Special Education Law

The Disproportionate Representation of Minorities in Special Education Classes

This past July, a new law went into effect here in Connecticut that requires the State Department of Education to identify school districts that “disproportionately and inappropriately identif[y] minority students as requiring special education because such students have a reading deficiency.”[1] Under this statute, the term “minority student” takes on the public’s common understanding: any student that is non-white or of Hispanic/Latino ethnicity.

In 1954, the Supreme Court issued its landmark ruling in Brown v. Board of Education that struck down de jure racial segregation, noting that “separate educational facilities are inherently unequal.”[2] Since then, many great strides have been made to offer free, appropriate public education to all children, regardless of race, ethnicity, gender, socio-economic status, and disability. In the realm of special education, Congress has enacted various statutory schemes that provide comprehensive protections for children with mental or physical disabilities. This occurred most notably in the form of the Individuals with Disabilities Act (IDEA) and its predecessor, the Education for All Handicapped Children Act (EAHCA), which “ushered in an era in which the federal government became active in financing and regulating special education services provided by local districts.”[3]

The goal was noble: ensuring that students with disabilities would receive a free and appropriate public education (FAPE) on par with students in regular classrooms. Unfortunately in practice, African American and Hispanic students are being disproportionately identified as having emotional behavioral disorders and intellectual disabilities, and are thus “more likely to be served in special education classes and residential placements more than their peers.”[4] One study in Massachusetts, for example, revealed that while African Americans represented approximately 12.4% of the total U.S. population, they were “approximately 1.3 times (approximately 30%) more likely than non-African American students to be found eligible for special education.”[5] Hispanic students received similar results.

What is the source of this improper labeling? As a New York Times columnist mused, “the students are being placed in special education because educators are misinterpreting behavior problems and misunderstanding cultural differences.”[6] Connecticut was not innocent in this respect, as one civil rights lawyer dubbed “Connecticut’s dirty little secrets in education.”[7] As further highlighted in the same Times article:

  • Hartford: Hispanic students were “more than four times as likely as whites to be identified as having a learning disability.”
  • Norwalk: African American students constituted 36% of the special education population, but was only 25% of the total student population.
  • West Hartford: African American students were “more than five times as likely as whites to be diagnosed as having an emotional disturbance.”
  • Windham: Hispanic students constituted 58% of the total student population, but represented 64% of the special education population and “nearly 70 percent of students classified as having a speech or language impairment.”

Other reasons cited include subjectivity in decision-making that allows for bias and misinterpretation of cultural cues – such as “bad” as a slang for “cool” being misread by an evaluator as exposure to “negative influences.”[8] In this example, the social worker involved stated, “It really started to speak loudly to the fact that people involved didn’t understand our community.”

Nonetheless, Connecticut’s Public Act 12-116 § 90 is certainly a step in the right direction to ensure that minority students are not inappropriately and disproportionately placed into special education programs when it is not warranted. Only time will tell whether meaningful progress will be made, or whether litigation will be necessary because such progress is “uneven” or “moving too slowly in the desired direction.”[9]

Written by Lindsay E. Raber, Esq.

If you are a parent who believes that your child has been improperly placed as a special education student, it is imperative that you are aware of your rights and consult an experienced school law attorney. Should you have any questions about special education or other education law matters, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.


[1] Public Act 12-116 § 90(a).

[2] Brown v. Board of Education, 347 U.S. 483, 495, 74 S. Ct. 686, 692 (1954).

[3] “Special but Unequal: Race and Special Education,” by Matthew Ladner and Christopher Hammons. 2001: http://www.dlc.org/documents/SpecialEd_ch05.pdf

[4] “The overrepresentation of African American students in special education,” by Latanya Fanion. July 22, 2010: http://www.examiner.com/article/the-overrepresentation-of-african-american-students-special-education

[5] “Disproportionality: A Look at Special Education and Race in the Commonwealth,” by Matthew Deninger. Pp. 1, 4. September 2008: http://www.doe.mass.edu/research/reports/Edbrief_final.pdf

[6] “Special Education and Minorities,” by Avi Salzman. November 20, 2005: http://www.nytimes.com/2005/11/20/nyregion/nyregionspecial2/20ctspecial.html

[7] Id.

[8] Id.

[9] Id.

THE IDEA’S “CHILD FIND” PROVISION: JUST HOW HARD DOES A SCHOOL DISTRICT HAVE TO LOOK?

            Parents, school administrators, and education attorneys are waiting to see if the United States Supreme Court will review the decision of the United States Court of Appeals for the Ninth Circuit in Compton Unified Sch. Dist. v. Addison, 598 F.3d 1181 (9th Cir. 2010).  That decision significantly increased a School District’s obligation to identify students eligible for special education, and greatly expanded parents’ rights to a due process hearing to determine if the District had failed to discharge its duty.  Although handicapping the Supreme Court is crystal ball gazing, at best, the Court may well not only hear the case, but also reverse the Court of Appeals.  Until the appellate dust settles, this article will give you the new legal landscape and inform students and parents of their expanded rights.

            The Individuals with Disabilities Education Act (“IDEA”) conditions federal funding to states on their adopting policies and procedures ensuring that “all children with disabilities . . . who are in need of special education services[] are identified, located, and evaluated.”  This provision is known as the “child find” requirement.  The IDEA further requires School Districts to provide written notice to a child’s parents whenever it “proposes to initiate or change” or ”refuses to initiate or change the identification, evaluation, or educational placement of the child . . . .”

            The student involved in the case, Starvenia Addison, received horrific and indefensible treatment at the hands of the Compton, California School District.  Her school counselor did not consider it atypical for Addison, a ninth-grader, to perform at a fourth-grade level.  In the fall of her tenth-grade year, Addison failed every academic subject.  The counselor considered these grades to be a “major red flag.”  Teachers reported Addison’s work as “gibberish and incomprehensible.”  A third-party mental health counselor recommended that the District assess Addison for learning disabilities.  Despite the recommendation, the District did not refer Addison for an educational assessment and instead promoted her to eleventh grade.

            Addison brought an administrative claim under IDEA seeking compensatory educational services for the District’s failure to identify her needs and provide a free appropriate public education.  An administrative law judge found for Addison and the U.S. District Court subsequently agreed.  An appeal followed to the Court of Appeals.  The Ninth Circuit, obviously (and understandably) deeply offended by the District’s actions, phrased the District’s arguments in such pejorative terms that it was obvious that it, too, was going to find in Addison’s favor.  For example, the Court said: “the School District seeks to cast its deliberate indifference as something other than a ‘refusal.’”  Two Judges of the three-judge panel affirmed the District Court in perfunctory fashion with only casual references to broad legal generalizations.

            The remaining Appellate Judge, however, filed a dissenting opinion that dwarfs the majority opinion in terms of depth, breadth, and legal analysis.  He, too, was troubled by the distressing facts, but essentially found that under the IDEA and state law, a due process hearing may be held only where the District purposefully acts, or refuses to act, as opposed to where the complained-of conduct is best described as negligent.  Actually, the complained-of conduct could also be fairly described as gross negligence or reckless indifference but the dissenting Judge chose not to go there, perhaps fearing that it would lead him to a different result.  The otherwise thorough and well-reasoned dissent offers the Supreme Court a road map to overturning the decision of the Court of Appeals.

            For the time being, however, the decision of the Ninth Circuit in Addison is binding on the Federal Courts in the nine most western states of the United States, and may be considered persuasive, and therefore followed, by other Courts throughout the nation.  In petitioning the Supreme Court to take up the case, the District cites liberally to the dissenting opinion and laments the majority’s creation of a claim for educational malpractice where none has previously existed.  Finally, because there are 2200 school districts and over one million special education students served within the geographical boundaries of the Ninth Circuit, the Supreme Court may consider the Addison case sufficiently impactful to warrant review.

            Until  Addison is affirmed, reversed, or otherwise clarified, special needs students and their parents have additional ammunition with which to press their School District for an educational evaluation, an IEP, a due process hearing, and potentially the bringing of an action in U.S. District Court.

       

If you have any questions regarding your child’s education, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Growing Awareness Surrounding Bullying of Students with Disabilities in Fairfield County

If you have any questions regarding bullying of students with disabilities, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Bullying has gained the attention of the media over recent years, but despite the focused spotlight, bullying is rampant in our society.  Among the easiest targets are children with special needs.  They are, on average, at a greater risk to be bullied than their non-disabled counterparts.  This is in part because special education children make easy targets. It is often harder for children with disabilities to recognize which behaviors are socially appropriate and those that are not.

Many organizations are stepping up to the challenge of educating the community and parents on the complex issues surrounding bullying of students with disabilities. The Stratford Special Education Teacher and Parent Association recently held a presentation on “Bullying of Students with Disabilities.” The presentation focused on how to help schools avoid litigation stemming from the targeting of children with special education needs. The hope is to set up systems in schools that address bullying before it becomes a problem.  Interestingly, the presentation also focused on teaching parents how to work with the school system to effectively develop plans to prevent harassment of their children.  It is important that parents work with school administrators to develop Individualized Education Programs (IEPs) that encourages students to learn, develop self-advocacy, and social and life skills necessary to reduce disability related harassment.

In addition to parents and school administrators working together to reduce and bring awareness to bullying and its drastic effects, it is also important to be familiar with the laws that protect children with disabilities.  At Maya Murphy, P.C., we have experience dealing with Education Law, harassment or bullying, Special Education Law, and discrimination.

By Leigh H. Ryan, Esq.

If you have any questions regarding bullying of students with disabilities, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

What Parents Need to Know About Special Education Law

The state and federal governments enacted various regulations to protect a student with disabilities and to ensure that he or she obtains a Free Appropriate Public Education (FAPE).  Parents play a key role in the success of any special education program implemented for their children. Given the complexity of special education law, it is important to understand the significant responsibility a parent has in the special education system.

Referral to Special Education and Related Services

This is the first step in the process to determine a child’s eligibility for special education and related services. Parents should be aware that you have the right to request such a referral.  The referral must be in writing.  School officials also have the ability to make a referral.  However, a parent is often in a better position to suspect any disabilities, and can make an early referral to special education services through Connecticut’s Birth to Three program, prior to enrollment in school.

Planning and Placement Team (PPT)

The PPT reviews all referrals to special education. As a parent of a child, you have the right to be actively involved in the PPT, and are, in fact, a valued asset of the PPT.   A PPT generally consists of the parent(s), one of the child’s educators, a special education teacher, a representative of the school district, a pupil services personnel, and the child (depending on age).   As a parent, you have the right to include other individuals who have knowledge or special expertise regarding your child.  As a valued member of the PPT, the school district must try to schedule meetings at a mutually agreeable time and place for you and must notify you, in writing, at least five (5) school days prior to holding the meeting.

Evaluations, Independent Educational Evaluations (IEE), and Reevaluations

The evaluation is the study used to determine a child’s specific learning strengths and needs, and ultimately determine whether your child is eligible for special education services. As an active participant, a parent can assist the PPT in designing the evaluation.  That is why sharing with the PPT all important information concerning your child’s skills, abilities, observations, and needs can be extremely beneficial to the process.  If you disagree with the evaluation conducted by the school district, you have a right to obtain an independent educational evaluation (IEE).  Such an IEE can be obtained at the school district’s expense, unless the school district can prove its evaluation is appropriate or that the IEE does not meet the school district’s criteria. If the school district believes that its evaluation was appropriate, it must initiate a due process hearing (or pay for the IEE).  In either event, you have a right to an IEE. However, if the school district’s evaluation is found appropriate, the parent will have to bear the cost of the IEE.  Reevaluation must be performed at least once every three (3) years, or sooner if conditions warrant. At the reevaluation, the educational needs of your child will be assessed, along with present levels of academic and related development needs of your child to determine whether your child continues to need special education and related services and whether your child’s IEP needs to be modified.

Individualized Education Program (IEP)

The IEP is a written plan that describes in detail your child’s special education program created by the PPT. Given the IEP is designed specifically for your child, it is vital that as a parent you exercise your right to be actively involved in the PPT meetings.  The IEP is designed to identify your child’s current levels of education and functional performance and any modifications or accommodations your child needs to participate in the general education curriculum. A child with a disability must, to the maximum extent possible, be educated with his/her nondisabled peers.  This is called the Least Restrictive Environment (LRE). By law, you are entitled to receive a copy of your child’s IEP within five (5) school days after the PPT meeting was held to develop or revise the same.

Informed Consent

Prior to evaluating a child for the first time, a school district must obtain the parent’s written informed consent.  Informed consent means that a parent has been given all the information needed to make a knowledgeable decision. Written informed consent must also be obtained prior to the initial placement into special education, before a child is placed into private placement, and before a child is reevaluated.  As a parent, you can refuse to give your consent and you can withdraw consent once it has been given.  Giving consent for an initial evaluation does not mean that consent was given to place a child into special education or for any other purposes.  A school district must obtain separate written informed consent for each.

Placement

To the maximum extent possible, your child must be educated with his/her nondisabled peers in a general education classroom.  Removal from the school that your child would attend had he/she not had a disability, should only occur when the nature or the severity of the disability is such that educating your child in that setting cannot be achieved satisfactorily.  If this is the case with your child, the PPT must find an appropriate educational placement as close as possible to your home, at the cost of the school district.  While you can place your child in private placement on your own, there is no guarantee of full or partial reimbursement from the school district and that will ultimately depend on the findings by a hearing officer.

Disciplinary Procedures

The school district’s code of conduct applies to all children, with or without a disability. Prior to any suspension or removal, your child has the right to an informal hearing conducted by a school administrator. If it is determined by the PPT that the behavior was caused or related to your child’s disability, then your child may not be removed from the current education placement (except in the case of weapons, drugs, or infliction of serious bodily harm).  It is the PPT’s obligation to conduct a functional behavioral assessment and implement a behavioral intervention plan.

Access to Records

If your child has not reached the age of majority, as a parent you have a right to inspect and review his/her school records. The request must be in writing. The school district must allow you to review the records within ten (10) school days from your request or within three (3) school days if you need the information for a PPT meeting.  Connecticut law provides that you are entitled one free copy of your child’s records, and the school district has up to five (5) school days to provide you with that copy.

Due Process

A parent has the right to ask for a due process hearing as a result of the school district’s refusal to consider or find that your child has a disability, to evaluate your child, to place your child in a school program that meets his/her needs, or to provide your child with a FAPE.   A parent may bring an advocate or attorney with them to aid throughout the hearing.  A hearing officer will make a final decision within 45 days from the start of the timeline.  Generally, while a due process hearing is pending, a child’s classification, program or placement cannot be changed.

Alternative Dispute Resolution

There are three ways, other than a full due process hearing, to settle disputes between parents and the school district. The first is the Complaint Resolution Process, wherein a parent files a written complaint with the Bureau of Special Education, alleging the local school district has violated a state or federal requirement.  Within sixty (60) days, a written report which includes the Bureau’s findings, conclusions, corrective actions and recommendations, will be mailed to the Complainant.  The second alternative is mediation. Both parties (the parents and the school district) must agree to mediate the dispute.  At mediation, if an agreement is reached, it is placed in writing and is legally binding.  All discussions during mediation are confidential.  The last alternative is an advisory opinion. This is a non-binding opinion, issued by a hearing officer, after a brief presentation of information by both parties.  After receiving the advisory opinion, the parties can decide to settle the dispute or proceed to a full due process hearing.

By: Leigh H. Ryan, Esq.

If you have any questions regarding special education law, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

 

What You Need to Know About Your Child’s Education

One of the reasons that parents work so hard is to be able to provide a better life and a better future for their children. The bedrock of a bright future is a good education.  As a parent, it is important to understand your rights and obligations when it comes to your child’s education.

Adequate Education

As a parent, you are required to have your children enrolled in public school, unless the parent can show that the child is receiving equivalent instruction elsewhere. Under Connecticut law, the child must be “instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments.” Conn. Gen. Stat. § 10-184.

School Accommodations

The local school board is required to provide school accommodations to every child, age five (5) or over and under twenty-one (21), with a free appropriate public education. This includes children with special needs. The law also provides for your child’s education to take place in the district in which you live.

Absences

The State of Connecticut has strict regulations concerning a child’s absence from school. Specifically, the State declares a child who has four (4) or more unexcused absences in a month or ten (10) or more unexcused absences during the school year as a “truant.” The designation of your child as a truant results in the activation of certain policies and procedures of the school board, including but not limited to, the notification of the parents, services and referrals to community organizations offering family support, meetings with the parents and school personnel, and possible notification to the Superior Court.  Conn. Gen. Stat. §10-198a. Habitual truants could even face arrest for failure to attend school. Conn. Gen. Stat. §10-200.

Open Choice

Connecticut law has established alternatives to traditional public school education. A parent can home school their children, as long as they comply with Conn. Gen. Stat. §10-184. A parent can choose to send their child to private school, as long as that private school conforms to Connecticut’s laws. But what many parents are not aware of is that Connecticut also offers charter, magnet and vocational schools, and the “open choice” program.  Given the number of opportunities available to parents and children in Connecticut, it is important to research the various options to find the best match for you and your child.

Discipline

The school has the right to discipline your child for breaking school rules. This could mean removing your child from the classroom, giving an in-school suspension, giving an out-of-school suspension, or even expelling your child from school. Prior to any suspension or removal, your child has the right to an informal hearing conducted by a school administrator. If the school is attempting to expel your client, there will be an expulsion hearing. You have a right to an attorney during these proceedings.

Medications

The school, prior to prescribing any medication to your child, must receive a written order from  an authorized prescriber, the written authorization of the child’s parent or guardian, and the written permission of the parent allowing communication between the prescriber and the school nurse.  Conn. Gen. Stat. § 10-212a-2(b). The law also permits school districts to allow children to self-administer prescribed emergency medications, such as asthma inhalers, if the child has a verified chronic medical condition and is capable to self-administer.

Bullying

Bullying has become a pervasive problem within schools. State and Federal laws state that the school must investigate reports of bullying. The schools are obligated to meet with the children that are being bullied and whom are doing the bullying. If the schools fail to take certain steps to protect children from bullying, the school could be subject to civil liability. Therefore, if your child is being bullied, bring it to the attention of the schools so that they can attempt to remediate the situation.

Bullying is not just peer-on-peer. Recently, in Frank v. State of Connecticut Department of Children and Families, the Court upheld a hearing officer’s decision placing Mr. Frank’s name on the child abuse and neglect registry, for his bullying of one of his students. Consequently, as a parent you should be aware that bullying can take many forms, and can occur by teachers and other faculty members. 2010 Conn. Super. LEXIS 3085, J.D. of New Britain, Docket No. CV-10-6005213-S (2010).

School Records

A parent has the right to see their child’s school records. A school is required to provide you with a copy of your child records within 45 days (within 10 days if your child is receiving special education services).  The school also has to provide the records free of cost if you are unable to afford the copying fees.

The school is not allowed to share your child’s school records without your written permission. While they are allowed to share your child’s records with other teachers and staff within the school system (or outside the school system in the case of an emergency), generally, your child’s records are private.

If you have any questions regarding your child’s education, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Special Needs Trusts in Connecticut

A special needs trust is set up for a person with special needs to supplement any benefits the person with special needs may receive from government programs. A properly drafted special needs trust will allow the beneficiary to receive government benefits while still receiving funds from the trust. There are three main types of special needs trusts, but first it is important to understand how a typical trust works.

What is a trust?

A trust is really a relationship between three parties — a donor, who supplies the funds for the trust; a trustee, who agrees to hold and administer the funds according to the donor’s wishes; and a beneficiary or beneficiaries who receive the benefit of the funds. Often, but not always, the donor’s wishes are spelled out in a document that gives the trustee instructions about how she should use the trust assets. Trusts have been used for estate planning for a long time, and are highly useful tools for ensuring that a donor’s property is administered as he sees fit. One of the reasons trusts are so popular is that they usually survive the death of the donor, providing a low-cost way to manage the donor’s assets for others when the donor is gone.

What is a Special Needs Trust?

A special needs trust is a trust tailored to a person with special needs that is designed to manage assets for that person’s benefit while not compromising access to important government benefits. There are three main types of special needs trusts: the first-party trust, the third-party trust, and the pooled trust. All three name the person with special needs as the beneficiary. A “first-party” special needs trust holds assets that belong to the person with special needs, such as an inheritance or an accident settlement. A “third-party” special needs trust holds funds belonging to other people who want to help the person with special needs. A pooled trust holds funds from many different beneficiaries with special needs.

What kinds of Special Needs Trusts are there?

The reason there are several different types of trusts has to do with regulations regarding Supplemental Security Income (SSI). SSI is a government program that assists people with low incomes who have special needs. In order to qualify for SSI, an applicant or beneficiary can have only $2,000 in his own name. If the person has more than $2,000 in his own name, (typically because of excess savings, an inheritance or an accident settlement), the government allows him to qualify for SSI so long as he places his assets into a first-party special needs trust.

The trust must be created by the beneficiary’s parent or grandparent, or by a court, but it cannot be created by the beneficiary, even though his assets are going to fund the trust. While the beneficiary is living, the funds in the trust are used for his benefit, and when he dies, any assets remaining in the trust are used to reimburse the government for the cost of his medical care. These trusts are especially useful for beneficiaries who are receiving SSI and come into large amounts of money, because the trust allows the beneficiary to retain his benefits while still being able to use his own funds when necessary.

Third-Party Special Needs Trusts

The third-party special needs trust is most often used by parents and other family members to assist a person with special needs. These trusts can hold any kind of asset imaginable belonging to the family member or other individual, including a house, stocks and bonds, and other types of investments.

The third-party trust functions like a first-party special needs trust in that the assets held in the trust do not affect an SSI beneficiary’s access to benefits and the funds can be used to pay for the beneficiary’s supplemental needs beyond those covered by government benefits. But a third-party special needs trust does not contain the “payback” provision found in first-party trusts. This means that when the beneficiary with special needs dies, any funds remaining in her trust can pass to other family members, or to charity, without having to be used to reimburse the government.

Pooled Special Needs Trust

A pooled trust is an alternative to the first-party special needs trust. Essentially, a charity sets up these trusts that allow beneficiaries to pool their resources for investment purposes, while still maintaining separate accounts for each beneficiary’s needs. When the beneficiary dies, the funds remaining in her account reimburse the government for her care, but a portion also goes towards the non-profit organization responsible for managing the trust.

Anyone can establish a special needs trust and, if the trust is properly drafted to account for tax planning, in certain situations gifts into the trust could very well reduce the size of the donor’s taxable estate. As if these are not enough reasons to create a trust, elderly people who are attempting to qualify for long-term care coverage through Medicaid can transfer their assets into a properly drafted third-party special needs trust for the sole benefit of a person with disabilities without incurring a transfer-of-assets penalty, allowing the elder to qualify for Medicaid and making sure that the person with disabilities is taken care of in the future.

Of course, every person with special needs is different, which means that every special needs trust is going to be different as well. The only way to determine which special needs trust is right for your family is to meet with a qualified special needs planner to discuss your needs. If you have any questions regarding this topic, or any special education law matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

What are Special Education Related Services?

Your child’s need of related services will be determined by your child’s Planning and Placement Team (PPT) or Individualized Education Plan (IEP). Services shall be implemented as part of his or her IEP. Your child’s school district is responsible for the costs of implementing related services pertaining to your child’s needs. This is part of the school’s requirement to provide a free appropriate public education (FAPE). FAPE, by definition, includes related services.

The following are examples of related services:

  • speech-language pathology and audiology services
  • interpreting services
  • psychological services
  • physical and occupational therapy
  • recreation, including therapeutic recreation
  • social work services
  • counseling services, including rehabilitation counseling
  • orientation, mobility and medical services (except that such medical services shall be for diagnostic and evaluation purposes only)

If you have any questions regarding this topic, or any special education law matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

What You Should Know About a Special Education IEP in Connecticut

If your child is determined to be eligible for special education services in Connecticut, you will have to begin the process of developing an individualized education program (IEP) to meet your child’s specific needs. The IEP is a written plan that describes your child’s special education program.

To develop and IEP, you will have assistance from the Planning and Placement Team (PPT). As a parent, you are an integral part of the team who can shed light on the personal specific needs of your child. Alongside yourself, the PPT will consist of at least one of your child’s regular education teachers, at least one of your child’s special education teachers, related service providers such as a therapist, and someone from the school district such as the Director of Special Education.

Before you meet with the PPT to develop your child’s IEP, there is some significant planning that should be done. For instance, parents are encouraged to do the following before their child’s IEP meeting:

Talk to your child about their thoughts and feelings about school
Make a list of your child’s strengths and weaknesses and set realistic goals for the school year
Ask for a copy of your child’s school records and review them carefully, you have a right to receive a free copy upon 5 days advance written request
Make sure all necessary evaluations have been completed
Think about inviting professionals who will support your suggestions about your child’s IEP or placement
Make a written plan of what you are going to say in the meeting
Record the meeting either visually or with a tape recorder

After the meeting, the IEP for your child will be developed and should include most, if not all, of the following elements:

Present level of education and functional performance
Measurable educational goals and objectives
Evaluation procedures and performance criteria
Accommodations your child needs to participate in general education curriculum
Special education needs and related services
The date services will begin and end
The length of the school day and year
Recommended instructional settings
A description of how your child will take state wide tests
Transitional goals

Once this plan is developed and submitted, it generally will not be changed without participating in another PPT meeting. However, in some situations, changes may be made without a PPT meeting if you and the school agree to them. After the plan is developed, the PPT will recommend placement in a special education program and related services. Such placement could include regular classes with supportive aids, special classes, special schools, your home, a hospital, and residential programs. In Connecticut, each special education child will be placed in the “least restrictive environment” possible for a beneficial education.

Finally, your child must be reevaluated once every three years, unless you and the school agree otherwise; before any significant change in placement; and before a determination is made that your child is no longer eligible for special education.

Developing a special education IEP is very labor and detailed intensive. There are many steps to ensuring a proper IEP is developed and that the PPT recommends appropriate placement for your child. It can be very beneficial to have an experience educational law attorney on your side throughout the IEP development process. With decades of experience, and extensive knowledge on the intricacies of Special Education IEP development, the educational law attorneys at Maya Murphy, P.C. are here to help you every step of the way. From planning to placement, Maya Murphy can ensure you and your child’s needs are appropriately documented and taken care of. Feel free to call 203-221-3100 or email Ask@mayalaw.com to schedule a free consultation today.

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What You Should Know About a Special Education IEP in Connecticut

If your child is determined to be eligible for special education services in Connecticut, you will have to begin the process of developing an individualized education program (IEP) to meet your child’s specific needs. The IEP is a written plan that describes your child’s special education program.

To develop and IEP, you will have assistance from the Planning and Placement Team (PPT). As a parent, you are an integral part of the team who can shed light on the personal specific needs of your child. Alongside yourself, the PPT will consist of at least one of your child’s regular education teachers, at least one of your child’s special education teachers, related service providers such as a therapist, and someone from the school district such as the Director of Special Education.

Before you meet with the PPT to develop your child’s IEP, there is some significant planning that should be done. For instance, parents are encouraged to do the following before their child’s IEP meeting:

Talk to your child about their thoughts and feelings about school
Make a list of your child’s strengths and weaknesses and set realistic goals for the school year
Ask for a copy of your child’s school records and review them carefully, you have a right to receive a free copy upon 5 days advance written request
Make sure all necessary evaluations have been completed
Think about inviting professionals who will support your suggestions about your child’s IEP or placement
Make a written plan of what you are going to say in the meeting
Record the meeting either visually or with a tape recorder

After the meeting, the IEP for your child will be developed and should include most, if not all, of the following elements:

Present level of education and functional performance
Measurable educational goals and objectives
Evaluation procedures and performance criteria
Accommodations your child needs to participate in general education curriculum
Special education needs and related services
The date services will begin and end
The length of the school day and year
Recommended instructional settings
A description of how your child will take state wide tests
Transitional goals

Once this plan is developed and submitted, it generally will not be changed without participating in another PPT meeting. However, in some situations, changes may be made without a PPT meeting if you and the school agree to them. After the plan is developed, the PPT will recommend placement in a special education program and related services. Such placement could include regular classes with supportive aids, special classes, special schools, your home, a hospital, and residential programs. In Connecticut, each special education child will be placed in the “least restrictive environment” possible for a beneficial education.

Finally, your child must be reevaluated once every three years, unless you and the school agree otherwise; before any significant change in placement; and before a determination is made that your child is no longer eligible for special education.

Developing a special education IEP is very labor and detailed intensive. There are many steps to ensuring a proper IEP is developed and that the PPT recommends appropriate placement for your child. It can be very beneficial to have an experience educational law attorney on your side throughout the IEP development process. With decades of experience, and extensive knowledge on the intricacies of Special Education IEP development, the educational law attorneys at Maya Murphy, P.C. are here to help you every step of the way. From planning to placement, Maya Murphy can ensure you and your child’s needs are appropriately documented and taken care of. Feel free to call 203-221-3100 or email Ask@mayalaw.com to schedule a free consultation today.

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Milford Teacher and Coach Accused of Assaulting Student

Via WFSB CT: MILFORD, CT

A Milford teacher is under arrest after being accused of placing a student in a headlock. Mark Ruzbarsky, a math teacher at Jonathan Law High School, was taken into custody July 3 on an arrest warrant. Police said Ruzbarsky, who is in his fourth year as a math teacher at Jonathan Law High School, was accused of restraining the unidentified student by the neck during a class at the school.

The incident reportedly happened during an algebra class in February, and Ruzbarsky was charged late last week. He said he didn’t mean to hurt the student and that it was all meant in fun. “I think that’s absolutely awful,” said Courtney Luciana of Milford. Milford police said Ruzbarsky was teaching the algebra class last February when he noticed a 15-year-old student wasn’t completing his classwork. That’s when investigators said he grabbed the student’s arm, and according to an arrest “Ruzbarsky then squeezed his neck and pushed his head down,” and the victim told police the headlock lasted about one second and that he could not breathe.

“It’s OK for teachers to play around with their students here and there but I don’t believe in putting their hands on a child whatsoever is OK,” said Luciana. Seconds after the alleged headlock, the victim told police that Ruzbarsky did it again and this time “he couldn’t breathe for approximately five seconds.” Ruzbarsky told police that it was all in good fun since “the victim raised his head and smiled at him.”
Later that day, the student told a guidance counselor “his neck hurt when he touched it and he did have minor scrapes on his neck,” the warrant said.

William B. Westcott, Ruzbarsky’s lawyer, said his client had nothing to hide and released this statement:

“He placed his hands on a student’s shoulders during math class in an effort to do nothing more than engage the student’s attention. Mr. Ruzbarsky was attempting to be boisterous and brotherly in his approach. He was not angry with the student for any reason, nor was he meaning to discipline the student in any way. Mr. Ruzbarsky was both shocked and distraught when he learned only later in the day that he had made the student feel self-conscious and uncomfortable. It is important to note that Mr. Ruzbarsky was quickly returned to work after the school conducted its own investigation, even though the school was aware that this arrest would be forthcoming. It is apparent that the colleagues and administrators who personally know Mark Ruzbarsky are confident he poses no threat whatsoever to the students he supervises and educates.”

Ruzbarsky, who is also the assistant wrestling coach at Jonathan Law High School, was charged with third-degree assault and second-degree breach of peace. The Milford school system would not comment on the case, but it did say that Ruzbarsky remained an employee. Police said he is due in court July 29.

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