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. “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.” 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.” 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).
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:
- 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”
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.” 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 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.
 Connecticut General Statutes § 10-76a(4).
 “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
 “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., at pp.8-9.
 Individuals with Disabilities Education Act, § 602(26).
 Id. at § 602(3)(A)(i).
 See Footnote 2.
 See Footnote 3.