Posts tagged with "special needs"

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

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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.

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

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“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.

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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.

Supreme Court Decision on Private School Reimbursement

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A United States Supreme Court decision has removed some of the hurdles for parents of students with disabilities to seek reimbursement from local school districts for their children’s private school tuition.

The 6-3 decision ruled that parents are no longer required to first send their special needs child to a public program before placing him or her in a private institution which could better address those disabilities.  The ability to effectively skip this step would save many children precious time to learn and achieve necessary educational goals, while preserving the right to a free, appropriate public education for all children with special needs.

The full text of the decision can be found at: http://www.supremecourtus.gov/opinions/08pdf/08-305.pdf

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Contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com with education law-related matters.

Growing Awareness Surrounding Bullying of Students with Disabilities in Fairfield County

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Bullying has gained the attention of the media over recent years, but despite the focused spotlight, bullying is rampant in our society.  Among the easiest targets are children with special needs.  They are, on average, at a greater risk to be bullied than their non-disabled counterparts.  This is in part because special education children make easy targets. It is often harder for children with disabilities to recognize which behaviors are socially appropriate and those that are not.

Many organizations are stepping up to the challenge of educating the community and parents on the complex issues surrounding bullying of students with disabilities. The Stratford Special Education Teacher and Parent Association held a presentation on “Bullying of Students with Disabilities.” The presentation focused on how to help schools avoid litigation stemming from the targeting of children with special education needs. The hope is to set up systems in schools that address bullying before it becomes a problem.

Interestingly, the presentation also focused on teaching parents how to work with the school system to effectively develop plans to prevent harassment of their children.  It is important that parents work with school administrators to develop Individualized Education Programs (IEPs) that encourages students to learn and develop self-advocacy, and social and life skills necessary to reduce disability related harassment.

In addition to parents and school administrators working together to reduce and bring awareness to bullying and its drastic effects, it is also important to be familiar with the laws that protect children with disabilities.  At Maya Murphy, P.C., we have experience dealing with Education Law, harassment or bullying, Special Education Law, and discrimination.

By Leigh H. Ryan, Esq.

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If you have any questions regarding bullying of students with disabilities, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Special Needs Trusts in Connecticut

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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.

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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 You Need to Know About Your Child’s Education

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One of the reasons that parents work so hard is to be able to provide a better life and a better future for their children. The bedrock of a bright future is a good education.  As a parent, it is important to understand your rights and obligations when it comes to your child’s education.

Adequate Education

As a parent, you are required to have your children enrolled in public school unless the parent can show that the child is receiving equivalent instruction elsewhere. Under Connecticut law, the child must be “instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments.” Conn. Gen. Stat. § 10-184.

School Accommodations

The local school board is required to provide school accommodations to every child, age five (5) or over and under twenty-one (21), with a free appropriate public education. This includes children with special needs. The law also provides for your child’s education to take place in the district in which you live.

Absences

The State of Connecticut has strict regulations concerning a child’s absence from school. Specifically, the State declares a child who has four (4) or more unexcused absences in a month or ten (10) or more unexcused absences during the school year as a “truant.” The designation of your child as a truant results in the activation of certain policies and procedures of the school board, including but not limited to, the notification of the parents, services and referrals to community organizations offering family support, meetings with the parents and school personnel, and possible notification to the Superior Court.  Conn. Gen. Stat. §10-198a. Habitual truants could even face arrest for failure to attend school. Conn. Gen. Stat. §10-200.

Open Choice

Connecticut law has established alternatives to traditional public school education. A parent can home school their children, as long as they comply with Conn. Gen. Stat. §10-184. A parent can choose to send their child to private school, as long as that private school conforms to Connecticut’s laws. But what many parents are not aware of is that Connecticut also offers charter, magnet and vocational schools, and the “open choice” program.  Given the number of opportunities available to parents and children in Connecticut, it is important to research the various options to find the best match for you and your child.

Discipline

The school has the right to discipline your child for breaking school rules. This could mean removing your child from the classroom, giving an in-school suspension, giving an out-of-school suspension, or even expelling your child from school. Prior to any suspension or removal, your child has the right to an informal hearing conducted by a school administrator. If the school is attempting to expel your client, there will be an expulsion hearing. You have a right to an attorney during these proceedings.

Medications

The school, prior to prescribing any medication to your child, must receive a written order from an authorized prescriber, the written authorization of the child’s parent or guardian, and the written permission of the parent allowing communication between the prescriber and the school nurse.  Conn. Gen. Stat. § 10-212a-2(b). The law also permits school districts to allow children to self-administer prescribed emergency medications, such as asthma inhalers, if the child has a verified chronic medical condition and is capable to self-administer.

Bullying

Bullying has become a pervasive problem within schools. State and Federal laws state that the school must investigate reports of bullying. The schools are obligated to meet with the children that are being bullied and whom are doing the bullying. If the schools fail to take certain steps to protect children from bullying, the school could be subject to civil liability. Therefore, if your child is being bullied, bring it to the attention of the schools so that they can attempt to remediate the situation.

Bullying is not just peer-on-peer. Recently, in Frank v. State of Connecticut Department of Children and Families, the Court upheld a hearing officer’s decision placing Mr. Frank’s name on the child abuse and neglect registry, for his bullying of one of his students. Consequently, as a parent you should be aware that bullying can take many forms, and can occur by teachers and other faculty members. 2010 Conn. Super. LEXIS 3085, J.D. of New Britain, Docket No. CV-10-6005213-S (2010).

School Records

A parent has the right to see their child’s school records. A school is required to provide you with a copy of your child’s records within 45 days (within 10 days if your child is receiving special education services).  The school also has to provide the records free of cost if you are unable to afford the copying fees.

The school is not allowed to share your child’s school records without your written permission. While they are allowed to share your child’s records with other teachers and staff within the school system (or outside the school system in the case of an emergency), generally, your child’s records are private.

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If you have any questions regarding your child’s education, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

How Is Marital Property Distributed in a Divorce Proceeding in Connecticut?

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Marital property is any asset – from real estate to savings accounts to home furnishings – that was purchased or obtained before or during the marriage that remains the property of either party of the marriage at the time of the divorce.  In Connecticut, courts have the authority to divide marital property and will consider a number of factors to arrive at a fair division of these assets.  In many cases, courts will divide the assets evenly, particularly where the parties have been married for a long time.  However, the court may, in its discretion, award more assets to one party.

The factors considered in making this determination are: (1) the age of the parties; (2) the health of the parties; (3) the station of the parties; (4) the parties’ respective occupations; (5) the amount and sources of the parties’ income; (6) the party’s liabilities; (7) any relevant special needs; (8) each party’s future earnings capacity and prospect for the acquisition of capital assets and income; and (9) the contribution of each of the parties in the acquisition, preservation, or appreciation of the assets.

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