Vernon 26-0387

Complaint Summary

Date Findings Report Sent:

March 25, 2026

Case Number:

26-0387

Grade Level:

High school

Person filing complaint:

Parent

School District:

Vernon Public Schools

Allegation(s):

  • Issue 1: The Parent alleged that the District inappropriately denied a request for special transportation based on the Student attending a Magnet School outside of the District, and despite Parent and Magnet School requests. (34 CFR § 300.34(c)(16))
  • Issue 2: The Parent alleged that the District has not provided Prior Written Notice (PWN) refusing her request for special transportation from the PPT meeting held on November 14, 2025. (34 CFR § 300.503 and RCSA § 10-76d-8)
  • Issue 3: The Parent alleged that as of the filing of the state complaint, the District had not provided her with a copy of the IEP dated November 14, 2025. (RCSA § 10-76d-13(a)(6))

Conclusion(s):

Issue 1: Prior to attending the Magnet School, the Student received special transportation while attending her District school. After starting at the Magnet School for the 2021-2022 school year, special transportation was removed from the Student’s IEP at her annual review in January 2022. The Student’s enrollment at the Magnet School does not limit the scope of the available IEP services for the Student. The District’s position that they do not typically offer door-to-door transportation to students attending magnet schools as a typical practice is in contradiction to a Student’s right to an IEP that is based on individualized needs. While the District is not required to provide transportation for students attending a magnet school outside of the District, they are responsible for transportation as a related service in a Student’s IEP. The PPT administrator was in possession of the providers’ notes regarding the request for special transportation and the Parent’s multiple requests for special transportation although the Director (who was not in attendance at the PPT meeting) reported no recollection or record of the providers’ notes. Given the concerns raised by the Parent and Magnet School of the Student’s needs, the Student’s support of a one-to-one paraeducator throughout the school day, the providers’ notes requesting special transportation, and the lack of discussion at the PPT meeting as well as the lack of PWN noting the District’s refusal, it is determined that the District did not fully consider the Parent’s request for special transportation and the Student’s need for special transportation as a related service. It is noted however that any barriers the Parent experiences related to getting the Student to her existing bus stop which is 0.5 to 0.6 miles from her home do not directly result in the Student’s need for special transportation in order to access her education. While 34 CFR §

300.34(c)(16) defines transportation as a related service, 34 CFR § 300.324(a) requires that in developing the IEP each child's IEP, the IEP Team must consider— (i) The strengths of the child; (ii) The concerns of the parents for enhancing the education of their child; (iii) The results of the initial or most recent evaluation of the child; and (iv) The academic, developmental, and functional needs of the child. The District is in violation of 34 CFR § 300.324(a) for not considering the concerns of the Parent and the developmental and functional needs of the Student. Corrective action is required.

Issue 2: Prior Written Notice (PWN) is intended to provide the Parent with written notice of actions proposed and/or refused by the District. The District is obligated to provide separate PWNs for each proposed or refused action related to identification, evaluation, educational placement, or provision of FAPE to a child. While the District’s refusal of the Parent’s request for special transportation as a related service was noted under the PPT recommendations in the IEP dated November 14, 2025, the District did not provide PWN to the Parent noting the refused action related to the provision of FAPE (IEP) despite three separate emails from the Parent and DCF social worker requesting the PWN between November 21, 2025, and January 21, 2026 (Facts # 35-36).

When a PPT meeting is held to conduct a student’s annual review, the PWN must indicate that the District is proposing to change the provision of FAPE (IEP). The PWN completed for the PPT meeting held on November 14, 2025, which was the Student’s annual review, indicated that the District was proposing to initiate the provision of FAPE (IEP). This is not an accurate completion of PWN for the PPT meeting held on November 14, 2025.

The District is in violation of 34 CFR § 300.503 and RCSA § 10-76d-8 for not providing the Parent with PWN indicating the District’s refusal of the request for special transportation as well as for completing an inaccurate PWN for the same PPT meeting. Corrective actions are required.

Issue 3: The District finalized the IEP for the PPT meeting held on November 14, 2025, on November 26, 2025, which was 8 school days after the PPT meeting. Although the District cited the Magnet School’s completion of the IEP as the reason for the delay in finalizing the IEP, a review of CT-SEDS confirmed that the last edit of the IEP completed by the Magnet School was on November 18, 2025, which was within the five school days after the PPT meeting. The next action in CT-SEDS was on November 26, 2025, when the District finalized the IEP. Therefore, the District is in violation of RCSA § 10-76d-13(a)(6). Corrective action is required.

Through the course of the investigation, it was discovered that the Parent had not accessed the CT-SEDS Parent Portal during the 2025-2026 school year. The Parent’s email address within CT-SEDS was an outdated email address that was no longer being used. Upon notification, the District updated the Parent’s email address in CT-SEDS to ensure access to the Parent Portal.

Also, through the course of the investigation, it was discovered that the District’s PPT administrator is not listed as in attendance at the PPT meeting on the IEP dated November 14, 2025. The IEP should accurately reflect the PPT attendees present at the meeting. See the recommendation below.

Corrective Action(s):

1. Without delay, the District must reconvene a PPT meeting to thoroughly review the Parent’s request for special transportation in accordance with 34 CFR § 300.324(a). The District must provide this investigator with weekly updates including all attempts by the District to schedule the PPT meeting. This investigator must be provided with notice once the PPT meeting is held.

If the PPT determines that special transportation is not required at this time, data must be collected on the Student’s current transportation for 6-8 weeks. Upon completion, the PPT must reconvene to review the data and again consider the Student’s need for special transportation. Documentation of the scheduling and convening of the PPT meeting must be shared with this investigator. The second PPT meeting must be held by the end of the 2025-2026 school year, if necessary.

2. The District must provide training for the special education staff at the Student’s PPT meeting held on November 14, 2025, to review the requirements of Prior Written Notice including 34 CFR § 300.503, Section 13 of the Connecticut IEP Manual, and the CSDE’s Prior Written Notice (PWN) Actions Proposed/Refused Reference Guide. IEP Manual and Reference Guide are attached. An outline of the training and the names of the staff members, their signatures, and date of the review must be sent to this investigator no later than May 8, 2026. The District must then send to this investigator the names of 3 students who have PPT meetings held following the completion of this training between May 8, 2026, and June 30, 2026, for review.

3. The District must immediately provide the Parent with PWN indicating the District’s refusal of the Parent’s request for special transportation on November 14, 2025. The District must also immediately issue a corrected PWN to replace the existing inaccurate PWN date November 14, 2025, to indicate that the District was proposing to change the provision of FAPE (IEP) at the Student’s annual review PPT meeting held on November 14, 2025. Upon completion, the District must notify this investigator and this investigator will confirm the updates in CT-SEDS.

4. The District must review the required timelines of RCSA § 10-76d-13(a)(6) with the responsible PPT members present at the PPT meeting held on November 14, 2025. The content of the review and staff signatures and date of completion must be sent to this investigator on or before May 8, 2026.

5. The District must provide this investigator with the SASIDs of five District students attending magnet schools whose PPTs convene after the training and no later than May 29, 2026, so that this office may review the generation and finalization dates of IEPs through CT-SEDS to ensure compliance with RCSA § 10-76d-13(a)(6).

Recommendation:

1. The District should correct the IEP dated November 14, 2025, to accurately reflect all members of the PPT who were in attendance, including the District’s PPT administrator.