Nashoba Regional School District 5916

Date

8/23/21

LEA

Nashoba Regional School District

5916

Issue

(1) District refused to give parent a start date for student to begin the partial residential programming (included in IEP) after the program reopened following a COVID-19 related closure.

(2) District failed to include in the service delivery and placement pages of the proposed IEP reference to the residential component. Furthermore, district did not timely issue the proposed IEP and Notice of Proposed School District Action (N1) to the parent.

(3) The placement in the program was not presented or recommended as a trial at the Team meetings, yet District erroneously asserted that the partial residential placement was proposed on a trial period.

Finding

Noncompliance:

(1) District did not include key information regarding the residential placement for parent consideration in the IEP which caused a delay in the implementation of the agreed upon weekly residential services. This delay resulted in denial of a free and appropriate public education.

(2) District did not reference the agreed upon partial residential placement in the service delivery grid or the placement page (PL1), but only in schedule modification. Post placement agreement deliberation is contradictory to Assurant district provided in its application to DESE. Additionally, district did not timely provide parent . Notices of Proposed School District Actions (N1) and the corresponding IEPs “immediately following the development of the IEP.”

(3) District’s failure to comply with written notice requirements contributed to the disagreement as to whether the placement was proposed on a trial or long-term basis, which impacted dates of service and the approval process of the unapproved residential program (for unapproved programs, districts must complete application 28M/3 “Notification for Intent to Seek Approval for an Individual Student Program”).

Corrective Action

District must provide training to Team Chairpersons and other staff that chair special education IEP meetings on written notice requirements; content of the IEP and placement; and timelines for provision of IEP by 9/30 and send DESE documentation of training by 10/15.

District must convene the Team to discuss student’s residential placement as a trial or long-term placement. District shall provide parent a copy of the IEP with all necessary content and send DESE copies of N1 and proposed IEP/Amendment by 10/15.

District must implement a compensatory services plan because of denial of FAPE and send DESE a copy by 10/15. If the parent and district are unable to develop a mutually agreed upon plan, they must submit their proposals for DESE to develop a plan.