Complaint Summary
Date Findings Report Sent:
February 3, 2026
Case Number:
26-0320
Grade Level:
Elementary school
Person filing complaint:
Parent
School District:
Vernon Public Schools
Allegation(s):
- The Parent alleged that the District fail to appropriately qualify the Student for special education and related services in November 2025. (34 CFR § 300.8 and Regulations of Connecticut State Agencies (RCSA) 10-76a-1(4))
Conclusion(s):
34 CFR § 300.8 and Regulations of Connecticut State Agencies (RCSA) 10-76a-1(4) state a student is eligible for services under the IDEA if the student has one or more of the disabilities defined in the IDEA, the disability adversely affects the student’s educational performance, and as a result, the student requires special education and related services. Based on the information reviewed, the Student’s current Section 504 Plan provides access to general education; however, documented evidence indicates that the Student continues to experience increasingly significant academic and/or functional difficulties despite these accommodations.
Under the Individuals with Disabilities Education Act (IDEA), when a Student demonstrates persistent challenges that adversely affect educational performance and require specially designed instruction, the PPT team must determine whether the student is eligible for special education and related services. The Student has been often removed from the educational environment due to behavioral incidents, which result in the emergency use of restraint and/or seclusion. The Student’s continued struggles despite his Section 504 Plan should have been considered when determining the Student’s eligibility on November 21, 2025. Although the Student’s scores in academics areas were grade level or approaching grade level, the scores and his behavioral history show an adverse impact on his education. The District was in violation of 34 CFR § 300.8 and Regulations of Connecticut State Agencies (RCSA) 10-76a-1(4). Corrective action is required.
The District is obligated to ensure that all suspected areas of disability are evaluated and considered. Failure to do so may result in a denial of a Free Appropriate Public Education (FAPE). Generally, districts should not rely on grades alone when weighing whether a student’s condition adversely impacts his educational performance. Being able to engage in all features of school life is critical. This includes non-academic activities, such as lunch, assemblies, and transition times. Additionally, both academic and functional skills often follow a hierarchy of development, and foundational skills must be intact to allow for the development of later skills.
Therefore, the PPT team should reconsider the Student’s needs in light of current data, including progress monitoring, evaluations, parent and teacher input, to determine whether the Student requires an Individualized Education Program (IEP) to receive appropriate supports and services.Corrective Action(s):
- The PPT shall convene to determine if the Student is eligible for special education and related services. The PPT must consider functional performance of the Student, as well as his academic performance when determining if there is an adverse impact on educational performance.