Teacher of the Year Ceremony
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Waterbury 26-0116

Complaint Summary

Date Findings Report Sent:

October 28, 2025

Case Number:

26-0116

Grade Level:

High School

Person filing complaint:

Attorney

School District:

Waterbury Public Schools

Allegation(s):

  • 34 CFR § 300.101 failure to provide a free appropriate public education (FAPE) to all children residing in their school district. In order to do so, a school district must offer an IEP that is reasonably calculated to enable a child to make progress that is more than de minimis and is appropriate in light of the child’s circumstances.
  • 34 CFR § 300.320(a) failure to have an IEP include a (1) statement of the child’s present levels of academic achievement and functional performance; (2) measurable annual goals, including academic and functional goals designed to meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; (4) statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child to advance appropriately toward attaining the annual goals and to be involved in and make progress in the general education curriculum; and (5) an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities.
  • 34 CFR § 300.324 failure to ensure that a Planning and Placement Team (PPT) reviews the student’s Individualized Education Program (IEP) periodically, but not less than annually, to determine whether the annual goals for the student are being achieved; and revise the IEP, as appropriate.
  • RCSA § 10-76d-15(f) failure to ensure homebound instruction be provided so as to enable the child to continue to participate in the general education curriculum and to progress towards meeting the goals and objectives in the child’s IEP.
  • 34 CFR § 300.114(a)(2) failure to ensure that (i) to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and (ii) special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily
  • 34 CFR § 300.115(a) failure to ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services, (b)(1) including "instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions."
  • 34 CFR § 300.116(d) failure to ensure that in determining the educational placement of a child with a disability, when selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs.
  • RCSA § 10-76d-15 failure to provide instruction to a child when such child is unable to attend school due to a verified medical reason which may include mental health issues.  In such a circumstance, the child’s treating physician must provide a statement in writing directly to the LEA, on a form provided by the LEA, stating the physician has consulted with school health supervisory personnel and has determined the student cannot attend school due to a verified medical reason, the child’s diagnosis with supporting documentation and the expected date the student will be able to return to school. The PPT shall consider and make accommodation for the child’s program to be moved (A) from public school to a home or health care facility, including but not limited to, a hospital, psychiatric facility or rehabilitation center, and (B) back to school when the child is able to return to school.
  • RCSA § 10-76d-15(b)(3) failure to ensure homebound and hospitalized instruction is specified in the child’s individualized education program and that in the case of a child receiving special education and related services, the planning and placement team shall, where necessary, modify short-term instructional objectives in the child’s individualized education program.
  • 34 CFR § 300.320(a)(3) failure to ensure that the IEP include a description of when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.
  • 34 CFR § 300.304(c)(6) failure to ensure that an evaluation is sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified; (7) requires that each public agency must ensure that assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided.

Conclusion(s):

  • The District is in violation of 34 CFR §§ 300.323(c)(2) and 300.17 and RCSA § 10-76d-1(a)(1). There is conflicting documentation regarding the specific services the Student should be receiving, and the District failed to accurately report the Student’s placement on homebound instruction in CT-SEDS. A significant delay occurred between when the Parent submitted medical information and when homebound placement was confirmed.
  • The District did not provide any rationale for the discontinuation of speech services during homebound instruction. While the District did provide a tutor, that individual does not hold the requisite certifications to provide the services as recommended on the IEP, and the District’s response did not provide evidence of special education case management oversight in the implementation of the tutoring. Additionally, the homebound instruction plan was not clearly documented, and the District's records reflect a shortage of 107.5 instructional hours that were not provided.
  • The District is in violation of 34 CFR § 300.101, § 300.320(a), § 300.324, and RCSA § 10-76d-15(f). IEPs that span two annual review PPT meetings with no revisions to goals and objectives are not reasonably calculated to enable the student to make progress in light of their circumstances. Through the entire 2024-2025 school year, the IEPs also reflect that the Student does not exhibit behaviors that impede his learning which is in direct contradiction with the District-acknowledged school avoidance behaviors. There are no goals, objectives, or related services related to these acknowledged concerns in the Student’s social, emotional, and behavioral functioning. The District’s tutor’s emails requesting information on the required curriculum and then expressing concern regarding the lack of communication with the Student’s teachers combined with the absence of any progress monitoring or reporting further underscore that the homebound instruction provided by the District did not enable the Student to truly participate in the general education curriculum and progress towards meeting the goals and objectives in their IEP.
  • The District is in violation of 34 CFR § 300.114(a)(2), § 300.115(a), § 300.116(d), RCSA § 10-76d-15, and RCSA § 10-76d-15(b)(3). There was no end date included on the District’s Physician Referral Form, and there were no PPT meetings held to modify short-term instructional objectives in the Student’s IEP or to periodically review the ongoing appropriateness of continuing homebound instruction. Additionally, no ongoing consultation with outside providers or planning for supports was conducted to determine if the Student could be educated in a less restrictive environment.
  • The District is in violation of 34 CFR § 300.320(a)(3) as they never provided the Parent with any progress reports during the 2024-2025 school year.
  • The District is in violation of 34 CFR § 300.304(c)(6). While the District did seek consent to complete an academic evaluation, this was not until a PPT meeting that was only scheduled due to a Parent request. Additionally, given the identified diagnoses provided by the Student’s physician and accepted by the District as sufficient to initiate homebound instruction, no additional assessments were then completed to address concerns in the Student’s social, emotional, and behavioral functioning.

Corrective Action(s):

  • The District will provide the Student with compensatory education to make up for the time missed. This provision aims to ensure that the student receives the necessary support to address any gaps in his education and to facilitate his continued progress and development. The provision of compensatory education shall occur under terms mutually agreed upon by the Parent and the District. If the District and the Parent encounter a disagreement about the scheduling of services, the District shall contact this office and this investigator will decide. The Parent may decline the offer of compensatory education in whole or in part. The District shall provide monthly reports documenting the delivery of these services.
  • The District is required to provide training for all staff involved in this case on the federal and state laws and regulations regarding homebound instruction and least restrictive environment. An agenda for the training, along with a list of attendees, must be submitted.
  • The District is required to provide training for all staff involved in this case on the federal and state laws and regulations regarding progress reporting requirements. An agenda for the training, along with a list of attendees, must be submitted.
  • The District is required to submit all 2025-2026 progress reports for the Student.
  • The District must convene a PPT meeting to review and revise the IEP to update the Student’s present levels of performance, update all corresponding sections of the IEP, and commission comprehensive evaluations to address all areas of suspected disability, which at a minimum must include all academic areas and speech. A copy of the Student’s updated IEP and recommended evaluations must be submitted.
  • Upon completion of the commissioned evaluations, the District must submit the evaluation results and a consequent plan for the provision of services to address any gaps.