In the U.S., two major federal laws protect the educational rights of students with disabilities—the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). Provide the foundation for disability education law in the U.S., mandating requirements and due process for students with disabilities in public schools.
In Connecticut, state laws also provide another layer of protection and support for students with disabilities. In some cases, state laws provide additional protections for students, making it essential that parents in Connecticut also understand state and local disability laws and policies in addition to federal laws.
If your child isn't receiving the educational support and services they need to succeed in school. Or, if your child's school is fighting to withhold an evaluation, IEP, or support services, you need an advocate who will speak up for your child. The experienced Education Law Team at the Lento Law Firm can help. We've helped many families nationwide get the services and support they need for their students with disabilities. Call us at 888-535-3686 to schedule your consultation.
The Bridgeport, Stamford, Norwalk Connecticut Area
Fairfield County in Connecticut encompasses the towns of Bridgeport, Stamford, Norwalk, and many small towns. Altogether, the area is home to nearly one million people in Connecticut. Fairfield County, Connecticut, is also home to schools of all sizes, including some of the best public school districts in the nation:
- Westport School District,
- Wilton School District,
- Bridgeport School District,
- Stamford School District,
- Danbury School District,
- Norwalk School District,
- Greenwich Public Schools,
- Trumbull Public Schools, and
- Stratford School District.
Colleges and Universities Versus K-12 Schools
Connecticut is also home to well-known universities like Yale, Wesleyan, and Bridgeport, flagship institutions like the University of Connecticut, and community colleges and trade schools. Colleges and universities must also follow state and federal law regarding educating students with disabilities. However, they have more leeway with students over 18 or out of high school.
For example, IDEA no longer applies to students who have graduated from high school. Moreover, Individual Education Plans aren't required in college, although in some cases, they can give a university a framework for supporting a student. These policies change in college because K-12 students need the support and advocacy of the adults around them, while college students are adults who can advocate for themselves. When students turn 18, their parents no longer have a legal right to their educational records, and they have no legal role as advocates.
Understanding Reasonable Accommodations, IEPs, and FAPE
There are several federal laws that, combined, require Connecticut schools to give students with disabilities the resources, services, and support they need to complete their education. The Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Improvement Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 work together to protect your student's educational rights in K-12 public schools and, sometimes, colleges and universities. However, the law places more requirements on K-12 schools.
Some key provisions of federal education laws include:
- Free Appropriate Public Education (FAPE): FAPE applies to all students in the United States, including those with disabilities. All students have a right to a free and appropriate public education. For kids with disabilities, a FAPE may also include additional programs or services to make education accessible at no cost to their families.
- Individualized Education Programs (IEPs): Together, parents, the school, and sometimes the student create an individualized education plan for students with disabilities. An IEP creates a framework of support and services that students as young as three need to succeed. It is a legal document that can be revised as needed, creating a guide of the support and resources a student will need to succeed.
- Reasonable Accommodations: Reasonable accommodations are changes and adjustments that your child's school may make to make education more accessible for students with disabilities. Accommodations are intended to place students with disabilities on the same level as those without disabilities. However, your child's school doesn't have to provide all the accommodations you request. The school may consider the cost, feasibility, and the school's resources in determining whether an accommodation is reasonable for your student.
- Least Restrictive Environment (LRE): The least restrictive environment is the environment that places the fewest restrictions on a child's learning environment. It means that many school districts will place students with disabilities into general education classes with non-disabled students. This inclusive approach helps make all students part of the school community as much as possible. Sometimes, the LRE may involve having a child with disabilities in a mainstream classroom with an aide or other accommodations. The LRE will differ for each child according to their disability and best interests.
With IEPs, the LRE, and reasonable accommodations, the goal is to ensure that every student with disabilities receives a free and appropriate public education.
Connecticut Law
Connecticut law mirrors federal law in many ways, providing additional protection for students with disabilities.
Connecticut Special Education
A child must be between three and 21 years old to be eligible for special education in Connecticut. They must also have one or more disabilities under the Individuals with Disabilities Education Improvement Act (IDEA). Disabilities include:
- Autism
- Deafness or hearing impairment
- Blindness or visual impairment
- Deaf-blindness
- Developmental delays for children ages three to five
- Emotional disturbance
- Intellectual disability or mental retardation
- Speech learning disability
- Traumatic brain injury
- Orthopedic impairments
- Physical impairments
- Specific learning disability
- Speech or language impairment
- Multiple disabilities
Your child may qualify for special education if the disability affects their educational performance and they need a specially designed educational program to meet their individual needs. However, in Connecticut, schools must also provide identification, referral, and evaluation services for gifted and talented children. School districts in the state aren't required to provide services for gifted and talented children, but they may do so.
If your child is in a private school in Connecticut, they are not entitled to all the services they may legally be entitled to in public school. The school district where your child's private school is located will be responsible for providing the services it designates for children in private schools in the district.
Special Education Referrals in Connecticut
The special education referral process in Connecticut begins with a written request for an evaluation made by:
- The student is over 18,
- A parent or guardian,
- School personnel,
- Individuals from other agencies if the parent has given permission.
Once referred, you'll receive a notice and a request to participate in a Planning and Placement Team review. The PPT may decide that they already have enough information, or they may request additional evaluations. If the PPT determines that your child qualifies for special education services, they'll hold an IEP meeting to develop an individualized education program for your child. While federal laws use the term IEP, this is more often called a PPT in Connecticut. The PPT will also review your child's plan at least annually, although you and the PPT can agree to modify the plan in writing in between reviews.
An IEP will include:
- Your child's current level of educational and functional performance,
- Measurable educational and functional goals,
- Evaluation procedures and criteria,
- Explanations of any general education curriculum, regular education classes, or extracurricular activities that your child won't participate in,
- Special education services needed, including transportation,
- Recommended instructional settings,
- Date services will end and begin, and the frequency,
- Length of the school year,
- Transitional services, and
- Recommendations for alternative assessments if needed.
You'll receive a copy of your student's IEP within five days of the PPT meeting.
Dyslexia in Connecticut
Unlike many other states, Connecticut's education laws specifically address dyslexia as a disability and established an Office of Dyslexia and Reading Disabilities within the State Department of Education. The law now requires school districts to revamp K-3 reading assessments to incorporate recommendations for dyslexia instruction and for teacher education programs to instruct teachers on dyslexia.
Bullying Laws in Connecticut
Connecticut also has a robust anti-bullying law, passed in 2002 and updated several times, directing all school districts to implement anti-bullying procedures and rules. The law requires that schools have anonymous reporting options, options for parents to file complaints, and allow students who witness bullying to be able to verbally report it to a “safe school climate specialist.” The climate specialist should investigate or supervise the investigation of all bullying reports and ensure the school closes investigations promptly.
District anti-bullying policies must also:
- Create a prevention and intervention strategy for school employees,
- Approve a safe school climate plan,
- Complete an annual assessment of school climate.
The prevention and intervention strategy must:
- Include bullying in student code of conduct manuals,
- Notify parents of all children involved in bullying incidents,
- Invite these parents to a meeting to communicate measures being taken to ensure students' safety,
- Establish procedures for maintaining records regarding bullying incidents,
- Develop case-by-case interventions for repeated bullying,
- Notify law enforcement if bullying constitutes criminal conduct,
- Prohibit bullying at school, school events, and bus stops,
- Prohibit bullying out of school if it creates a hostile environment at school, infringes on student rights, or substantially disrupts education,
- Require the school to provide parents with all bullying policies, and
- Train staff on bullying policies and procedures.
Manifestation Determination Review
If your student has a disability that affects behavior in school, your Connecticut school must consider how the disability impacts behavior before suspending or expelling your child. While your student must still comply with the school code of conduct, federal and Connecticut laws provide additional protections to ensure your child has access to a free and adequate public education.
Under the Individuals with Disabilities Education Act (IDEA), your child's school must complete a Manifestation Determination Review (MDR) before suspending your student for ten days. This includes all time your child will spend suspended, even if it occurs over several incidents. However, Connecticut schools can't suspend or expel students in second grade and below except for serious violations.
The MDR panel consisting of teachers and staff who work with your child must determine if your child's behavior was substantially related to their disability or if the school's failure to implement an IEP led to the behavior. If so, the school must complete a behavioral assessment, implement a behavioral intervention plan, or review and modify an existing one if needed. The MDR panel must make a determination within ten days of the school's decision to suspend or expel your child.
Resolving Special Education Complaints in Connecticut
If you disagree with your child's school about the best course of action for a 504, IEP, discipline, or the results of a manifestation determination review, you can appeal in Connecticut.
- Complaint: You can file a complaint with the Department of Education, Bureau of Special Education within one year. You'll receive a written report with findings, conclusions, corrective action, and recommendations within 60 calendar days. j
- Mediation: Mediation is often a good way to resolve a dispute with the school over whether your child is disabled, selecting a program that meets your student's needs, evaluating your child, or any other matter related to obtaining a free and appropriate public education.
- Due Process Hearing: You can also appeal any dispute with the school over special education or an MDR decision by requesting a due process hearing. You will file a Request for an Impartial Special Hearing with the Bureau of Special Education Due Process Unit.
Protecting Your Student's Right to an Education
Federal and state laws give your student the right to a free and appropriate public education. But if you live in Connecticut and have a special education student, it's important to ensure you understand all the relevant laws. If your school district isn't supporting your child or providing the education they deserve, you must know where to turn for solutions and services in your area.
The skilled National Education Law Team at the Lento Law Firm has been helping students with disabilities in Connecticut and nationwide for years. Let them use their experience and passion to protect your students' rights. Call 888-535-3686 to schedule your consultation, or contact us online today.
