Complaint Summary

Date Findings Report Sent

September 28, 2026

Case Number

27-0104

School District

North Branford Public Schools

Person filing complaint

Parents

Grade Level

Elementary School

Allegation(s)

The Parents allege that following the April 16, 2026, Planning and Placement Team (PPT) meeting convened to conduct a Manifestation Determination Review (MDR), the District failed to provide an Interim Alternative Education Setting (IAES), provide homebound instruction, or otherwise implement the Student’s Individualized Education Program (IEP) through the end of the school year on June 12, 2026. (34 CFR §§ 300.114(a)(2), 300.115(a), 300.323(c)(2), 300.17, and RCSA §§ 10-76d-15 and 10-76d-1(a)(1))

The Parents allege that the District failed to provide progress reports as required by the Student’s IEP during the 2025-2026 school year. (34 CFR § 300.320(a)(3)(i))

Conclusion(s)

The PPT met on April 16, 2026, and recommended placement at an IAES effective April 17, 2026. Following the meeting, the District took multiple steps to initiate the IAES placement, including issuing PWNs, notifying the receiving program, arranging intake and transition activities, coordinating transportation, and exploring an additional IAES option in response to Parent concerns. The IAES placement was made available by the District; however, the Student did not attend due to Parent disagreement including medical considerations. On April 24, 2026, in response to the Parent’s submission of medical documentation requesting homebound instruction, the District arranged for a tutor to begin on April 28, 2026. Homebound instruction was provided from April 28 through June 12, 2026, totaling more hours than the required amount (33.75 hours provided vs. 31.5 hours required). Instruction addressing the general curriculum and IEP goals was developed through the collaboration of the Student’s tutor, and general and special education teachers. Although the homebound tutor may have addressed some social‑emotional needs within instruction, counseling services delivered by a school psychologist, as required by the Student’s IEP, were not provided during this period. Counseling was also not discussed in the documented communication between the District and the Parents. Under IDEA, the District must ensure the student continues to receive services enabling progress in the general curriculum and toward IEP goals. The District ensured that an IAES was available, consistent with 34 CFR §§ 300.114(a)(2) and 300.115(a) but shifted to providing homebound instruction when medical documentation was submitted, consistent with RCSA § 10-76d-15(a)(1), and no later than the 11th day of absence from school, consistent with RCSA § 10-76d-15(c)(1). However, for students placed on homebound instruction, RCSA §10‑76d‑15(b)(3) requires that services align with the IEP and be modified by the PPT as needed. While the tutor was able to provide executive functioning and behavior services in excess of IEP requirements, the District did not reconvene the PPT to revise the IEP, to remove or modify counseling services, or provide counseling services from a school psychologist. Therefore, the District is in violation of RCSA § 10-76d-15(b)(3), 34 CFR §§ 300.323(c)(2), and 300.17, and RCSA § 10-76d-1(a)(1). Corrective action will follow.

The Student’s IEP required progress reporting consistent with general education grade‑level reporting and prior to the annual review. No progress reports were generated for the Student during the 2025‑2026 school year, in violation of 34 CFR § 300.320(a)(3)(i). Subsequent to the filing of this complaint, but prior to the issuance of the findings letter, the District acknowledged this failure and generated a progress report on July 31, 2026, to encompass the 2025-2026 school year, but corrective action will follow.

Corrective Action(s)

• The District must provide the Student with 240 minutes of compensatory education to make up for the missed counseling services. 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. If the District and the Parents encounter a disagreement about the scheduling of services, the District shall contact this office and the investigator will decide. The Parents are free to decline the offer of compensatory education in whole or in part. The District shall provide this office with monthly reports documenting the delivery of these services.
• On or before January 30, 2027, the District must provide training to appropriate staff related to the required documentation and provision of Homebound Instruction. Included in the content of such training should be a review of Chapter 7 of the Special Education Procedures and Practices Manual: Students Unable to Attend School for Medical Reasons. An agenda for the training, along with a list of attendees, must be submitted to this office.
• The District will ensure that progress reports aligned with IEP requirements are completed for the Student in CT-SEDS and provided to the Parents for the 2026–2027 school year. The District will provide copies of all the Student’s 2026-2027 progress reports to this office according to the required completion schedule in the Student’s IEP.