Complaint Summary
Date Findings Report Sent
October 21, 2026
Case Number
27-0114
School District
Vernon (single student)
Person filing complaint
Parent
Grade Level
Elementary School
Allegation(s)
Issue 1: The Parent alleged that, in response to the Student making verbal threats, effective June 9, 2026, the District removed the Student from school and did not conduct a manifestation determination review to establish if the behavior was related to the Student’s disability or the direct result of the District failing to implement the Student’s IEP. (34 CFR § 300.530)
While the Student’s educational program was modified to be based in-home, the Student was not suspended as a result of his behavior. Therefore, this modification to his program does not constitute a change in placement requiring a manifestation determination. No further investigation was required. The District was not out of compliance with 34 CFR § 300.530.
Issue 2: The Parent alleged that the removal of the Student from school has denied the Student the right to be educated in the Student’s least restrictive environment (LRE). (34 CFR § 300.114)
Issue 3: The Parent alleged that after the Student was initially placed on ‘instruction in the home’, the Student was not provided with any educational services for five days, then received four days of tutoring for one hour per day, denying him a portion of his required special education services. (34 CFR § 300.17(d))
Conclusion(s)
Issue 2: 34 CFR § 300.114 requires that each school district must ensure that, to the maximum extent appropriate, children with disabilities are educated with children who are nondisabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
The District utilized the PPT process to consider all options regarding the continuum of placements related to the Student’s LRE based on the Student’s presenting behaviors, needs and circumstances and determined that an appropriate program, until further evaluative data could be gathered, was 1 hour per day of in-home academic tutoring and 30 minutes per day of in-home counseling. It was concluded that the District was not in violation of 34 CFR § 300.114. No corrective actions were required for this issue.
Issue 3: 34 CFR § 300.17(d) requires that special education and related services are provided in conformity with an individualized education program (IEP).
During the Student’s placement for instruction in the home, the Student was not provided with three 1-hour academic tutoring sessions (3 hours) and seven 30-minute counseling sessions (3.5 hours), which were owed to the Student. It was concluded that the District was not in compliance with 34 CFR § 300.17. Corrective actions were required for this issue.
Corrective Action(s)
- On or before December 31, 2026, the District shall provide the Student with compensatory services in the amount of 3 hours of academic tutoring and 3.5 hours of counseling. Upon full provision of these compensatory services to the Student, the District shall inform the BSE.