Vernon 26-0137

Complaint Summary

Date Findings Report Sent:

November 14, 2025

Case Number:

26-0137

Grade Level:

Elementary school

Person filing complaint:

Parent

School District:

Vernon Public Schools

Allegation(s):

  • The Parent alleged that the student is without a proposed program and that the proposed services were not the student’s Least Restrictive Environment (LRE) (34 CFR § 300.114). 
  • The Parent alleged that services were not in conformity with the IEP while awaiting a proposed program (34 CFR § 300.17(d)). 
  • The Parent alleged that an evaluation was not reviewed with the Parent, nor were recommendations from the evaluation incorporated into the student’s program (34 CFR § 300.324(b) and RCSA §10-76d-1).
  • Through the course of the investigation, it was discovered that the IEP indicated that the student is receiving homebound instruction, and there is not a medical reason (RCSA § 10-76d-15).

Conclusion(s):

  • The District did not complete the LRE upon the Student’s removal from the school on March 3, 2025. The PPT did recommend changes to services, but no revision to present levels of performance were made. Therefore, the District is in violation of 34 CFR § 300.114(a).
  • The District did offer instruction from the time of removal from school through placement. However, the District did not provide minimally required services in accordance with the IEP during the period in which the Student was removed from school. Therefore, the District is in violation of  34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-15.
  • The District received a completed psychiatric evaluation in April of 2025 and the PPT reviewed it on June 12, 2025. The Parent was not in attendance. It was also noted through the course of the investigation that the IEP lapsed and the annual review was not held before the date it lapsed. Therefore, the District is in violation of 34 CFR § 300.324(b) and RCSA §10-76d-1. Corrective action required.
  • The District did not follow required procedures for the recommendation for homebound instruction. Instruction in the home was made available to the student. The student was removed from school due to safety reasons as reported by the District, not a medical reason. Therefore, the District is in violation of 34 CFR § 300.115(b)(1)  and  RCSA § 10-76d-15.

Corrective Action(s):

  • The District must create and provide a compensatory service plan for the Student to receive a total of 66 hours of special education service in the areas of Academic and Behavioral, Mathematics and Reading Instruction, and seven hours of counseling related service to be delivered in full on or before November 13, 2026.
  • Were the Student currently enrolled in the District, the District would be obligated to convene a PPT meeting no later than December 19, 2025. Additionally, the District would be required to provide this investigator with monthly updates to secure an educational placement. Because the Student is confirmed to be a Student in a different LEA, no further action is required.
  • The District must provide building and special education administrators across the District with training on RCSA § 10-76d-15 no later than March 1, 2026.
  • The District must conduct a review of their current policies, procedures, and practices for homebound and home instruction (to include the recommendation of in person or virtual tutoring) and:
    • Identify the staff responsible for monitoring and tracking the delivery of homebound instruction and instruction in the home to Students across the District;
    • Identify the specific increment of time in which the logs of homebound instruction and instruction in the home will be reviewed at the District level to ensure the delivery of services;
    • Combine existing forms to create a comprehensive tracking form for Students receiving homebound instruction and instruction in the home to be used by all tutors;
    • Develop a system for tracking missed homebound instruction and instruction in the home hours including the mode of parental notification and the plan for delivering missed services whenever applicable;
    • Identify a pool of certified teachers or contracted agencies that will be available in a timely manner when a Student requires homebound instruction or instruction in the home;
    • Meet regularly with the teachers providing homebound instruction and/or instruction in the home to ensure that instruction is being provided in accordance with each student’s IEP;
    • Identify all students currently receiving homebound instruction who are not actually eligible for homebound instruction due to a verified medical reason and return to PPT to review and determine the need for instruction in the home as a continuum of alternative placements and accurately reflect this in the updated IEPs as the students’ least restrictive environment (LRE); and
    • Train applicable staff on the updated procedures and practices following the submission of this information to the CSDE.
  • The District must review 34 CFR § 300.324(b) and RCSA §10-76d-1 with appropriate personnel on the LEA’s requirement to review students’ IEPs periodically, but not less than annually, to determine whether annual goals for the student are being achieved; and revise the IEP, as appropriate no later than March 1, 2026.
  • For the next 10 annual reviews required for students in the District, the District shall submit documentation that the annual reviews were held in accordance with the required timelines.