

Newington Public Schools

Allegation(s):

  • RCSA § 10-76b-8(g) failure to monitor a person at risk in seclusion described in the child's IEP by a provider or assistant specifically trained in physical management, physical restraint and seclusion procedures including, but not limited to, training to recognize health and safety issues for children placed in seclusion to ensure the safe use of seclusion as a behavior intervention.
  • RCSA § 10-76b-8(h)(5) failure to ensure that any room used for the seclusion of a person at risk shall conform to applicable building code requirements. If the door or doors to a room used for seclusion are to be locked, latched or otherwise secured, a modification from the State Fire Marshal’s office shall be secured prior to the installation of a locking mechanism. If a door locking mechanism is used, the person at risk shall be constantly monitored notwithstanding any other provisions of the Connecticut General Statutes or Regulations to the contrary. The locking mechanism to be used shall be a device that shall be readily released by staff as soon as possible but in no case longer than within two minutes of the onset of an emergency and is connected to the fire alarm system so that the locking mechanism is released automatically when a fire alarm is sounded.
  • Conn. Gen. Stat. § 10-236b(m) failure to ensure that any student who is physically restrained shall be continually monitored by a school employee. Any student who is involuntarily placed in seclusion shall be frequently monitored by a school employee. Each student so restrained or in seclusion shall be regularly evaluated by a school employee for indications of physical distress. The school employee conducting the evaluation shall enter each evaluation in the student's educational record. For purposes of this subsection, “monitor” means (1) direct observation, or (2) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.
  • Conn. Gen. Stat. § 10-236b (n) failure to ensure that if the use of such restraint or seclusion results in physical injury to the student, the local or regional board of education, and each institution or facility operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d that provides special education for children, including any approved private special education program, shall report the incident to the State Board of Education, which shall include such incident in the report required pursuant to subsection (k) of this section.
  • Conn. Gen. Stat. § 10-236b(b) failure to ensure that no school employee shall use a physical restraint on a student except as an emergency intervention to prevent immediate or imminent injury to the student or to others, provided the restraint is not used for discipline or convenience and is not used as a substitute for a less restrictive alternative.
  • 34 CFR § 300.101 and RCSA § 10-76d-1 failure to provide a free appropriate public education for each child with a disability consistent with the requirements of the Individuals with Disabilities Education Act.

Conclusion(s):

  • The District staff members who either administered or witnessed/monitored the restraint and seclusions maintain necessary certifications, therefore the District is in compliance with RCSA § 10-76b-8(g). As a door lock does not exist in one room, and was not utilized in the other, and the fire marshal conducts an annual walkthrough of the building to ensure all rooms conform to building code requirements, the District is in compliance with RCSA § 10-76b-8(h)(5). The incident reports indicate that there was staff present to witness/monitor the restraint and seclusions, and no physical distress was demonstrated in any of the three incidents. Additionally, the District response to the inquiry letter reinforces that the Student was continually monitored by staff via direct observation, therefore the District is in compliance with Conn. Gen. Stat. § 10-236b(m). The District completed the three incident reports in CT-SEDS on the same days on which the incidents occurred and therefore is in compliance with Conn. Gen. Stat. § 10-236b (n). The incident reports indicate that the circumstances under which the restraint and seclusions were utilized were due to immediate or imminent risk of injury to self and others which align with the reported precipitating behaviors. Therefore, the District is in compliance with Conn. Gen. Stat. § 10-236b(b). The District was ready and prepared to provide instruction for the Student, so the District is in compliance 34 CFR § 300.101 and RCSA § 10-76d-1.

Corrective Action(s):

  • No required corrective action.