CONNECTICUT EDUCATION LAWYER

Connecticut Education Attorneys

Connecticut representation for families and educators in special education, school discipline, and civil rights matters.

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Connecticut Education Law: Protecting Students and Educators

Schools are not always the partners families expect them to be. IEPs get watered down. Discipline gets handed out without due process. Bullying gets ignored. Teachers get pushed out without proper procedure.

When that happens, Connecticut and federal law put real tools in your hands. You just need someone who knows how to use them.

Maya Murphy, P.C. represents families and educators across Connecticut in special education, school discipline, civil rights, placement disputes, and teacher employment matters. We work in every Connecticut school district and at every level of the system, from the IEP meeting to the federal courtroom.

This page explains what Connecticut and federal education law actually covers, who has rights, and how those rights are enforced.

What Education Law Covers

Education law sits at the intersection of federal civil rights statutes, IDEA, and the Connecticut General Statutes.

Federal laws that protect students

Individuals with Disabilities Education Act (IDEA), 20 USC § 1400 et seq.
Section 504 of the Rehabilitation Act, 29 USC § 794
Americans with Disabilities Act, 42 USC § 12101 et seq.
Title VI of the Civil Rights Act (race, color, national origin)
Title IX (sex discrimination), 20 USC § 1681
Family Educational Rights and Privacy Act (FERPA), 20 USC § 1232g
Equal Protection and Due Process under the 14th Amendment

Connecticut statutes that go further

CGS § 10-76a through § 10-76ii (special education framework)
CGS § 10-233a through § 10-233h (student discipline)
CGS § 10-222d (bullying and safe school climate)
CGS § 10-15c (nondiscrimination in public schools)
CGS § 10-145a through § 10-145d (teacher certification)
CGS § 10-151 (tenure and termination procedures)
RCSA §§ 10-76a-1 through 10-76l-1 (state special education regulations)

Special Education Under IDEA

IDEA guarantees every eligible child with a disability a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment.

Who qualifies

A child qualifies for special education if both:

The child has one of 13 federal disability categories (autism, learning disability, emotional disturbance, intellectual disability, other health impairment, and others)
The disability adversely affects educational performance and the child needs specialized instruction

The Child Find duty

Under CGS § 10-76ff and 34 CFR § 300.111, districts have an affirmative duty to identify, locate, and evaluate every child suspected of having a disability. The duty applies even if the child is performing well academically. See our Child Find page for more.

The PPT and the IEP

In Connecticut, the team that develops the IEP is called the Planning and Placement Team (PPT). It must include:

The parents
At least one general education teacher
At least one special education teacher
A district representative with authority to commit resources
Someone who can interpret evaluation results
The student when appropriate

The IEP must include measurable annual goals, services and supports, placement, and how progress will be measured.

For the full process see our IEP Process and Parent Rights in Special Education pages.

504 Plans and Section 504

Section 504 protects students with disabilities even when they do not qualify for an IEP.

Who is covered

Any student with a physical or mental impairment that substantially limits a major life activity
Broader eligibility than IDEA
Common conditions: ADHD, anxiety, diabetes, food allergies, asthma, chronic illness

What a 504 Plan provides

Accommodations (extended time, preferential seating, modified assignments)
Auxiliary aids and services
Access to school programs, activities, and facilities
Protection from discrimination

For more, see our 504 Plans in Connecticut and Section 504 Discrimination pages.

Due Process Hearings

When parents and districts cannot agree on special education, IDEA provides a formal hearing process.

What can be challenged

Identification and eligibility decisions
Evaluations
Educational placement
Provision of FAPE
IEP content and implementation

The Connecticut process

Governed by CGS § 10-76h and RCSA §§ 10-76h-1 through 10-76h-18:

Parent or district files a due process complaint
Mandatory 30-day resolution period (unless waived)
Optional mediation through the Connecticut State Department of Education
Impartial hearing officer appointed
Prehearing conference
Document and witness disclosure 5 business days before hearing
Hearing conducted, decision issued within the 45-day federal timeline (34 CFR § 300.515)
Right to appeal to state or federal court

Connecticut’s burden of proof rule

This is one of the most important things to understand about Connecticut due process. Under RCSA § 10-76h-14, the school district has the burden of proving the appropriateness of its program or placement. Even when the parent files the case.

Most states put that burden on parents under Schaffer v. Weast, 546 U.S. 49 (2005). Connecticut keeps it on the district. This is a significant procedural advantage. See our Due Process Hearings page for more.

Student Discipline

Connecticut students have specific procedural rights when facing suspension or expulsion under CGS § 10-233a through § 10-233h.

Suspension rights

Out-of-school suspensions limited to 10 consecutive school days, 50 total per year
Notice and informal hearing required before suspension (CGS § 10-233c)
The student gets to tell their side
Schools must consider in-school alternatives where appropriate

Expulsion rights

Under CGS § 10-233d, expulsion (removal for more than 10 days) requires:

Written notice of the charges
Formal hearing before the board of education or impartial hearing officer
The right to counsel
The right to present evidence and cross-examine witnesses
A decision based on evidence in the record
Written findings
Appeal rights

Special protection for students with disabilities

If the student has an IEP or 504 Plan and faces removal for more than 10 days, the school must conduct a Manifestation Determination Review (MDR) under 20 USC § 1415(k) and 34 CFR § 300.530.

If the conduct was caused by or substantially related to the disability, or by the school’s failure to implement the IEP, the school cannot expel the student. See our pages on Student Discipline Defense, Expulsion Hearings, and Manifestation Determination Review.

Bullying and Harassment

Connecticut has one of the strongest anti-bullying statutes in the country.

Under CGS § 10-222d, districts must

Adopt a safe school climate plan
Designate a safe school climate specialist at each school
Investigate reports within one school day
Issue written findings to parents within 48 hours of the investigation
Address cyberbullying that affects the school environment
Provide intervention services

When bullying becomes a civil rights case

Bullying based on protected characteristics can trigger federal civil rights enforcement:

Race, color, or national origin (Title VI)
Sex (Title IX)
Disability (Section 504 and ADA)

For more, see our School Bullying and School Harassment and Hostile Environment pages.

Discrimination and Title IX

Federal civil rights laws protect students from discrimination in any public or federally funded school.

What Title IX covers

Title IX (20 USC § 1681) prohibits sex discrimination. The 2020 regulations are currently in effect after a federal court vacated the 2024 Final Rule on January 9, 2025. Schools must:

Designate a Title IX Coordinator
Respond to actual knowledge of sexual harassment that is severe, pervasive, and objectively offensive
Use a formal grievance process
Provide live hearings with cross-examination at the postsecondary level
Prohibit the single-investigator model
Protect against retaliation

Disability discrimination

Section 504 and the ADA prohibit discrimination based on disability in any program receiving federal funds. The Supreme Court in A.J.T. v. Osseo Area Schools, 605 U.S. 335 (2025), clarified the standard for student disability discrimination claims.

For more, see our pages on Title IX, School Discrimination, and Section 504 Discrimination.

School Placement Disputes

When the local district cannot provide what a child needs, placement disputes follow.

The Least Restrictive Environment principle

Under IDEA, students must be educated with non-disabled peers to the maximum extent appropriate. But “appropriate” matters. A more restrictive setting is warranted when the child cannot make meaningful progress in a less restrictive one.

Common placement disputes

Out-of-district placement to a state-approved special education program
Therapeutic day school
Residential placement
Private school reimbursement under Florence County School Dist. Four v. Carter, 510 U.S. 7 (1993)
Stay-put placement during disputes

Tuition reimbursement

If you give the district written notice of intent to enroll privately and seek reimbursement, and the district has failed to provide FAPE, you may be entitled to private school tuition. See our School Placement Disputes page.

FERPA and School Records

Under FERPA (20 USC § 1232g; 34 CFR Part 99), parents have rights to their child’s education records:

Inspect and review records (district has up to 45 days to respond)
Request corrections of inaccurate or misleading content
Consent to most disclosures of personally identifiable information
Hearing rights to challenge contested content
File complaints with the U.S. Department of Education

When the student turns 18 or enters postsecondary education, FERPA rights transfer to the student. See our School Records and FERPA page.

Teacher and Educator Rights

We also represent teachers, administrators, and other school staff.

Tenure and termination under CGS § 10-151

Written notice of intent to terminate stating reasons
Right to request a hearing
Hearing before the board or impartial panel
Right to counsel
Right to present evidence and cross-examine witnesses
Statutory grounds required
Appeal to Superior Court

Certification matters

Certification denial proceedings
Certification revocation under CGS § 10-145b
Hearing rights before the State Board of Education
Administrative appeal under the Uniform Administrative Procedure Act

Investigation defense

Internal district investigations
Department of Children and Families involvement
Mandatory reporter issues
Allegations of misconduct

For more, see our Teacher Misconduct page.

How Maya Murphy Helps

Our education law practice is built around five things:

Pre-IEP and pre-PPT preparation so you walk into meetings ready
Aggressive enforcement of FAPE, Section 504, and Title IX rights
Discipline defense at every level, from informal suspension hearings through expulsion appeals
Due process litigation when negotiation has failed
Teacher and educator defense in tenure, certification, and misconduct matters

We serve clients across Connecticut, with deep roots in Westport, Greenwich, Stamford, Norwalk, Darien, Fairfield, New Haven, and Hartford.

Ready to Talk to a Connecticut Education Lawyer?

Education disputes do not get easier with time. Most have strict deadlines. The earlier you have legal help, the more options you have.

Confidential initial consultation
Honest evaluation of your case
Pre-PPT preparation and representation
Discipline defense and expulsion hearings
Due process and federal court litigation
Teacher and educator defense

Call us at (203) 221-3100. Or contact us through the form on this page.

Joseph C. Maya, Esq.

Managing Partner

Susan M. Maya, Esq.

Partner

Lauren Jacobson, Esq.

Partner

Malia Gilman, Esq.

Senior Associate

What does an education lawyer actually do?

An education lawyer represents students, parents, and educators in disputes with schools and districts.

Common matters include:

• Special education and IEP disputes
• 504 Plan denials and disputes
• Due process hearings under IDEA
• Suspension and expulsion defense
• Bullying and harassment complaints
• Discrimination under Section 504, Title VI, Title IX, and the ADA
• School placement disputes including private school tuition reimbursement
• FERPA records access and corrections
• Teacher tenure and termination defense
• Certification defense

The goal is to enforce the rights students and educators already have under federal and state law.

When should I hire an education lawyer for my child?

The earlier the better.

Clear signs you need a lawyer:

• The school refuses to evaluate your child for special education
• You disagree with the proposed IEP or placement
• Services in the IEP are not being delivered
• Your child is facing suspension or expulsion
• The school is not stopping bullying or harassment
• Your child is being discriminated against
• The school called CPS in retaliation for advocacy
• You have been told mediation or due process is your only option
• Your child is being unilaterally removed from a program

Waiting often makes problems worse. Most education disputes have strict deadlines.

What is the difference between an IEP and a 504 Plan?

Both protect students with disabilities. They come from different laws and work differently.

IEP (Individualized Education Program):

• Governed by IDEA, 20 USC § 1400 et seq.
• For students who need specialized instruction
• Includes goals, services, and placement decisions
• Strong procedural protections
• Reviewed annually, re-evaluated every 3 years
• Enforced through due process hearings under CGS § 10-76h

504 Plan:

• Governed by Section 504 of the Rehabilitation Act of 1973
• For students who need accommodations but not specialized instruction
• Provides equal access through accommodations and modifications
• Reviewed periodically
• Enforced through Section 504 complaint procedures and OCR

Many children qualify for one or both. The right plan depends on the child's needs.

Who has the burden of proof in a Connecticut special education due process hearing?

The school district. Always.

Under Conn. Agencies Regs. § 10-76h-14, the public agency has the burden of proving the appropriateness of the child's program or placement.

This is a major advantage for Connecticut families:

• The district must prove its proposed IEP provides a free appropriate public education
• The district must prove its proposed placement is appropriate
• The district must do this by a preponderance of the evidence
• This applies even when the parent files the hearing request

Most states put the burden on the party challenging the IEP under Schaffer v. Weast. Connecticut chose to protect parents. Few states have done the same.

How long does a Connecticut due process hearing take?

Federal law sets the timeline.

Under 34 CFR § 300.515 and Conn. Agencies Regs. § 10-76h-7(c), the hearing and decision must be completed within 45 days of the end of the resolution period.

The full timeline:

• Due process complaint filed
• 30-day resolution period (mandatory unless waived)
• 45-day decision window starts
• Prehearing conference
• Document and witness disclosure 5 business days before hearing
• Hearing dates scheduled
• Hearing officer issues written decision

Extensions are common and can be requested by either party. Most cases take 3 to 6 months from filing to decision.

What happens if my child is suspended or expelled?

Connecticut student discipline is governed by CGS § 10-233a through § 10-233h.

For suspensions:

• In-school and out-of-school suspensions are limited to 10 consecutive days, 50 days total per school year
• The student must receive notice and an informal hearing before suspension (CGS § 10-233c)
• The hearing can be brief but must allow the student to tell their side

For expulsions:

• Expulsion is removal from school for more than 10 days
• A formal hearing before the board of education or impartial hearing officer is required (CGS § 10-233d)
• Students have the right to counsel, to present evidence, and to cross-examine
• Expulsion can be up to one calendar year

If your child has an IEP or 504 Plan, additional protections apply.

What is a manifestation determination review?

A manifestation determination review (MDR) is a required meeting for students with disabilities facing discipline.

It is triggered when:

• The school proposes removal for more than 10 school days
• The student has an IEP or is otherwise protected under IDEA
• The student is protected under Section 504

At the MDR (within 10 school days of the decision to change placement), the team must decide:

• Was the conduct caused by or substantially related to the disability?
• Was the conduct the direct result of the school's failure to implement the IEP?

If the answer to either is yes, it is a manifestation. The school cannot expel the student. The team must conduct a functional behavioral assessment and develop or modify a behavior intervention plan.

Governing law: 20 USC § 1415(k); 34 CFR § 300.530.

How does Connecticut law handle school bullying?

Connecticut has one of the strongest anti-bullying statutes in the country.

Under CGS § 10-222d:

• Every school district must have a safe school climate plan
• Schools must investigate reports of bullying within one school day
• Written notice of findings to parents within 48 hours of completing the investigation
• The plan must address cyberbullying
• Each school must designate a safe school climate specialist

Bullying is defined to include:

• Repeated and severe physical or verbal acts
• Written or electronic communication directed at a student
• Acts based on actual or perceived race, gender, sexual orientation, religion, disability, or other characteristics
• Conduct that creates a hostile environment

When bullying is based on protected characteristics, it can also trigger federal civil rights protections under Title VI, Title IX, and Section 504.

What does Title IX cover in Connecticut schools right now?

Title IX (20 USC § 1681) prohibits sex discrimination in any educational program receiving federal funds.

The current regulatory framework:

• The 2020 Title IX regulations are in effect (the 2024 Final Rule was vacated nationwide on January 9, 2025)
• Schools must respond to sexual harassment that is severe, pervasive, and objectively offensive
• Mandatory grievance procedures including live hearings with cross-examination at the college level
• Single-investigator model is prohibited
• Title IX Coordinator required at every recipient school

Title IX covers:

• Sexual harassment and sexual assault
• Sex-based discrimination in admissions, programs, athletics, and employment
• Pregnancy-related discrimination
• Retaliation

Families have the right to file with the school's Title IX Coordinator and with the Office for Civil Rights.

Can the school district be forced to pay for private school?

Yes. In specific circumstances.

Under IDEA (20 USC § 1412(a)(10)(C)) and Florence County School District Four v. Carter, 510 U.S. 7 (1993), parents can be reimbursed for private placement when:

• The district failed to provide a free appropriate public education (FAPE)
• The private placement is appropriate for the child
• The equities favor reimbursement

Key requirements to preserve a reimbursement claim:

• Give the district at least 10 business days written notice of intent to enroll privately and seek reimbursement
• State the reasons the proposed IEP is inappropriate
• Maintain documentation of the private placement's appropriateness
• File for due process within Connecticut's 2-year statute of limitations

Reimbursement cases are highly fact-specific. Strong documentation is essential.

What rights do I have to my child's school records?

Strong rights under FERPA and Connecticut law.

Under the Family Educational Rights and Privacy Act (20 USC § 1232g; 34 CFR Part 99):

• The right to inspect and review education records
• The right to request corrections of inaccurate or misleading records
• The right to consent to most disclosures of personally identifiable information
• The right to a hearing to challenge content
• The right to file a complaint with the U.S. Department of Education

School districts must:

• Respond to inspection requests within 45 days
• Maintain records of who accessed the file
• Provide copies when refusal would effectively deny access
• Annually notify parents of FERPA rights

In Connecticut, special education records receive additional protection under state law and IDEA confidentiality regulations.

What if I am a teacher facing termination or discipline?

Teachers in Connecticut have substantial procedural protections.

For tenured teachers under CGS § 10-151:

• Written notice of intent to terminate stating reasons
• The right to request a hearing
• Hearing before the board of education or impartial hearing panel
• The right to counsel
• The right to present evidence and cross-examine witnesses
• Specific statutory grounds required (inefficiency, incompetence, insubordination, moral misconduct, disability, elimination of position, other due and sufficient cause)
• Appeal rights to Superior Court

For certification issues:

• Certification revocation or denial proceedings under CGS § 10-145b
• Right to notice and a hearing
• Administrative appeal rights

Non-tenured teachers have fewer protections but still cannot be terminated for unlawful reasons (discrimination, retaliation, protected speech).