All children in the United States have the right to a free, appropriate public education. Federal as well as Massachusetts and Connecticut state laws protect individuals with disabilities, including students, from discrimination and give them the right to participate in society. In education, these rights extend to the accommodations and services a student requires to benefit from that education.
What services and support a student can access depends on their disability, the severity of their disability, and their school. School districts have no obligation to provide identical services, and factors such as budget and size can influence what accommodations a district may offer.
Students in the Worcester area can benefit from both Massachusetts and Connecticut recently revising their IEP processes. Both states also offer resources to help parents and guardians learn about disability rights in education.
The Education Law Team at the Lento Law Firm works with families nationwide to find resolutions when school districts fail in their legal obligations to students with disabilities. When possible, we help families collaborate with school districts to find solutions. Our focus throughout the process is ensuring every student has full access to their right to an education. Call us today at 888-535-8636, or contact us online, to learn how we can help your student.
About the Worcester Metropolitan Region
The second largest city in Massachusetts with a metropolitan area that spans two states, Worcester reinvented itself from a 19th-century factory town to a center of education and biotech in the latter part of the twentieth century. The area's population reached a new high-water mark in the 2020 census, with the metro area registering slightly under 1 million residents. The city of Worcester alone houses an average of 35,000 college students every year.
The Worcester metropolitan area covers Worcester County, Massachusetts, and Windham County, Connecticut. Located in the Northeast corner of Connecticut, Windham is the state's least populated county, with approximately 116,000 residents in the 2020 U.S. Census.
Connecticut K-12 Public School Districts
The following school districts are in Windham County or serve students who reside in the county. They are:
- Ashford School District
- Brooklyn School District
- Canterbury School District
- Chaplin School District
- Eastern Connecticut Regional Educational Service Center
- Eastford School District
- Hampton School District
- Killingly School District
- Plainfield School District
- Pomfret Community School
- Putnam School District
- Regional School District 11 (also known as Parish Hill High School)
- Regional School District 19 (located in Tolland County but with parts of Windham falling within its boundaries)
- Scotland Elementary School
- Sterling School District
- Thompson School District
- Windham School District
- Woodstock Academy
- Woodstock School District
One unique educational option in the area is Woodstock Academy. The school offers both residential and day student options, and for students from surrounding towns who gain admission, their town will pay for their tuition.
The state also operates the Connecticut Technical Education and Career System, which has campuses throughout the state. Students must apply for admission. Two of the system's schools, Harvard H. Ellis Technical High School and Windham Technical High School, fall within Windham County's borders.
Massachusett K-12 Public School Districts
Beyond the city of Worchester, smaller towns make up much of Worcester County. The school districts that serve residents include:
- Ashburnham Westminster Regional School District
- Athol-Royalston Regional School District
- Auburn Public Schools
- Berlin-Boylston Regional School District
- Blackstone-Millville Regional School District
- Clinton Public Schools
- Douglas Public Schools
- Dudley-Charlton Regional School District
- Fitchburg Public Schools
- Gardner Public Schools
- Grafton Public Schools
- Harvard Public Schools
- Hopedale Public Schools
- Leicester Public Schools
- Leominster Public Schools
- Lunenburg Public Schools
- Mendon-Upton Regional School District
- Milbury Public Schools
- Milford Public Schools
- Narragansett Public Schools
- Nashoba Public Schools
- North Brookfield Public Schools
- Northborough Public Schools
- Northbridge Public Schools
- Oxford Public Schools
- Quabbin Public Schools
- Quaboag Regional Public Schools
- Shrewsbury Public Schools
- Southborough Public Schools
- Southbridge Public Schools
- Spencer-East Brookfield Regional School District
- Sutton Public Schools
- Tantasqua Public Schools
- Uxbridge Public Schools
- Wachusett Public Schools
- Webster Public Schools
- West Boylston Public Schools
- Westborough Public Schools
- Winchendon Public Schools
- Worcester County Public Schools
The county is also home to the following regional vocational technical high schools:
- Assabet Valley
- Bay Path
- Blackstone Valley
- Montachusett (Monty Tech)
Colleges and Universities
The Worcester area is home to colleges and universities that offer programs ranging from undergraduate community college to medical school. These institutions include:
- Anna Maria College
- Assumption University
- Clark University
- College of the Holy Cross
- Dean College
- Eastern Connecticut State University
- Fitchburg State University
- Massachusetts College of Pharmacy and Health Sciences
- Mount Wachusett Community College
- Nichols College
- Quinebaug Middle College
- Quinsigamond Community College
- University of Massachusetts Medical School
- Worcester Polytechnic Institute
- Worcester State University
Federal Laws
Three federal laws – The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) – operate as the foundation for disability rights in the United States. The ADA is the broadest law, applying to all Americans and any building or organization open to the public.
Of the three, IDEA is the most specific. The law applies only to K-12 public education as well as pre-K and early intervention, referred to as Child Find. Both Connecticut and Massachusetts have Child Find programs. IDEA establishes Individualized Education Programs (IEP).
An IEP lists the types of services and accommodations students can access. To qualify for an IEP,
- The student must have a qualifying disability, and
- That disability must impact their ability to access their education
FAPE, Reasonable Accommodations, and LRE
These three terms regularly appear in discussions about disability rights in education. Families and students should be aware of them before any meetings with the school.
FAPE stands for free appropriate public education. The term refers to every child's right to a free K-12 education in the United States. When discussing disabilities, FAPE takes on an added meaning: namely, that a student has access to services and accommodations to allow them to benefit from their education.
Reasonable accommodations are the standard schools must meet to comply with federal law. Schools do not need to supply all possible accommodations or the most expensive or most effective. Schools do also not need to offer an accommodation that places an undue burden on the school or a member of the school community.
Finally, LRE, or Least Restrictive Environment, is the shorthand term for the policy of encouraging placement in general education classrooms and participation in the general school community as much as possible. The caveat is that the placement must be in a student's best interests and not place an undue burden on other members of the school community or limit another student's access to FAPE.
Neither reasonable accommodations nor LRE have a bright-line definition. Both depend on the situation and the various factors in play.
Massachusetts
Beginning in the 2023-2024 school year, Massachusetts unrolled a revised IEP process for the state. During IEP meetings, families should ask whether their district is using the new IEP.
School districts may also provide resources above and beyond information from the state and federal government. Harvard Public Schools, for example, has a range of resources on its website about qualifying for and using special education.
Connecticut
In Summer 2023, Connecticut released a draft of its 2023-2028 five-year plan. The purpose of the plan is to provide direction and vision for the state's education policy. The plan is designed for the overall educational system, but special education does have dedicated points within the plan. Goals that may be especially relevant to students with disabilities include:
- Having all students be part of the general school community as much as possible and when appropriate, i.e., encouraging placement in the least restrictive environment
- Increasing access to educational opportunities for students with disabilities
- Continuing summer enrichment and learning opportunities
- Creating safe learning spaces that support all students' emotional, physical, and academic well-being; the plan points out that students with disabilities are one of the groups more likely to face mental health challenges
- Supporting data-backed changes that address issues in educational outcomes and access
- Establishing a Special Education Call Center to assist families and students access resources and other information
These are just a few of the proposed changes. Some suggestions, such as better preparation for careers and the workforce, will benefit all students. These improvements can be useful for students with disabilities as they can access these programs without needing to include them on their IEP or in a transition plan.
This plan follows the state's revision of its IEPs. This newer version went into use beginning in the 2022-2023 school year. The Connecticut Department of Education's page on the new IEPs includes training programs and other resources. This information may be useful to parents or guardians before an IEP meeting.
State Guides
Both Connecticut and Massachusetts publish guides for special education within their states. Massachusetts and Connecticut also both have guides focused on IEPs. These resources are available for free via the states' Departments of Education. They cover everything from initial referrals and what to expect at IEP meetings to dispute resolution.
Student Rights in Colleges and Universities
College and graduate students with disabilities have fewer rights than their K-12 counterparts. For example, schools no longer must provide students with an IEP. Unlike K-12 education, individuals do not have a right to a college-level education. As college and graduate students are older, the general expectation is that they can advocate for themselves and require fewer legal protections.
Students still have a right to request accommodations at the college and university level. Each school sets its own procedures for how a student may request accommodations. Students who work on campus should be aware that accommodations as part of their employment may go through a different department than accommodations for coursework. College of the Holy Cross provides a good example of a standard college-level accommodation request.
At large universities, each school or graduate program may have its own procedures for accommodations. Umass Chan Medical School has an accommodations page for its students, which differs from the university's main page and for employee accommodations.
Fewer requirements do not mean students with disabilities are without protection. Disability is a protected class in the United States, meaning discrimination against members of that class is against the law.
Unlike K-12 education, the dispute resolution options in college are more open-ended. This is why college and graduate students turn to the Education Defense Team at the Lento Law Firm when they face discrimination in higher education. Given the stakes in getting a degree and how problems can affect a student's future and career, choosing the correct resolution option is crucial.
Dispute Resolution
Each state is responsible for administering its own K-12 dispute resolution program under IDEA. Any deviations states make from IDEA can only expand on the federal requirements and not reduce them. Parents in Massachusetts and Connecticut should consult their home state's guide on special education for their dispute resolution procedures..
IDEA requires the following dispute resolution options:
- Mediation, in which a neutral third party helps families and school districts work toward a resolution
- State complaint, which anyone can file if they believe a school district is violating either state or federal law
- Due process hearing, which is similar to a court case and both sides will present evidence and testimony
When possible, families should first schedule a meeting with a member of the school staff to see if they can resolve the problem. During these meetings, parents or guardians should ask questions to understand a school's decision and reasons.
Parents and guardians should also plan to explain their stance on a situation. As much as possible, parents or guardians should use facts and statistics to make their point.
If and when an initial meeting does not result in a successful resolution, the Education Law Team at the Lento Law Firm can help families determine their next step.
Protect Your Student's Education
Schools cannot discriminate against students with disabilities. While K-12 public schools have more obligations to their students, colleges and universities must still provide accommodations.
If and when schools fail in their obligations to students with disabilities, families and students do not have to simply accept inaction or discrimination. Whether under the ADA, IDEA, Section 504, or Massachusetts or Connecticut law, students have a right to enjoy their education free from discrimination.
The Education Defense Team at the Lento Law Firm works with families and students nationwide to find solutions with the goal of minimizing or lessening the disruption to a student's education. If you need help protecting your student's educational access, contact us online or at 888-535-3686.
