Posts tagged with "IEP"

What Services Are Required for School-Aged Children with Autism in Connecticut?

Leave a reply

Children with autism are eligible for special education and related services in Connecticut.  State and federal law does not require local school districts to provide particular services for children with autism.  These laws do require school districts to identify children with disabilities that affect their educational performance and provide them with a free and appropriate public education tailored to their individual needs.

Specific services for autistic children depend on his or her disability and individualized educational program.  This program is established by the child’s planning and placement team.  A planning and placement team is a group consisting of the child’s parents, teachers, and educational specialists that evaluate the child’s services annually.

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.

Special Education Law – Relevant Terms

Leave a reply

Special Education Law – Relevant 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.

Todd Video Highlights Cyberbullying Epidemic

Leave a reply

In the wake of Canadian teenager Amanda Todd’s heart wrenching YouTube video and subsequent suicide (reported on here), much has been written about social media’s impact on Todd’s plight. Since her death on October 10, users have continued to post hateful messages on a Facebook page, justifying their cruelty with “freedom of speech” claims.

Yesterday, a Canadian journalist wrote an article discussing Canadian New Democratic Party’s MP Dany Morin’s response to the Amanda Todd tragedy.[1] Speaking to Canada’s House of Commons yesterday, which had the opportunity to consider new legislation addressing cyberbullying, Morin stated: “Nowadays, with cyberbullying, with social media, it has gotten to a breaking point.”  Speaking of his own high school experience, Morin, who is gay, noted that though bullying existed, Facebook and other means of social media didn’t exist.  With social media, there is no break from the bullying – it is 24/7.

Todd’s death, which made international headlines, highlights how cyberbullying has been exacerbated by social media.  As previously reported, school administrators have acted swiftly, hosting seminars and training sessions for parents, students, and faculty members, in an attempt to educate authority figures on how best to recognize and combat bullying.  State legislatures are enacting laws aimed exclusively at cyberbullying, or amending online harassment laws to encompass the specific area of cyberbullying.  But the law continues to remain murky, wrapped up in freedom of speech and First Amendment concerns.

–

It is important, if you have concerns about bullying against yourself or a loved one that can only be resolved through legal action, to consult with an attorney experienced in the complicated maze of education law.  If you do have questions, please contact Joseph C. Maya, Esq., in our Westport office, at 203-221-3100, or at JMaya@mayalaw.com.

 

[1] http://news.nationalpost.com/2012/10/15/cyber-bullying-on-social-media-is-at-a-breaking-point-says-ndp-mp-championing-private-members-bill/.

What is Special Education, and Is My Child Eligible For Such Services?

Leave a reply

“The State Board of Education believes each student is unique and needs an educational environment that provides for, and accommodates, his or her strengths and areas of needed improvement. The Board also believes that a unified and coordinated continuum of educational opportunities and supports serves and benefits all students.”

– Excerpted from the State Board of Education’s “Position Statement on the Education of Students with Disabilities

Every parent who has the best interests of their child at heart would most likely agree with the above statement. Making sure your child receives the best K-12 education they can is certainly the goal. However, this may appear less attainable to parents who are uncertain about the future of their disabled child, or who don’t even realize that their child has special needs.

Special Education Eligibility

Under Connecticut law, which mirrors federal statutes, “special education” is specifically designed instruction tailored to meet the individualized needs of a child identified as having a disability.[1] “A child who is eligible for special education services is entitled by federal law to receive a free appropriate public education (FAPE)… [which] ensures that all students with disabilities receive an appropriate public education at no cost to the family.”[2] FAPE is an “unqualified right” that a school district cannot thwart or undermine due to the accompanying expenses.

However, determining whether your child is eligible may seem intimidating, but the process is more straightforward than you would expect. As a baseline, your child must be between ages 3 and 21, and “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.”[3] Related services include “transportation, and such developmental, corrective, and other supportive services… as may be required to assist a child with a disability to benefit from special education” (except for surgically implanted medical devices).[4]

Disability Classes

Next, you must establish that your child has one or more of the enumerated classes of disabilities, as found directly in the Individuals with Disabilities Education Act:[5]

  • Autism
  • Hearing impairments (including deafness)
  • Mental retardation
  • Orthopedic impairments
  • Serious emotional disturbance
  • Specific  learning disabilities
  • Speech or language impairments
  • Traumatic brain injury
  • Visual impairments (including blindness)
  • Other health impairments – this includes “limited strength, vitality or alertness due to chronic or acute health problems such as lead poisoning, asthma, attention deficit disorder, diabetes, a heart condition, hemophilia, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome”[6]

If your child is of the proper age and has one of these disabilities, you must next determine whether or not his or her educational performance is adversely affected. If the answer is yes, “a special education program must be developed to meet their unique educational needs.”[7] This is known as an Individual Education Program, or IEP, which will be the subject of an upcoming post.

Written by Lindsay E. Raber, Esq.

–

If you are a parent with a child that has a disability, it is important that you meet with school officials to create an IEP that maximizes your child’s educational opportunities. Should you have any questions about special education or education law in general, it may prove beneficial to seek the counsel of an experienced education law practitioner. 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] Connecticut General Statutes § 10-76a(4).

[2] “A Parent’s Guide to Special Education in Connecticut,” by the Connecticut State Department of Education. 2007. Accessed October 5, 2012: http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf

[3] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., at pp.8-9.

[4] Individuals with Disabilities Education Act, § 602(26).

[5] Id. at § 602(3)(A)(i).

[6] See Footnote 2.

[7] See Footnote 3.

Developing Your Special Education Child’s Individualized Education Program

Leave a reply

A recent series of articles on this website provides an overview of the special education process so you, as a parent, know what to expect. You have the right to make sure your child receives a free appropriate public education (FAPE), and oftentimes that means a standard classroom environment does not meet your child’s special needs due to a disability.

If your child is between 3 and 21 years of age, suffers from an enumerated disability under the Individuals with Disabilities Education Act (IDEA), and the disability interferes with his or her classroom performance, you have the opportunity to seek special education and related services. More importantly, you can play a critical role on the planning and placement team (PPT) to evaluate your child’s special education referral to determine eligibility.

Individualized Education Programs

So, you’ve made it this far: your child is deemed eligible for special education and related services, but… what happens now? The PPT will hold meetings to establish an individualized education program (IEP), which is “a written plan detailing your child’s special education program,”[1] including the following key elements:

  • Present levels of educational and functional performance;
  • Measurable educational goals linked to present levels of academic and functional performance for the coming year and short-term instructional objectives derived from those goals;
  • Evaluation procedures and performance criteria;
  • An explanation of the extent, if any, to which your child will not participate in the regular education class, the general education curriculum or extracurricular activities;
  • Modifications and accommodations your child needs to participate in the general education curriculum including nonacademic and extracurricular activities;
  • Special education and related services required by your child including transportation and physical and vocational education programs;
  • Recommended instructional settings and a list of people who will work with your child to implement the IEP;
  • The date services will begin and end, and the frequency of the identified services;
  • The length of the school day and year;
  • Statement of accommodations and modifications needed to facilitate CMT/CAPT, or district-wide testing;
  • Recommendations for participation in alternate assessments (if needed); and
  • Transition service needs.[2]
PPT Meetings

Within five days after the PPT meets and develops your child’s IEP, you must receive a copy of the plan. The same goes for any future revisions.

Keep in mind that you have the right to participate in the PPT meetings, and your school district must work with you to select a time and place that works for both sides. You must receive five days written notice of any meeting to make sure you will be able to attend. This notice includes:

  • A list of who will be attending the meeting;
  • Affirmation of your right to bring with you other individuals who are able to provide support or who have knowledge and/or expertise with respect to your child’s needs.
  • An invitation to your child to attend if he or she is 16 years of age or older (or even if the child is younger, if participation is deemed appropriate), and “the purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child”[3]

If the school schedules the meeting at a time or location you cannot make, alternative methods of participation, such as a telephonic or video conference call, must be explored. However, if the school district repeatedly attempts to schedule a meeting and each time you are unable to attend, they may hold the PPT meeting without you; the school must maintain a results log documenting these attempts.

Written by Lindsay E. Raber, Esq.

–

If you are the parent of a child that has a disability, it is imperative that you participate in this process so as to help maximize your child’s educational opportunities. Should you have any questions about special education or education law in general, it may prove beneficial to seek the counsel of an experienced school law practitioner. 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] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., pp.20.

[2] “A Parent’s Guide to Special Education in Connecticut,” by the Connecticut State Department of Education, pp.4. Accessed October 9, 2012: http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf

[3] Id. at 5.

Special Education Referrals, and the Planning and Placement Team

Leave a reply

If you’re a parent and determined that your child meets the requirements for SPED (special education), what happens next? Rather than immediate referrals and placement, your school district will first attempt to keep the child in a regular classroom and incorporate an alternative general education program. It is within your authority to approach the school district on implementing an alternative program for your child, but should he or she continues having problems in a non-SPED classroom, a referral is the next course of action.

What is a Referral?

A referral is “a written request for an evaluation of a child who is suspected of having a disability and who may be in need of special education and related services.”[1] Various parties may submit the referral:

  • The student, if 18 years of age or older.
  • The parent, guardian, or surrogate parent of the student.
  • A member of the school’s personnel.
  • Other qualified individuals, such as the student’s physician or social worker, provided parental permission to make the referral was previously granted.

The student need not actually be attending school yet to qualify for a referral: remember, one of the qualifications for SPED under the Individuals with Disabilities Education Act (IDEA) covers an age range of 3 to 21 years. Your school district is obligated to “identify children in need of special education from birth on, [a duty called] ‘child find.’”[2]

What is a PPT?

If you are not the individual who made the referral, you will receive a written notification (or notice) of it. In addition, you will have the right to participate on your child’s PPT, which is tasked with “review[ing] existing evaluation information that the school district has about your child to determine whether there is a need for any additional data or information.”[3] In other words, this is the group of individuals that determines whether the information they have on hand supports SPED placement, and you have the ability to directly impact that decision through your own participation.

The following is a list of those who typically comprise the PPT:

  • The child’s parents
  • One or more of the child’s regular education teachers (if any)
  • One or more of the child’s special education teachers/providers
  • A school district representative “who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities and is knowledgeable about the general curriculum and about the availability of resources of the school district”
  • A member of student services, such as a guidance counselor or school psychologist
  • An individual “who can interpret the instructional implications of evaluation results” (possible dual-role with previously listed individuals, except for the parent)
  • The student him- or herself, when warranted
  • “[O]ther individuals who have knowledge or special expertise regarding children.”[4]
Consent in the Placement Process 

As a parent, you have the right to refuse consent of an evaluation. Informed consent means “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.”[5] It is required in the referral process when:

(a) [Y]our 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 reevaulated.

Consent to an initial evaluation does not automatically extend to the additional steps listed above: rather, new consent is required before the school district may take action. However, “a parent’s failure to give consent to a reevaulation 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.”[6] Regardless, if you reject a proposed course of action, the school district must still provide your child with a free appropriate public education, or FAPE.

Written by Lindsay E. Raber, Esq.

–

The upcoming articles will focus on the initial evaluation process, as well as the product of the PPT if the parent agrees to go forward with a SPED program and the child’s eligibility is upheld: the individualized education program, or IEP. If you are the parent of a child that has a disability, it is imperative that you participate in this process so as to help maximize your child’s educational opportunities.

Should you have any questions about special education or education law in general, it may prove beneficial to seek the counsel of an experienced school law practitioner. 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] “A Parent’s Guide to Special Education in Connecticut,” by the Connecticut State Department of Education, pp.2. Accessed October 8, 2012: http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf

[2] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., pp.10-11.

[3] See Footnote 1.

[4] See Footnote 1.

[5] See Footnote 2 at 11.

[6] Id at 11-12, citing 34 C.F.R. § 300.300.

What Parents Need to Know About Special Education Law

Leave a reply

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 non-disabled 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 non-disabled 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.

Special Needs Trusts in Connecticut

Leave a reply

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?

Leave a reply

Your child’s need for special education 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.

Special Education Discipline and Interim Educational Settings

Leave a reply

Children that require special education and related services must comply with a school district’s student code of conduct. That being said, the disciplinary procedures that apply are somewhat distinct from those used with non-special education students. In an article posted previously, I described the expulsion process for special education students in more general terms – today, let’s narrow that focus.

Special Education Discipline Process

If your special education child faces disciplinary action, his or her planning and placement team (PPT), of which you may be a member, will schedule a meeting to conduct a “manifestation determination.” In other words, the PPT will figure out whether “your child’s behavior was caused by or had a direct and substantial relationship to his or her disability.”[1] The PPT will also figure out whether the school district failed to implement your child’s individualized education program (IEP), thus prompting the misbehavior. The manifest determination must be conducted no later than ten (10) days after a decision to change your child’s placement.[2]

If the PPT concludes that your child’s behavior did not result from his or her disability, he or she will be disciplined consistent with that received by any other student who behaved in the same way. However, if the PPT establishes either that the behavior “was a manifestation of his or her disability or was due to a failure to implement his or her IEP,”[3] the PPT must perform a functional behavioral assessment (assessment) as well as create and implement a behavioral intervention plan (plan).[4]

The assessment is used to gather information that may shed light on why your child acted the way he or she did, as well as “identify strategies to address your child’s behavior.”[5] In turn, the plan should be designed in a way so as to teach your child how to properly behave, as well as deter and eliminate negative behaviors.

Long-Term Placement in an IES

It is important to keep in mind, however, that your child could be removed from his or her current placement and into an interim educational setting (IES). In most instances, this alternative placement must not exceed ten (10) days and is determined by your child’s IEP. In limited situations, however, your school district may decide to place your child in an IES for upwards of forty-five (45) days. This is without regard to the results of the PPT’s manifestation determination. The three circumstances where this may occur are as follows:

  • Your child carried or possessed a weapon to school or to a school-sponsored activity.
  • Your child knowingly possessed or used an illegal drug, or sold or solicited the sale of a controlled substance on school grounds or at a school-sponsored activity.
  • Your child inflicted serious bodily injury upon a fellow student, staff member, or any other person while on school grounds or at a school-sponsored activity.
What if I disagree with my child’s placement?

If you, as a parent, disagree with any decision relating to the above, you have the right to file for a due process hearing.[6] Unless you and the school district agree to otherwise, your child will remain in the IES until either the placement expires or a post-hearing decision is rendered.[7] Your local education agency must hold the hearing within twenty (20) days of the filing, and the hearing officer must render a decision within ten (10) days after the hearing.[8] Furthermore, the hearing officer has authority to your child’s regular placement if he or she “determines that removal was not valid or your child’s behavior was a manifestation of his or her disability.”[9]

Written by Lindsay E. Raber, Esq.

–

Because of the potentially adverse and significant impact a suspension or expulsion can have on a student’s future, it is imperative to seek the advice of an experienced school law practitioner. The lawyers at Maya Murphy, P.C., assist clients in Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, and Westport. Should you have any questions regarding school discipline, 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] “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq.,, pp.31.

[2] 34 C.F.R. § 300.530(e).

[3] See Footnote 1.

[4] 34 C.F.R. § 300.530(f)(1)(i)-(ii).

[5] See Footnote 1.

[6] 34 C.F.R. § 300.532(a).

[7] 34 C.F.R. § 300.533.

[8] 34 C.F.R. § 300.532(c)(2).

[9] See Footnote 1.