Ashburnham-Westminster Regional School District 6007

Date

11/16/21

LEA

Ashburnham-Westminster Regional School District

6007

Issue

1) District has not provided in-person education, as described in student’s IEP, while student remains in Emergency Room of the hospital for over 60 days. Specifically, although the district has provided remote learning opportunities, parent maintains that student requires in-person education.

2) District failed to respond to parent’s request for an emergency IEP meeting to address those concerns.

*PRS identified and investigated concerns regarding education services during earlier instances of hospitalizations that school year.

Finding

Compliance:

District engaged in a reevaluation of student following the earlier hospitalizations. District provided evidence of attempts to engage parent on multiple occasions to discuss home hospital tutoring and provided appropriate home hospital tutoring forms to initiate services.

Unable to determine:

It is unclear whether there was a request for home hospital tutoring issued by the physician or initiated by the district or parent. It is also unclear whether any special education services were provided.

Noncompliance:

District denied student a free and appropriate public education as there is no evidence that student received significant 1:1 support to access remote learning and no evidence received IEP related services.

District failed to hold a Team meeting following parent’s request and did not issue written notice with the explicit reasons for refusal of the request to meet. Denial of FAPE based upon progress reports, remote attendance data, and lack of data relative to provision and engagement in IEP services.

Corrective Action

District must convene the Team and develop a compensatory services plan by 12/17/21. If the parties are unable to develop a mutually agreed upon plan, each party must submit their proposals for DESE to determine a plan.

By 12/17, District should develop a procedural memorandum to distribute to special education personnel outlining the requirements for response to Team meeting requests when district chooses not to hold the meeting. Director of Pupil Services should develop a letter of assurance to submit to DESE that appropriate notice will be provided.