Posts tagged with "Special Education"

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

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 specialist 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.

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.  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.

Special Education Re-Evaluations

Each student identified as special education eligible must be re-evaluated at least once every three years, but not more than once per year (unless the student’s parents and the school district agree that more frequent re-evaluations are needed). Continue Reading

Placement in Appropriate Programs

Special education students are entitled to a free appropriate public education (otherwise known as “FAPE”), that must be tailored to the individual student. However, schools are not required to provide optimum programming – just “appropriate” programming. One federal judge has likened the difference between optimum and appropriate programming to that between a “Cadillac” and a “serviceable Chevrolet.” See Doe v. Bd. of Ed. of Tullahoma City Schools, 9 F.3d 455, 459-60 (6th Cir. 1993). However, if a particular service is required for the student’s special education needs, as evaluated, then the service must be provided without regard to how much it costs.

Sometimes, public schools simply do not offer the services that your child’s special education needs require. At this point, it may be possible to place your child in an appropriate private school and seek reimbursement from your school district for the associated costs. In order to do this, you must request a due process hearing and prove to an impartial hearing officer that not only does the private school meet your child’s educational needs, but that the school district failed to provide your child with a FAPE in a timely manner. Furthermore, you must comply with relevant statutory and regulatory requirements or your reimbursement award may be denied or reduced. Significantly, one misstep in this process can mean losing your right to reimbursement – there are time limitations and notice requirements to comply with, and it is important to know all the details before a parent unilaterally places a child privately. Our experienced attorneys will make themselves available to guide and assist you in making a quick and efficient determination of the most effective plan of action for your family, while protecting your rights under applicable regulations.

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 yesterday, I described the expulsion process for special education students in more general terms – today, let’s narrow that focus.

If your special education child faces a 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.

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.

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]

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.

Written by Lindsay E. Raber, Esq.


[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.

Todd Video Highlights Cyberbullying Epidemic

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’s 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 the Process for Expelling a Special Education Student?

If you are the parent of a child that qualifies for special education under the Individuals with Disabilities Education Act (IDEA), it is imperative that you understand that an entirely different set of rules applies.

“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.”[1] A special education child’s misconduct does not obviate the school district’s statutory duty. Therefore, before an expulsion hearing occurs, the child’s planning and placement team (PPT), which includes the parent(s), will schedule a meeting to determine whether or not the child’s misbehavior was caused by his or her disability. How the question is answered will impact the PPT’s course of action.

If the answer is “yes,” expulsion will not be pursued. Rather, the PPT will reevaulate the child and potentially modify his individualized education program (IEP) “to address the misconduct and to ensure the safety of other children and staff in the school.”[2] If, instead, the answer is “no,” the standard expulsion procedures[3] are followed. However, an AEP that is consistent with the child’s special educational needs must be provided by the school for the duration of the expulsion.[4]

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 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.

Written by Lindsay E. Raber, Esq.


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

[2] Connecticut General Statutes § 10-233d(i).

[3] See Connecticut General Statutes § 10-233d(a).

[4] Connecticut General Statutes § 10-233d(i).

What is “Gifted and Talented” and What If My Child Is Identified as Such?

While reading a parent’s education law guide written by attorneys here at Maya Murphy, I was initially surprised to read the following: “A child requiring special education in Connecticut includes not only children with disabilities but also those who are found to be especially gifted and talented.”[1] Indeed, “a child requiring special education” is not limited to those deemed eligible pursuant to the Individuals with Disabilities Education Act (IDEA; see my previous post), but a child that:

[H]as extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program.[2]

The Regulations Concerning State Agencies go into greater depth as to what constitutes “gifted and talented,” “extraordinary learning ability,” and “outstanding talent in the creative arts.”[3]

You may be asking yourself, “But how do I know my child is gifted and talented?” The State Department of Education produced a very informative list of FAQs, one of which directly addresses this question:

Some children are able to concentrate for long periods of time at a very young age or demonstrate their gifts and talents by using a large vocabulary, constant questioning, demonstrating unusual creativity, performing advanced math calculations, and/or exhibiting exceptional ability in specific subject areas.

Not all children, however, demonstrate their potential abilities and talents in the traditional manners mentioned above. Thus, concerned parents should consult with child development specialists, such as their local school officials, pediatricians, or higher education personnel for more information.[4]

The rules governing gifted and talented (GaT) are somewhat similar to the mandates stemming from special education classifications under IDEA (and associated state law codifying its requirements). Schools districts must “provide identification, referral and evaluation for gifted and talented children.”[5] However, offering GaT programming is optional: “(c) Each local or regional board of education may provide special education for children requiring it who are described by subparagraph (B) of subdivision (5) of section 10-76a and for other exceptional children for whom special education is not required by law.[6] Thus, if you are the parent of a child identified as GaT and your school elects not to offer special programs or services, they are not denying your child the free appropriate public education, or FAPE, as is required under federal law.

However, if your school district refuses to identify, refer, or evaluate your child for GaT status pursuant to Connecticut law, it is imperative that you seek the counsel of an experienced and knowledgeable school law practitioner. Should you have any questions regarding gifted education, special education, or any other education law matter, 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.

Written by Lindsay E. Raber, Esq.


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

[2] Connecticut General Statutes § 10-76a(5)(B).

[3] Regulations of Connecticut State Agencies § 10-76a-2.

[4] “Gifted and Talented – QA,” by the State Department of Education. Accessed October 5, 2012: http://www.sde.ct.gov/sde/cwp/view.asp?a=2618&q=320948

[5] Id. at § 10-76d-1.

[6] Connecticut General Statutes § 10-76d(c).

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

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.

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]

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.

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 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.

Written by Lindsay E. Raber, Esq.


[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.