Posts tagged with "educational support orders"

Special Education Law – Relevant Terms

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Within the realm of Special Education Law there are several relative terms one should be familiar with. Below are some of these key terms.

Applied Behavior Analysis (“ABA”):

An intensive, structured teaching program in which behaviors to be taught are broken down into simple elements. Each element is taught using repeated trials where the child is presented with a stimulus; correct responses and behaviors are rewarded with positive reinforcement, while when incorrect responses occur, they are ignored and appropriate responses are prompted and rewarded.

Alternative Assessment:

The use of assessment strategies, such as performance assessment and portfolios, to replace (or supplement) the assessment of a special education student by standard machine-scored multiple-choice tests.

Assistive Technology:

Refers to any piece of equipment, product, system, or other item that is used to increase, maintain or improve the functional capabilities of an individual with a disability.

Behavior Intervention Plan (“BIP”):

Refers to a plan, strategies, program or curricular modifications, and supplementary aids and supports, which are positive in nature (not punitive) and are developed by the PPT to teach a child appropriate behaviors and minimize behaviors that impede learning.

Extended School Year (“ESY”):

This refers to special education and related services that a school provides to a student beyond the normal school year and/or the normal school day, at no additional cost to parents, in accordance with the child’s IEP.

Free Appropriate Public Education (“FAPE”):

Each special education student is entitled to a free, appropriate public education. It is defined as special education and related services that are provided at public expense and under public supervision and direction, without charge to the student. “Related services” include, but are not limited to, transportation, physical therapy, occupational therapy, speech pathology, and psychological services, among others.

A special education student’s FAPE must meet state and federal requirements, and be provided in accordance with the child’s IEP. In Connecticut, children must be provided a FAPE from age three through the end of the school year in which the child reaches the age of twenty-one (or until the child has graduated from high school with a regular diploma, whichever is first to occur).

Functional Behavior Assessment (“FBA”):

Refers to an assessment of the reasons why a child behaves the way he or she does, given the nature of the child and what is happening in the environment. It describes a process for collecting data to determine the possible causes behind certain behaviors in order to identify strategies to address those behaviors.

Identification:

Refers to the decision that a child is eligible for special education services.

Independent Educational Evaluation (“IEE”):

Refers to an evaluation of a special education student performed by a professional who is not employed by the school district. If you disagree with the PPT’s evaluation of your child, you may request an independent educational evaluation. The school district must either pay for the cost of the IEE, or prove to a due process hearing officer that its own PPT evaluation is in fact appropriate. Of course, parents may obtain an IEE for their child at their own expense at any time. When presented with the results of the IEE, the PPT must consider the findings, but is not bound to adopt them.

Individualized Education Plan (“IEP”):

This refers to a written education program developed for an individual child with a disability. It is developed by a multi-disciplinary team of school professionals and the child’s parents and is reviewed and updated at least once per school year. The IEP describes the child’s present performance and learning needs, as well as detailing which services will be necessary at what time, for how long, and by whom those services will be provided.

Least Restrictive Environment (“LRE”):

A child with a disability must, to the maximum appropriate extent, be educated with children who are not disabled, in a general education class in the school that the child would attend if he or she did not have a disability requiring special education services. A child with a disability should not be removed from the general educational setting unless the nature and severity of that child’s disability is such that education in the general class with the use of supplemental aids and services cannot be satisfactorily achieved.

Manifestation Determination:

If a school seeks to change the placement of a child with a disability because that child behaved in a way that violated the school’s code of conduct, then a “manifest determination” must be made, to determine whether the behavior complained of is caused by the child’s disability.

Positive Behavior Supports (“PBS”):

Refers to an approach to addressing challenging behaviors, and includes: functional assessment of the behavior; organizing the environment; teaching skills; rewarding positive behaviors; anticipating situations; and redesigning interventions as necessary.

Planning and Placement Team (“PPT”):

Refers to a group of professionals who represent each of the teaching, administrative and pupil personnel staffs at a special education student’s school, and who, with the student’s parents, are equal participants in the decision-making process to determine the specific educational needs of the student. The PPT, along with the parents, develops, reviews and revises a student’s IEP; the PPT also reviews referrals to special education, determines if the child needs to be evaluated, decides what evaluations the child will have, and determines whether the child is eligible for special education services.

Stay Put:

Refers to the requirement that a special education student must stay in his or her current program or placement during the course of a due process hearing. This provision may be modified upon agreement by both the parent and the school district.

The attorneys of Maya Murphy P.C. are well practiced in the realm of Special Education Law. Should you have questions regarding Special Education Law matters, contact managing partner Joseph C. Maya at 203-221-3100 or at JMaya@Mayalaw.com for a free initial consultation.

Educational Expenses in Divorce

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Educational expenses in divorce include expenses associated with higher education. Pursuant to Connecticut General Statutes § 46b-56c, an educational support order is defined as an order requiring a parent to provide support for a child or children to attend, for up to four full academic years, an institution of higher education or a private occupational school for the purpose of attaining a bachelor’s or other undergraduate degree, or other appropriate vocational instruction.

Parties may request an “educational support order” either at the time of the divorce or at some point afterward.  If the Court does not enter an educational support order at the time of the divorce, however, the parties must specifically request that it retain jurisdiction over the matter, otherwise they will be precluded from seeking such an order at a later date.

Additionally, although C.G.S. §46b-56c defines “necessary educational expenses,” parties should cite the statute or define the phrase themselves if they enter into a separation agreement.  Indeed, if they fail to do so, the meaning may be left open to interpretation.

A Relevant Case

In Bollinger v. Feldman, Superior Court, Judicial District of Hartford, Docket No. FA020731923 (Nov. 18, 2010, Adelman, J.), the parties obtained a divorce by way of an agreement containing a provision titled “College Education of the Children.”  When one of the children took a college-level summer course for credit (while still a high school student), the father refused to contribute toward the tuition fee, claiming that it did not fall within the meaning of “college expenses” as set forth in the parties’ agreement.

The Court noted that the parties did not reference C.G.S. §46b-56c in their agreement; rather they used the phrase “all college expenses.”  However, the parties did not define the phrase, include qualifying language such as “reasonable and necessary,” or specify that such expenses would include only post-secondary education.  On that basis the Court held that since the course was given at a college, and the child earned college credits for her work, the expense must be covered under the parties’ agreement.

Given the vast array of expenses associated with sending a child to college, it is important to pay close attention to the language used in a separation agreement.  Indeed, as the case above illustrates, if parties fail to do so, they could find themselves litigating an otherwise avoidable issue.

If you have questions regarding educational expenses in divorce, or any family law matter contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Decision Suggests Educational Support Orders May Not Be Applied Retroactively

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A case decided by the Connecticut Appellate Court, suggests Educational Support orders entered pursuant to Connecticut General Statutes § 46b-56c may not be entered retroactively.  In Kleinman v. Chapnick, 131 Conn. App. 812 (2011), the parties had two children who were over the age of eighteen and enrolled as full-time college students.  During the divorce proceedings, the parties’ older daughter was a senior and their younger daughter was a freshman.  In February 2010, after the parties entered into a final agreement on custody and visitation, a two-day trial ensued regarding financial issues.

As part of its decision, the Court ordered the husband to pay 100 percent of the statutory expenses for the education of the parties’ younger daughter beginning with the 2010-2011 school year.  As the Court did not enter an order with respect to the 2009-2010 school year, the wife filed a Motion to Clarify, Correct and/or Reargue.  The Court subsequently heard the wife’s motion, but declined to change its position.

On appeal, the Connecticut Appellate Court found that the husband made voluntary payments for the 2009-2010 school year that exceeded his statutory obligation under Conn. Gen. Stat. § 46b-56c.  More importantly, however, the Court held that Section 46b-56c contains no language authorizing retroactive application, pointing out that various provisions contained within the statute suggest that it is intended to apply prospectively only.  In a footnote, the Court further explained that child support orders cannot be retroactive, and an order for post-majority educational support is in fact an order for child support for college education.

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Should you have any questions regarding educational support in the context of divorce proceedings, please feel free to contact Joseph Maya and the other attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com.

What is an Educational Support Order in Connecticut?

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An educational support order is an order entered by a court requiring a parent to provide for a child to attend an institution of higher education or a private occupational school for the purpose of attaining a bachelor’s degree or other undergraduate degree, or appropriate vocational instruction.

Orders may include support for any necessary educational expense, including room, board, dues, tuition, books, fees, registration and application costs, and medical and dental expenses including health insurance.  A court can order a payment to be made (1) to a parent to be forwarded to the college or school, (2) directly to the school, or (3) however the court deems appropriate.

The purpose of an Educational Support Order is to help children of divorced parents afford higher education.  The OLR bill permits judges to order divorcing parents, and fathers subject to paternity orders, to support their offspring who enroll in accredited college or vocational programs after high school until they reach age 23.  Support Orders apply to cases where the first child support order is entered on or after October 1, 2002.  Parents must ask the court to enter such orders, and can do so at any time before the child’s 23rd birthday.

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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.

Paying College Education After Divorce

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At the time of a divorce, parties can reserve jurisdiction, a court’s authority to decide an issue, over matters regarding their child’s post-secondary education expenses.  It is particularly helpful to reserve jurisdiction if the parties have young children, as a family’s needs may change and one parent may wish to seek assistance from the other parent in facilitating their child’s college education.

The court may enter an educational support order for any child under the age of 23 after considering the following factors:

  1. The parents’ income, assets and other obligations, including obligations to other dependents;
  2. The child’s need for support to attend an institution of higher education or private occupational school considering the child’s assets and the child’s ability to earn income;
  3. The availability of financial aid from other sources, including grants and loans;
  4. The reasonableness of the higher education to be funded considering the child’s academic record and the financial resources available;
  5. The child’s preparation for, aptitude for and commitment to higher education; and
  6. Evidence, if any, of the institution of higher education or private occupational school the child would attend.

It is important to note that in Connecticut, if the parties do not explicitly reserve jurisdiction, then the court will be unable to set down an educational support order after a divorce has occurred. The court is also restricted from entering an order beyond the cost of University of Connecticut tuition for a full-time student.

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