Posts tagged with "Connecticut education law attorney"

No Child Left Behind

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One of the legislative centerpieces of Federal Education Law is “The No Child Left Behind Act of 2001” (“NCLB”). The Act is 670 pages in length and almost as controversial as it is long. Therefore, parents should be familiar with at least its stated purpose and general provisions. NCLB does not, however, give parents the right to sue on behalf of their children.

NCLB funds Federal programs established by the U.S. Department of Education aimed at improving the performance of schools throughout the 50 states by imposing greater accountability on public schools, expanding parental choice in the school attended by their child, and placing increased emphasis on reading and math skills. NCLB has as one of its focal points the improvement of schools and school districts serving students from low-income families.

The Role of NCLB

The theory underlying enactment of NCLB was that improved educational programs would enable students to meet challenging state academic achievement standards and thereby achieve their full potential. Among other areas, the Act funds programs and resources for disadvantaged students, delinquent and neglected youth in institutions, improving teacher and principal quality, use of technology in schools, and fostering a safe and drug-free learning environment. One source of controversy is the fact that NCLB allows military recruiters access to the names, addresses, and telephone listings of 11th and 12th grade students if the school provides that information to colleges or employers.

More specifically, NCLB requires states to strengthen test standards, to test annually all students in grades 3-8, and to establish annual statewide progress objectives to ensure that all students achieve proficiency within 12 years. There are no Federal standards of achievement; each state is required to set its own standards. Test results and state progress objectives must be stratified based upon poverty, race, ethnicity, disability, and English proficiency to ensure that “no child is left behind.”

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions regarding No Child left Behind or any matter of education law, please do not hesitate to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation.

Am I Allowed Access to My Child’s School Records in Connecticut?

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Although the Family Educational Rights and Privacy Act serves to protect the privacy of student educational records, it also requires school districts and schools to give parents and students access to the student’s records and an opportunity to seek to have records amended if they believe the records need correcting.  Further, schools must annually notify parents and eligible students of their rights under this act.

If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Your Child’s Residency Status

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Local and regional boards of education are statutorily required to provide free school accommodations to each child who is a permanent resident of the school district and is between the ages of five (5) and twenty-one (21) years old, provided they have not graduated high school. School administrators should (but do not always) determine your child’s residency status prior to his or her enrollment in the school district. If residency issues arise, your child’s school district has the right to exclude him or her from attending school if it is determined through a formal hearing (which will be discussed below) that your child resides in another district.

Where will my child be deemed a resident if I am a divorced parent?

If your child is part of a family in which you are married to or live with your child’s mother or father, your residence will be deemed your child’s permanent residence. Questions may arise when you are a divorced parent and your child spends equal time residing at each parent’s home. Under these circumstances, your child will be able to attend school in the school district in which either parent resides. If your child confirms living with both parents it is likely that the school board would allow you to choose the school district your child will attend even if your child may only spend half the time in that residence.

What if my child lives with other family members or friends?

There are circumstances in which your child may maintain residency and attend school in a school district in which neither one of his or her parents resides. Under these circumstances, it must be determined when your child established this permanent residency. Connecticut law states that, “children residing with relatives or non-relatives, when it is the intention of such relatives or non-relatives and the children or their parents or guardians that such residence is to be permanent, provided without pay and not for the sole purpose of obtaining school accommodations…shall be entitled to all free school privileges accorded to the resident children of the school district in which they then reside.” This statute confirms three key elements.

Three Elements of Determining Residency

First, such residency must be intended to be the permanent residency of your child. Although there is no clear-cut definition as to what this entails, there are certain factors that the state has set forth that may be relevant in determining whether this residence is in fact intended to be your child’s permanent place of living:

  • Where the majority of your child’s clothing and personal possessions are located.
  • Town of issue of a library card.
  • Where your child may attend religious services.
  • Place of club affiliations (e.g. cub scouts, boy scouts, etc.).
  • Where your child spends substantial time when school is not in session.
  • The place where your child would go if he or she left or was not permitted to attend school.

Second, the “provided without pay” provision was enacted to avoid payment to relatives or non-relatives simply to enable your child to attend a certain school. Lastly, the “not for the sole purpose of education” provision was enacted to preclude your child from residing in a particular school district for the sole benefit of obtaining a free education. In order to make sure that these statutory requirements are satisfied, school districts may require submission of certain documentation as proof or they may even request a signed affidavit attesting to pertinent facts in support of compliance with the law.

What type of documentation may I need to produce in order to establish my child’s residency in a particular town or school district?

Your child’s board of education may require a parent, guardian, relative or non-relative, emancipated minor or pupil eighteen (18) years of age or older to provide documentation sufficient to establish that your child’s residence is permanent, provided without pay and is not for the sole purpose of obtaining school accommodations. Documents that may be provided as proof of permanent residency include: copies of deeds, rental/lease agreements, tax bills, utility bills, driver’s license and voter registration cards.

Furthermore, a signed affidavit may be requested by the school district in which your child attends school to assist in determining your child’s permanent residency. Prior to making the request for documentation or a signed affidavit attesting to your child’s residency, the school district must first specify in a written statement the basis upon which it has reason to believe that your child is not entitled to particular school accommodations.

What if my child’s home is located on a town boundary line?

If your child resides in a dwelling (single, two or three family house or condominium unit) physically situated within the municipal boundaries of more than one town, he or she will be considered a resident of each town and may attend school in either school district. The town line must actually bisect your child’s dwelling edifice and not just the real property. If the boundary line traverses only the land, your child will only be eligible to attend school in the town in which the actual dwelling is located.

What is the hearing process if my child’s residency status is challenged by the school district?

If your child’s board of education denies school accommodations to your child based on residency, they must inform you as a parent of your due process right to a formal hearing and the basis for their conclusion that your child is ineligible for those particular school accommodations. Following proper notice, you have the right to request a formal hearing before your child’s board of education to challenge denial of schooling.

The school board is obligated to convene such a hearing within ten (10) days after receipt by the school board of your written request for a hearing on the matter. You may be represented by counsel during this hearing, but at your own expense. You will have the opportunity to present evidence, cross-examine witnesses and make an argument regarding any issues that are in dispute. If your child has been denied school accommodations based on residency, you as a parent bear the burden of providing proof by a preponderance of the evidence regarding your child’s residency.

The school board must make a stenographic record or tape recording of the hearing and issue a finding within ten (10) days following the hearing. You may request a copy of the transcript or recording and the school board must provide you with such within thirty (30) days of your request. During the hearing process, if you so choose, your child may continue attending school while the resolution of the matter is still pending.

Do I have the right to appeal a decision made by my child’s local board of education?

As a parent you may appeal to the State Board of Education the decision of your child’s local board of education regarding its initial finding concerning your child’s residency status. As in the case of the initial hearing, your child may continue attendance at school pending the resolution of the appeal. Please note, that if an appeal is not taken to the State Board of Education within twenty (20) days of the mailing of the finding of the initial hearing then the decision of the local school board shall be final.

If an appeal is taken, the hearing board must render its decision within forty-five (45) days after the receipt of the notice of appeal. An extension may be granted at the discretion of the Commissioner of Education upon an application by either party describing the circumstances requiring an extension. If the hearing board on appeal decides that your child was not a resident of the school district and therefore was not entitled to free school accommodations, the board of education may assess and seek reimbursement of tuition against you, the parent.

In the event of nonpayment, the board of education may seek to recover the reimbursement of tuition through available civil remedies. Finally, any party (parent/guardian or the school district) aggrieved by the findings of the State Board of Education may appeal to the Connecticut Superior Court.

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please contact Joseph Maya, or the other experienced education attorneys at Maya Law today at (203) 221-3100 or by email at JMaya@mayalaw.com.

School Learning Environment

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Connecticut Public Act No. 08-160, An Act Concerning School Learning Environment, is of interest to parents of school-age children and, in particular, parents of children with special needs.

Two of the major changes that are enacted are (1) all suspensions starting July 1, 2009, are in-school suspensions unless it is determined that the student is dangerous or disruptive to the educational process; and (2) all schools must “develop and implement a policy to address the existence of bullying in its schools.”  Also of note is a new provision that provides for in-service training for school personnel and pupils on a variety of issues they face daily.  A few examples are: (a) drug and alcohol awareness; (b) “health and mental health risk reduction;” (c) working with special needs children in regular classrooms; (d) CPR and emergency life-saving procedures…..

What is a Child’s Planning and Placement Team (PPT)?

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Under Connecticut law, the Planning and Placement Team, or PPT, is a critical component in determining your child’s special education needs and the services to be provided. The IDEA refers to this resource as the Individualized Education Program Team (“IEP Team”). The PPT will be involved in most every request or decision made pertaining to your child, including: determining whether your child should be evaluated, and deciding which evaluations will be given to your child and whether your child is eligible for special education and related services. As a parent, you will be asked to participate as a member of the PPT. Parents should participate, since you can provide unique and valuable insight into your child’s special education needs.

Required Members of a PPT

The IDEA requires that the IEP team (PPT in Connecticut) be composed of the following:

  1. the parents of a child with a disability;
  2. not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
  3. not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child;
  4. a representative of the local educational agency who–
    1. is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
    2. is knowledgeable about the general education curriculum; and
    3. is knowledgeable about the availability of resources of the local educational agency;
  5. an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses ii through vi;
  6. at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
  7. whenever appropriate, the child with a disability.
PPT Meeting Attendance

A member of the PPT shall not be required to attend an IEP meeting, however, if you and the local educational agency agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting. Further, a member of the PPT may be excused from attending a meeting when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if you and the local educational agency consent to the excusal and the member provides input into the development of the individualized education program prior to the meeting.

As a parent you have the right to understand the proceedings of the PPT meeting, and, if necessary, the school district may need to arrange for a language interpreter or a sign language interpreter. Additional parental rights at a PPT meeting include a conference telephone call if you are unable to attend the meeting in person, tape recording of meetings (all participants must be informed the meeting is being taped) and the right to invite any advisors of your choosing, including counsel, at your own expense.

A PPT meeting may be conducted without a parent in attendance if the local educational agency is unable to convince you as a parent to attend. The school district must keep detailed records of its attempt to make an arrangement for a mutually agreed upon time and place to conduct the meeting. These records should include telephone calls made or attempted along with the results of those calls, copies of correspondence sent to you including any responses they received and detailed records of visits made to your home or place of employment and the results of those visits.

Scheduling a PPT Meeting

When scheduling a PPT meeting, the school district must work with you as a parent in scheduling the meeting at a mutually agreeable time and place. Connecticut law requires the school district to notify a child’s parent at least five (5) school days prior to the meeting in order to allow for attendance. Written notice of the PPT meeting must be provided to a child’s parent and include the purpose, time and location of the meeting along with who will be in attendance.

The school district must also inform you of your right to bring other individuals who have knowledge of or expertise concerning your child. Further, the school district must give notice that if your child is sixteen years old or younger and it is found by the IEP team to be appropriate, he or she may attend the meeting, provided the purpose of the meeting pertains to your child’s postsecondary goals.

Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please don’t hesitate to call our office at (203) 221-3100. We offer free consultations to all new clients.

Who Refers Children to Special Education?

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Connecticut requires each school district to reach out and identify children from birth to twenty-one years of age who may be eligible for special education services. The IDEA covers all children with disabilities residing in the state, including those who are homeless or wards of the State, and children with disabilities attending private schools, irrespective of the severity of their disability. It is the obligation of the school district to identify children in need of special education from birth on. This duty is called “child find.” After “finding” a child with a disability, the school district must initiate an evaluation of that child to fulfill their duty under the IDEA.

A referral to special education services is the first step in determining whether a child is entitled to receive special education and related services. The referral takes the form of a written request that a child be evaluated if he or she is suspected of having a disability and who may be in need of special education and related services.

If your child is over the age of three and you believe he or she may have a disability, as a parent you may submit a written request to the director of special education of your school district. If someone other than a child’s parent refers a child to special education, such as a teacher or school administrator, the parent must receive written notice of such referral.

Those who may make a referral for an evaluation are: the student, provided they are 18 years of age or older, a parent or guardian, the state educational agency, the local educational agency or individuals from other agencies, including physicians or social workers having parental permission to make a referral.

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please don’t hesitate to call our office at (203) 221-3100. We offer free consultations to all new clients.

Due Process Hearings and Mediation for Special Education Students

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What is a due process hearing?

A due process hearing is a legal proceeding that ensures fairness in the decision-making process regarding your child. As a parent, if you disagree with a proposed or refused action pertaining to your child’s education, you or the school district may initiate a due process hearing to resolve the disagreement.

You may file a due process complaint within two (2) years of the time the school district proposes or refuses to: (a) consider or find that your child is disabled, (b) evaluate your child, (c) place your child in a school program that meets his or her unique individual needs or (d) provide your child with a free appropriate public education (FAPE) that meets your child’s needs. If your school district has not provided you with a copy of your rights to bring a complaint, then according to the Connecticut State Department of Education, the two-year limit shall not begin until you receive a copy.

This procedural safeguard manual may be available on the Department of Education website. You must forward a copy of the due process complaint to the appropriate state educational agency, which in Connecticut is the Due Process Unit of the Bureau of Special Education, State Department of Education. The complaint must include the name of your child, the address of the residence of your child, the name of the school your child is attending, a description of the nature of the problem, which includes any related facts of which you are aware, and a proposed resolution to the problem.

Notifying the Hearing Officer

The party receiving a request for a hearing has fifteen (15) days from the date of receiving the due process complaint to notify the hearing officer and the other party if they believe the request for the hearing does not include the required information as stated above. The hearing officer has five (5) days to make a determination as to the adequacy of the hearing request and whether it meets the necessary requirements. If the hearing officer finds the complaint to be inadequate, you will have to file a new complaint.

If the complaint is found to be adequate, your child’s school district must within ten (10) days send to you: an explanation of why the school proposed or refused to take the action raised in the complaint, a description of other options that the PPT team considered and the reasons why those options were rejected, a description of each evaluation procedure, assessment, record or report the school used as the basis for the proposed or refused action and a description of any other relevant facts the school relied upon in its proposed or refused action.

The LEA Meeting

Within fifteen (15) days of the school district receiving notice of the due process complaint and prior to the initiation of a hearing, the LEA must convene a meeting with you and other relevant members of the PPT team who have specific knowledge of the facts identified in the complaint.

The purpose of this meeting is for you as a parent to discuss the due process complaint, so that the LEA has the opportunity to resolve the dispute without having to begin a due process hearing. This meeting need not be held if both you and the school district agree in writing to waive the meeting. If the LEA has not resolved the issues expressed in the due process complaint to your satisfaction within thirty (30) days following receipt of notice of the complaint, the due process hearing may begin.

A final decision must be made by the hearing officer no later than forty-five (45) days after the expiration of the thirty (30) day period or adjusted time-periods if you failed to participate in the resolution meeting in a timely manner. A hearing officer may grant specific extensions of time beyond the forty-five (45) day period for certain reasons at the request of either party. The hearing must be conducted at a time and place that is convenient for both you and your child. A copy of the final decision must be mailed to each of the parties.

Rights and Restrictions in a Due Process Hearing

Both you and the school district have the right to be accompanied and advised by counsel during the course of a due process hearing. Both parties may also be accompanied by individuals with special knowledge or training with respect to children with disabilities. The parties may present evidence, as well as confront, cross-examine and compel the attendance of witnesses.

Moreover, you and the school district are precluded from introducing evidence at the hearing that has not been disclosed to the other party at least five (5) business days before the hearing. The hearing will be recorded and upon your request you may be provided at no cost with a written or electronic copy of the hearing, as well as the hearing decision.

Where will my child be placed during a proceeding with my child’s school?

While a due process proceeding is pending, your child shall remain in his or her current educational setting as of the time the hearing was requested, unless you and the school district agree otherwise. This provision is known as “stay-put.” There are, however, a few exceptions to the stay-put provision.

If you have filed for a due process hearing with respect to a disagreement over the removal of your child from his or her placement and into an interim alternative education setting for matters related to weapons, drugs or infliction of serious bodily harm, your child will remain in the interim alternative education setting while the hearing is pending. Stay-put does not apply if you are challenging a manifestation determination, as a placement may change during these proceedings.

What is mediation?

Mediation is an alternative process in which you may resolve a dispute that arises with your school district as it pertains to your child’s special education rights. Mediation is voluntary and both you and the school district must agree to enter into the mediation process. The mediation process must be held at a time and place that is convenient to the parties involved in the dispute.

During mediation the mediator will be present to help you and the school district resolve any disputes that are pending. If a dispute is resolved through the mediation process, both parties must execute a legally binding agreement that sets forth the resolution. This document is enforceable in court. Any discussions that occur during the mediation process, however, are confidential and may not be used as evidence in any subsequent due process hearings or civil actions. If the parties are unable to resolve the dispute through mediation, either party may proceed with a due process hearing.

The Connecticut State Department of Education, Bureau of Special Education, maintains a list of qualified mediators who are knowledgeable in laws and regulations pertaining to special education and related services. An individual who serves as a mediator may not be an employee of the school district that is involved in the education and care of your child and must not have a personal or professional interest that conflicts with their ability to be objective. The state will bear the cost of the mediation process. As in the case of a due process hearing, both parties at their own cost may be accompanied by an attorney to help in the mediation conference.

What is an advisory opinion?

Another alternative dispute resolution mechanism is an advisory opinion. This is a non-binding opinion issued by a hearing officer after consideration of a presentation given by both you and the school district. Since an advisory opinion is non-binding you may pursue other avenues to resolve the matter but it may be helpful in settling the dispute without having to go through a formal hearing process or mediation proceeding.

According to the Connecticut State Department of Education, no recording will be made of the advisory opinion process and the confidential opinion may not be used in future proceedings. You and the school district may both be accompanied by an attorney, as well as up to two witnesses that may participate in the advisory opinion process.

What is the special education complaint resolution process?

This procedural mechanism allows for a parent to file a written complaint with the Bureau of Special Education regarding allegations that your child’s local educational agency violated federal or state law pertaining to special education. This complaint must be filed within one (1) year of the time in which you believe your child’s school district has violated the law.

Your complaint should state that your child’s school district is failing to follow the IDEA or applicable Connecticut state law enacted to protect children with disabilities and recount the facts that form the basis of the complaint. Following an investigation, a written report as to the findings and conclusions will be mailed to you within sixty (60) days of your request.

What are my rights to an appeal? May I bring a civil action if I disagree with a decision?

After a decision is made in a hearing, there are two possible avenues of appeal. First, if the hearing was conducted by a public agency other than the state educational agency, which in Connecticut is the State Department of Education, you may appeal to the state agency. The State Agency will then review the record, evidence and other items relating to the initial hearing and make a final decision.

The state agency decision is final unless one of the parties opts for the second avenue, which is to bring a civil action in either the Connecticut Superior Court or the United States District Court for the District of Connecticut. The party who brings such an action must do so within ninety (90) days from the date of the decision of the hearing officer or the State review official.

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please don’t hesitate to call our office at (203) 221-3100. We offer free consultations to all new clients.

Under the IDEA, Individualized Education Programs are Developed for Special Education Students

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Once it is determined that your child is eligible for special education services under the IDEA, an individualized education program will be developed to meet the particular needs of your child. The term “individualized education program” or “IEP” is a written plan detailing your child’s special education program as designed by the Planning and Placement Team (PPT).

As a parent and member of your child’s PPT, it is vital that you influence and help develop your child’s IEP. The PPT must consider the strengths of your child, the concerns you have in enhancing the education of your child, the results of the initial or most recent evaluation of your child and the academic, developmental and functional needs of your child. Taking these factors into account allows for the PPT to create a specialized IEP geared toward providing your child with the best opportunity to satisfy their individual needs.

How is my child’s IEP developed?

A PPT meeting to develop your child’s IEP must be conducted within thirty (30) days following a determination that your child is eligible and in need of special education and related services. Subsequent to the development of your child’s IEP, special education and related services must be made available in accordance with his or her IEP.

What are the requirements that my child’s IEP must provide?

Detailed components of the content required in your child’s IEP are set out in the IDEA as follows:

  •  Statement of your child’s present levels of academic achievement and functional performance, including how your child’s disability affects his or her involvement and progress in the general education curriculum.
  • Statement of measurable annual goals, including academic and functional goals designed to meet your child’s educational needs pertaining to their disability and to ensure that your child be involved in and make progress in the general curriculum and meet other educational needs that result from his or her disability.
  • Description of how your child’s progress in meeting their annual goals will be measured and when periodic reports on the progress of your child meeting his or her annual goals will be provided.
  • Statement of the special education and related services to be provided to your child. This statement shall also include any supplemental aids and services to be provided to your child, as well as a statement of the program modification or supports for school personnel that will be provided for your child:
    • Advance appropriately toward him or her attaining their annual goals
    • Be involved in and make progress in the general education curriculum,
    • Participate in extracurricular and other nonacademic activities, and
    • Be educated and participate with other children with disabilities and non-disabled children.
  • Explanation of the extent, if any, to which your child will not participate with non-disabled children in the regular class and other school activities.
  • Statement of any individual appropriate accommodations necessary to measure through State and district-wide assessments the academic achievement and functional performance of your child. However, if the PPT determines that your child requires an alternate assessment they must state why and in which way the student will be assessed.
  • Statement of when the projected date for the beginning of special education services is to begin, along with the anticipated frequency, location and duration of those services.
  • Statement effective no later than the first PPT meeting that occurs after your child attains the age of 16, and updated annually thereafter regarding appropriate measurable postsecondary goals related to training, education, employment and where applicable, independent living skills. Moreover, at least one year prior to your child reaching the age of majority under State law, a statement must be made that your child has been informed of his or her rights, if any, under the IDEA that will transfer to him or her upon reaching majority.
IEP Accessibility 

Although the above requirements must be included in your child’s IEP, this list is not all-inclusive. Additional means in achieving the best possible educational plan for your child should be included whenever necessary. PPTs must satisfy each child’s unique needs and if necessary develop further activities beyond the expressed requirements to fully develop a child’s IEP. As a parent you must receive a copy of your child’s IEP at no cost within five (5) school days following any PPT meeting held to develop or revise your child’s IEP.

Your local educational agency must ensure that your child’s IEP is accessible to each regular education teacher, special education teacher and related service provider responsible for implementing the plan. Each teacher and provider must be informed of their specific responsibilities as it pertains to your child’s IEP and the specific accommodations, modifications, and support that must be provided for your child in accordance with their IEP needs.

Will my child’s IEP be reviewed? What is the process in revising my child’s IEP?

The IDEA sets forth rules concerning the review and revision of your child’s IEP. The local educational agency must ensure that the IEP team (PPT) reviews your child’s IEP periodically, but not less than annually, to determine whether the annual goals for your child are being achieved. Moreover, the local education agency is required to revise the IEP to appropriately address:

  • Any lack of expected progress toward the annual goals,
  • Any lack of expected progress in the general curriculum,
  • The results of any evaluation,
  • Information about your child provided by you as his or her parent, or
  • Your child’s anticipated needs

The IDEA requires that your child’s regular education teacher, consistent with their membership on the PPT, participate in the review and revision of his or her IEP. In modifying your child’s IEP following an annual IEP meeting, a parent and the local educational agency may agree not to convene an additional IEP meeting to modify your child’s IEP and instead develop a written document to amend the current IEP. Parents should be provided within five (5) school days with a copy of the revised IEP following any amendments.

What will happen to my child’s IEP if he or she is to transfer schools?

If you are planning to move to a different school district within Connecticut or are being transferred to a new job out of state, there are procedures and regulations that the new local education agency must follow to allow for a smooth transition pertaining to your child’s IEP.

If your child had an IEP in effect and you enroll your child in a new school in Connecticut, the new school must provide FAPE, which includes services comparable to those provided by your child’s prior school as described in his or her IEP. The new school district must adhere to your child’s IEP from their prior school until the new school adopts it as its own IEP, or develops, adopts and implements a new IEP that meets all the requirements described in the IDEA and applicable state law. Similar procedures and requirements apply to your child’s IEP if you are relocating to a new state.

However, the school district in your new state may conduct their own evaluation in accordance with the IDEA to determine if it is necessary to develop, adopt and/or implement a new IEP, in accordance with the IDEA and the new State’s law.

In transitioning your child from one school to another, the new school must take reasonable steps to promptly obtain your child’s records, which include their IEP and any other supporting documents relating to their special education needs. Your child’s former school district must take reasonable steps to respond to the records request from the new school that your child is enrolled in.

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please don’t hesitate to call our office at (203) 221-3100. We offer free consultations to all new clients.

What is Informed Consent and When is it Required for Special Education?

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What is Informed Consent?

Informed consent means that as a parent you must be given full and complete disclosure of all relevant facts and information pertaining to your child regarding certain proposed activities by your local educational agency. Consent remains voluntary and may be withheld or withdrawn at any time as it pertains to an initial evaluation of your child.

Written parental consent directed to your child’s school district is required when: (a) your child undergoes an initial evaluation to determine his or her eligibility for special education and related services, (b) before your child is placed in special education services, (c) before your child is placed in private placement, and (d) before your child is reevaluated. However a parent’s failure to give consent to a reevaluation may be overridden if the school district can show that a good-faith effort was made to obtain consent and the child’s parent failed to respond.

The written parental consent granted to the local educational agency before conducting an initial evaluation of your child does not carry over and constitute consent to placing your child in special education. Separate written consent is required following an initial evaluation if your child is found to be eligible for special education and related services.

Refusing to Consent

If a parent disagrees with a proposed special education activity, the school district must still ensure that your child receives a FAPE. However, if you refuse to give written consent for the school district to conduct either an initial evaluation or a reevaluation, the school district may proceed on its own and initiate a due process hearing in order to move forward with the recommended evaluations. On the other hand, if a parent does not consent to special education services placement, even if a child is eligible, the school district may not initiate a due process hearing as a means of obtaining authority to place your child in special education.

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please don’t hesitate to call our office at (203) 221-3100. We offer free consultations to all new clients.

How to Know if Your Child is Eligible for Special Education Services

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Connecticut law defines a child requiring special education as a child who meets the criteria for eligibility for special education pursuant to the Individuals with Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time…”

Disabilities Recognized by the IDEA

Special education services eligibility under IDEA requires that your child be between the ages of three and twenty-one years old. Connecticut school districts are obligated to provide special education and related services to children five years of age or older until the earlier of either high school graduation or the end of the school year in which your child turns twenty-one years of age. In addition, a child must have one or more of the following disabilities as determined by the IDEA:

  • Autism
  • Deaf-blindness
  • Deafness
  • Developmental delay (for 3 to 5 year olds)
  • Emotional disturbance
  • Hearing impairment
  • Intellectual disability (mental retardation)
  • Orthopedic impairment
  • Other health impairments (limited strength, vitality or alertness due to chronic or acute health problems    such as lead poisoning, asthma, attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD), diabetes, a heart condition, hemophilia, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome)
  • Physical impairment
  • Specific learning disability
  • Speech or language impairment
  • Traumatic brain injury
  • Visual impairment (including blindness)
Evaluations and IEPs

If a formal evaluation determines that your child is impaired by one of these disabilities, adversely affecting your child’s educational performance, a specific educational program must be developed to meet their unique educational needs. This is known as an Individual Education Program (IEP), a cornerstone of special education that we will explain further in the following pages.

Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD), while not expressly listed under the IDEA, are construed as falling within the Other Health Impairment category. If a child suffers from either ADD or ADHD and their educational performance is disaffected as a result, he or she will be eligible for special education services.

A child requiring special education in Connecticut includes not only children with disabilities but also those who are found to be especially gifted and talented. The pertinent statute states, “A child requiring special education” means any exceptional child who . . . has extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program.” Although gifted and talented children may be offered special education in the State of Connecticut, it is not a requirement.

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please don’t hesitate to call our office at (203) 221-3100. We offer free consultations to all new clients.