Complaint Summary
Date Findings Report Sent:
April 28, 2026
Case Number:
26-0473
Grade Level:
High school
Person filing complaint:
Parent
School District:
Simsbury Public Schools
Allegation(s):
- The Parent alleges that she requested an independent educational evaluation in January 2025, but the District did not file for a due process hearing until April 2025.(34 CFR § 300.502(2))
- The Parent claims that the PPT team failed to create an IEP that was reasonably calculated to enable the Student to make appropriate progress in light of her current circumstances.(34 CFR 300.320 (a)(2))
Conclusion(s):
- In this case, an “unnecessary delay” did not exist between the time the Parents requested an IEE and when the District filed for due process.However, the PPT was in the process of planning the Student’s re-evaluation and the parties were actively engaged in discussions about trying to identify a mutually agreeable neuropsychologist to conduct the updated evaluation. As an additional matter, in the Parent’s original email dated January 16, 2025, she indicated that she was requesting an IEE to get a picture of the Student’s “current functioning.” Thus, it was fully reasonable and appropriate for the District to attempt to better understand what evaluation (or evaluations) the Parent was looking for, particularly given the significant time that had passed since the previous neuropsychological evaluation and the fact the Student was now due for her triennial assessment. The District filed for due process within a reasonable amount of time once the Parents made known that they would not agree to the mutual agreeable evaluator.Therefore, there is no violation of 34 CFR § 300.502(2).No Corrective Action Required.
- In this case, the Student’s goals in writing, reading, math, and social/emotional development were based on present levels of performance, current data (including classroom data), and evaluations. The annual goals described what the Student could reasonably be expected to accomplish within a 12-month period in the special education program. Therefore, the District is not in violation of 34 CFR § 300.320(a)(2). No Corrective Action Required.
Corrective Action(s):
None