Posts tagged with "school district"

Developing Your Special Education Child’s Individualized Education Program

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., in Westport, Connecticut 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.

Connecticut School Districts and Bullying: What Can Parents Do?

I was greeted one morning with a very unfortunate email.  The email concerned bullying in Westport, Connecticut Schools and included a heart-wrenching video of an 8th-grade girl claiming to be a victim of bullying in Westport schools. It is just not enough to feel sorry for this victim of bullying, we need to question the effectiveness of the current law and policies in place to avoid the tragic consequences that other towns have dealt with because their students were victims of bullying.

Connecticut General Statute Section 10-222d

I previously blogged about the revisions to Connecticut’s law against bullying in 2008.  Under Connecticut General Statute section 10-222d, the law requires “any overt acts by a student or group of students directed against another student with the intent to ridicule, harass, humiliate or intimidate the other student while on school grounds, at a school sponsored activity or on a school bus, which acts are committed more than once against any student during the school year.” In addition to definitional changes, the statute requires:

  1. teachers and other staff members who witness acts of bullying to make a written notification to school administrators;
  2. prohibits disciplinary actions based solely on the basis of an anonymous report of bullying;
  3. prevention strategies as well as intervention strategies;
  4. requires that parents of a student who commits verified acts of bullying or against whom such bullying occurred be notified by each school and be invited to attend at least one meeting;
  5. requires schools to annually report the number of verified acts of bullying to the State Department of Education (DOE);
  6. no later than February 1, 2009, boards must submit the bullying policies to the DOE;
  7. no later than July 1, 2009, boards must include their bullying policy in their school district’s publications of rules, procedures and standards of conduct for school and in all of its student handbooks, and
  8. effective July 1, 2009, boards must now provide in-service training for its teachers and administrators on prevention of bullying.
Westport’s Bullying Policy

Westport responded to the requirements of this statute with a comprehensive bullying policy which can be found on the school district’s website under the tab for parents, and then selecting policies.

Armed with Connecticut’s law and Westport’s policy, what should we do as parents, community members, and professionals?  I do not profess to have the answers but at a minimum, we should discuss this with our children, question the school administrators, and guide staff and teachers. Together we should challenge ourselves to make a difference using the channels available to us.  There are ways that we can help to effectuate change before it is too late.

If you know of a child affected by bullying, please act on their behalf.  Not every student will post a video to tell you this is happening. If the school is not addressing the bullying in a meaningful way to eradicate the conduct, legal redress is available and the courts will readily intervene.

If you have any questions regarding bullying or other education law matters, please feel free to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or by e-mail at JMaya@Mayalaw.com.

Bullying Remains at Forefront of Education Law

Bullying Remains at Forefront of Education Law as One State Criminalizes Student-on-Teacher Bullying

In an interesting article, author John Ross reported on a newly-enacted North Carolina law that criminalizes student-on-teacher cyberbullying, a less discussed but still pervasive bullying issue.  Students who use computers with the “intent to intimidate or torment” school employees can be subjected to a Class 2 misdemeanor under North Carolina’s new measure.  The law is the first in the nation to directly address student-on-teacher bullying.

A Relevant Case

Despite North Carolina being the first to criminalize such behavior, other states, including Connecticut, have addressed student-on-teacher bullying cases.  In a 2008 case, the Second Circuit considered an appeal in which the plaintiff, a student in Burlington, Connecticut, claimed that school administrators violated her First Amendment rights by preventing her from running for senior class secretary because of off-campus speech she engaged in in which she called school administrators derogatory names after they cancelled a school event that plaintiff was in charge of organizing.[1]

Alleging a violation of her First Amendment rights, plaintiff moved for a preliminary injunction to void the election for Senior Class Secretary and order the school to hold a new election.  Both the district court and the appellate court denied the motion for a preliminary injunction, thereby upholding the school district’s punishment relating to plaintiff’s blog posts.[2]

The Court’s Decision

The Second Circuit reconciled the U.S. Supreme Court’s seminal holding in Tinker v. Des Moines, 393 U.S. 503 (1969) (students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate) with the competing notion that “the constitutional rights of students in public school ‘are not automatically coextensive with the rights of adults in other settings.’”[3] 

Ultimately, the Second Circuit, in an opinion in which now-U.S. Supreme Court Justice Sonia Sotomayor concurred, based its argument on the holding of an earlier decision, which held that “a student may be disciplined for expressive conduct, even conduct occurring off school grounds, when this conduct ‘would foreseeably create a risk of substantial disruption within the school environment,’ at least when it was similarly foreseeable that that the off-campus expression might also reach campus.”[4]

Concluding that it was “reasonably foreseeable that [plaintiff’s] posting would reach school property,”[5] the Second Circuit held that plaintiff failed to show that her First Amendment rights were violated when she was disqualified for running for a student government position.  The Court did note that its decision was narrow, leaving open the possibility that a more severe punishment by the school may have given rise to a constitutional violation.[6] That issue remains to come before the Second Circuit.

The attorneys at Maya Murphy, P.C. are experienced in education matters.  If you have any questions relating to education, bullying, or cyberbullying issues, do not hesitate to contact Joseph C. Maya, Esq. in our Westport, CT office at 203-221-3100 or JMaya@Mayalaw.com.


[1] Doninger v. Niehoff, 527 F.3d 41 (2d Cir. 2008).

[2] Id.

[3] Bethel Sch. Dist. No. 403 v. Fraser, 478 U.S. 675, 682 (1986).

[4] Doninger, 527 F.3d at 48, quoting Wisniewski v. Bd. Of Educ., 49 F.3d 34, 40 (2d Cir. 2007).

[5] Id. at 50.

[6] Id. at 53.

Evaluating Your Child’s Special Education Needs and Services

The process by which a child is determined eligible for special education and related services may seem intimidating or overwhelming, as there is a wealth of information that any parent of a child with disabilities needs to understand. In this latest series of school law articles, we are presenting an overview of just what happens once a child is identified as potentially eligible, and this post specifically focuses on the evaluation process.

The Initial Evaluation 

An initial evaluation occurs right after a child’s referral for special education, which the planning and placement team (PPT) uses to determine “your child’s specific learning strengths and weaknesses and needs, and to determine whether or not your child is eligible for special education services.”[1] You have the right to participate in the PPT, and thus have the valuable opportunity to provide all relevant information related to your child’s abilities, needs, and skills.

Other information that the PPT considers is that collected by the school district and its employees: “informal and formal observations, a review of homework, standardized tests and other school records and information.”[2] However, the process must be conducted in a nondiscriminatory manner, and you have the right to refuse consent or revoke it at any point.

The PPT Meeting

When the evaluation is complete, you will meet with the rest of the PPT to interpret the data collected during the study. The purpose of this meeting is to determine:

  1. Whether your child has a disability (as enumerated in the Individuals with Disabilities Education Act, or IDEA)
  2. Whether that disability has an adverse impact on your child’s education
  3. Whether your child needs special education and related services to fulfill free appropriate public education (FAPE) requirements.
The Independent Educational Evaluation

However, what happens if you don’t agree with the results of this evaluation? You may consult with a qualified examiner now employed by the school district to conduct an independent educational evaluation (IEE). Determining who pays for this boils down to two situations:

  1. The school district simply agrees to pay for the IEE. The evaluation criteria of the IEE must be the same as that used by the school in its own evaluation.
  2. The school district asserts that its evaluation was proper or the IEE criterion is insufficient. It may elect to pay for the IEE or hold a due process hearing, at which the hearing officer determines the appropriateness of the school’s evaluation. If the officer finds in their favor, you may still obtain an IEE, but you are responsible for paying for it.

The results of an IEE must be considered by the school district. “However, the school district is not required to agree with or implement any or all of the results or recommendations of the independent educational evaluation.”[3]

The Reevaluation Process

Placement in special education and your child’s IEP are not concrete. Indeed, reevaluations are made to determine several things:

  1. Whether or not your child still has a qualifying disability
  2. Your child’s present level of academic achievement as well as related developmental needs
  3. Whether or not your child still needs special education and related services
  4. Whether or not your child’s IEP requires modification

In essence, the PPT looks at the information regarding your child, and you may ask the school district to conduct additional assessments if you believe more information is necessary for making these determinations. The reevaluation process must occur at least once every three years, though the PPT may perform it more frequently. However, your written consent is required, though special circumstances permit the reevaluation without it.

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. in Westport, Connecticut 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.6. Accessed October 9, 2012: http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf

[2] Id.

[3] Id. at 7.

What Parents Need to Know About Special Education Law

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

Referral to Special Education and Related Services

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

Planning and Placement Team (PPT)

The PPT reviews all referrals to special education. As a parent of a child, you have the right to be actively involved in the PPT, and are, in fact, a valued asset of the PPT.   A PPT generally consists of the parent(s), one of the child’s educators, a special education teacher, a representative of the school district, a pupil services personnel, and the child (depending on age).

As a parent, you have the right to include other individuals who have knowledge or special expertise regarding your child.  As a valued member of the PPT, the school district must try to schedule meetings at a mutually agreeable time and place for you and must notify you, in writing, at least five (5) school days prior to holding the meeting.

Evaluations, Independent Educational Evaluations (IEE), and Reevaluations

The evaluation is the study used to determine a child’s specific learning strengths and needs, and ultimately determine whether your child is eligible for special education services. As an active participant, a parent can assist the PPT in designing the evaluation.  That is why sharing with the PPT all important information concerning your child’s skills, abilities, observations, and needs can be extremely beneficial to the process.

If you disagree with the evaluation conducted by the school district, you have a right to obtain an independent educational evaluation (IEE).  Such an IEE can be obtained at the school district’s expense, unless the school district can prove its evaluation is appropriate or that the IEE does not meet the school district’s criteria. If the school district believes that its evaluation was appropriate, it must initiate a due process hearing (or pay for the IEE).  In either event, you have a right to an IEE.

However, if the school district’s evaluation is found appropriate, the parent will have to bear the cost of the IEE.  Reevaluation must be performed at least once every three (3) years, or sooner if conditions warrant. At the reevaluation, the educational needs of your child will be assessed, along with present levels of academic and related development needs of your child to determine whether your child continues to need special education and related services and whether your child’s IEP needs to be modified.

Individualized Education Program (IEP)

The IEP is a written plan that describes in detail your child’s special education program created by the PPT. Given the IEP is designed specifically for your child, it is vital that as a parent you exercise your right to be actively involved in the PPT meetings.  The IEP is designed to identify your child’s current levels of education and functional performance and any modifications or accommodations your child needs to participate in the general education curriculum.

A child with a disability must, to the maximum extent possible, be educated with his/her 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 Education Discipline and Interim Educational Settings

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. in Westport, Connecticut 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.

The Application of Governmental Immunity to School Bullying Suits

Governmental Immunity

In Connecticut, the doctrine of “governmental immunity” may bar a plaintiff bullying victim from succeeding in a claim against a school district.  The general concept of governmental immunity stems from the value judgment that government officers and employees should have the discretion to carry out their duties without the perpetual fear or threat of a lawsuit for any injury caused in the administration of their duties.  However, the concept of governmental immunity applies only where municipal officers are engaged in discretionary acts, as opposed to ministerial acts.

A ministerial act refers to an act “which is performed in a prescribed manner without the exercise of judgment or discretion.”[1] In other words, for a plaintiff to allege the existence of a ministerial duty, he or she must demonstrate that “the defendant was required to perform in a prescribed manner and failed to do so.”[2] Connecticut courts have generally found that the supervision of students, implementation of school policies, and control of a school and its students are carried out through discretionary acts,[3] which allow a school to invoke governmental immunity if subjected to a suit.

Exceptions to Discretionary Act Immunity

However, there are three exceptions to discretionary act immunity.  Liability may be imposed for a discretionary act where the conduct alleged involves malice, wantonness, or intent to injure; liability may be imposed for a discretionary act when a statute specifically provides for a cause of action against a municipality for failure to enforce certain laws; and finally, liability may be imposed “when the circumstances make it apparent to the public officer that his or her failure to act would be likely to subject an identifiable person to imminent harm.”[4] 

It is this last exception, the identifiable person-imminent harm exception, which is relevant in school bullying cases.  The Connecticut Supreme Court has “construed this exception to apply not only to identifiable individuals, but also to narrowly defined identifiable classes of foreseeable victims.”[5] Such victims can include victims of school bullying in cases where imminent harm was foreseeable if the defendants did not act with reasonable care.  Whether it would be apparent to a school district that their actions, or inactions, would be likely to subject a plaintiff to harm will be a major factor that a court uses in determining whether a school district can be immune from a bullying suit based on governmental immunity.

If you have any questions about bullying, cyberbullying, or education law in general, please do not hesitate to contact Joseph C. Maya, Esq. in our Westport office at (203) 221-3100 or at JMaya@Mayalaw.com.

 


[1] Heigl v. New Canaan, 218 Conn. 1, 5, 587 A.2d 423 (1991).

[2] Id.

[3] Rigoli v. Town of Shelton, 2012 Conn. Super. LEXIS 349, at *9 (Feb. 6, 2012).

[4] Straiton v. New Milford Bd. Of Educ., 2012 Conn. Super. LEXIS 773, at *20 (Mar. 13, 2012), quoting Violano v. Fernandez, 280 Conn. 310, 319-20 (2006).

[5] Straiton, at *22.

What Should I Do if My Child Has Been Denied Special Education?

Schools may often refuse to make reasonable accommodations for children who need special education.  If your child has special education needs, the school must accommodate for the child under the Americans with Disabilities Act.  You have many rights in this situation such as the right to a manifestation hearing, and you may also have the right to file a complaint against the school district.  You should obtain an education attorney as soon as possible to educate you on your rights, and help you get the accommodations your child needs and deserves. 


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.

No Child Left Behind – Connecticut

What is NCLB?

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 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. 

Stronger Test Standards

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.”  Schools and school districts that fail to make “adequate yearly progress” are subject to corrective action and restructuring.  Adequate yearly progress means, for example, that each year a school’s fourth graders score higher on standardized tests than the previous year’s fourth graders.

What if a school underperforms?

Once a school has been identified under NCLB as requiring improvement, corrective action, or restructuring, local school officials must afford its students the opportunity (and transportation, if needed) to attend a better public school within the same school district.  Low-income students attending a “persistently failing school” (i.e., one failing to meet state standards for 3 out of the 4 preceding years) are eligible for funding to obtain supplemental educational services from either public or private schools selected by the student and his parents. 

Under-performing schools are highly incentivized to improve if they wish to avoid further loss of students (and an accompanying loss of funding).  A school that fails to make adequate yearly progress for five consecutive years is subject to reconstitution under a restructuring plan.

Simply stated, NCLB provides states and school districts unprecedented flexibility in their use of federal funds in return for more stringent accountability for increased teacher quality and improved student results.

Improving Reading Ability and Instruction

One of the stated goals of NCLB is that every child be able to read by the end of third grade.  To this end, the Federal government invested in scientifically based reading instruction programs to be implemented in the early grades.  An expected collateral benefit of this initiative is reduced identification of children requiring special education services resulting from a lack of appropriate reading instruction. 

NCLB funds screening and diagnostic assessments to identify K-3 students who are at risk of reading failure, and to better equip K-3 teachers in the essential components of reading instruction.  Funds are also available to support early language, literacy, and pre-reading development of pre-school age children.

In keeping with its major themes of accountability, choice, and flexibility, NCLB also emphasizes the use of practices grounded in scientifically based research to prepare, train, and recruit high-quality teachers.  Once again, local school administrators are afforded significant flexibility in teacher staffing, provided they can demonstrate annual progress in maintaining and enhancing the high-quality of their teachers.

Ensuring Safe School Environments

Finally, in an effort to ensure safe and drug-free schools, NCLB, as proposed, requires states to allow students who attend a persistently dangerous school, or who have been victims of violent crime at school, to transfer to a safe school.  To facilitate characterizing schools as “safe” or “not safe,” NCLB requires public disclosure of school safety statistics on a school-by-school basis.  In addition, school administrators must use federal funding to implement demonstrably effective drug and violence prevention programs.

It is within this overarching educational framework of NCLB that the State of Connecticut oversees and administers its constitutional and statutory obligations to educate your children.

Contact Joseph Maya and the other experienced education law attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com with questions regarding NCLB, or to schedule a free initial consultation.

Special Education Law: Evaluation and Identification

Children identified as having disabilities have different rights from other students. Accordingly, the identification process is a very important step. It begins with a referral sent to the student’s school district – specifically, a written request for an evaluation of whether the child is eligible for, and needs, special education services. This request can be made by the child’s parent, school personnel, or another appropriate person (such as a physician or a social worker).

Once the school district receives a referral, it must convene a planning and placement team (“PPT”) to review the referral, determine whether further evaluation is necessary and, ultimately, decide whether the child requires special education services. If the PPT requests further evaluation of your child, such evaluation will be conducted at the school district’s expense.

Once the PPT has made its determination, you have the right to request an independent educational evaluation (“IEE”) of your child if you disagree with the PPT’s decision. If, after the IEE, you still disagree with the PPT, you may request a hearing in accordance with State Department of Education regulations. Our attorneys will work with your family to determine the best course of action and to protect your child’s educational rights, while ensuring compliance with applicable federal, state and local regulations.