Under the laws of the United States, all children qualify for a free public education throughout their K-12 years. In order to provide comparable opportunities for each and every student, additional resources may be required for students with disabilities, including accommodations, services, and support. These resources are generally referred to as special education.
In Connecticut, more students are being placed in special education now than at any time in the last 20 years. Between the years of 2007 and 2019, total enrollment in the state declined by 47,000 students. However, during the same time period, Connecticut's special education program actually gained nearly 16,000 students. The ratio of students with disabilities to non-disabled students is shifting, making it more important than ever for parents to understand the educational support their child is entitled to.
While federal and state laws dictate school requirements in regard to special education, not all districts are the same. Location, size, and budget constraints can all play a role in the support a student with disabilities receives.
Just as the districts face unique challenges, so do the students who benefit from these programs. Often times, these services are applied as though every child with a certain disability has the same needs, when this could not be further from the truth. Special education should cater to the needs of the individual student and not assume there is a one-size-fits-all accommodation.
If a parent or guardian of a student with disabilities feels that their child's school district is not providing necessary support, it would be in their best interest to contact experienced legal counsel. The Lento Law Firm's Education Law Team knows how challenging these cases can be for the families involved and will work to find a suitable solution. Call 888-535-3686 or complete our online form to get started today.
Defining Special Education
Special education refers to the process of educating students who learn differently than the majority. This includes a wide range of mental or physical disabilities, including social skills. Not every student with a disability will require the school to provide specific accommodations, but every student who needs support must be given reasonable access to it.
Legally Speaking
A number of laws are on the books to help codify special education in the United States. The most prominent are:
- The Americans With Disabilities Act (ADA) was passed in 1990 and is meant to prevent any unfair discrimination against people with disabilities. The ADA has a broad application, applying to Americans of any age in a number of circumstances. This includes students with disabilities in public schools.
- The Individuals With Disabilities Education Act (IDEA) is a federal law that more directly addresses disability rights as they relate to K-12 education. The purpose of IDEA is to increase the educational standard for students with disabilities and to provide an education suited to each student's individual needs. A main component of this is an Individualized Education Plan (IEP), which compels districts to create a document outlining the necessary support for each qualified student with disabilities.
- Section 504 of the Rehabilitation Act of 1973 is a civil rights law that outlines anti-discrimination requirements for people with disabilities. Section 504 is responsible for introducing Free Appropriate Public Education (FAPE), which ensures that schools must provide the same education to all students regardless of any disabilities they may have.
Terms Related to Special Education
In addition to the laws and terms above (namely IEPs and FAPE), here are two more special education terms to be familiar with:
- Accommodation is a term that comes from the ADA. It refers to the need for educational institutions to make reasonable adjustments or modifications to the curriculum or environment in order to give students with disabilities an equal path to success. This could apply in many ways. Modified seating charts, more time on assignments, and bringing in a sign language translator for a Deaf student are all accommodations that could fall under this clause.
- Least Restrictive Environment (LRE) is a term introduced by the IDEA that requires schools to make efforts to educate students with disabilities in the same classes as non-disabled students. Moving a student to a special class or school is only permitted if the general learning environment is not adequately meeting the needs of the student with disabilities. Typically, the LRE is determined during the creation of the student's Individualized Education Plan.
For families of students with disabilities, all the acronyms and jargon may get somewhat confusing. The Education Law Team at the Lento Law Firm is well-versed in the federal and Connecticut laws that govern special education and can help guide parents and guardians to a better education for their students with disabilities.
Who Qualifies for Special Education in Connecticut?
Earlier this year, the Connecticut Legislature passed Public Act No. 23-137, which raises the maximum age of students who qualify for special education. Beginning in the 2023-2024 school year, students between the ages of 3 and 22 are eligible for special education support, provided they have one or more of the following disabilities:
- Autism
- Blindness
- Deafness
- Developmental delay (3 to 5 years old in Connecticut)
- Dyslexia
- Emotional disturbance
- Hearing impairment (hard of hearing)
- Intellectual disability
- Orthopedic impairment
- Amputations
- Cerebral palsy
- Congenital anomalies
- Other health impairment
- Asthma
- Cancer diabetes
- Epilepsy
- Heart condition
- ADD/ADHD
- Specific learning disability
- Brain injury
- Developmental aphasia
- Perceptual disabilities
- Speech or language impairment
- Traumatic brain injury
- Visual impairment (partial sight)
Connecticut's requirements in this area are in line with those put forth federally under Part B of IDEA. The student's disability must adversely affect their educational performance and will be reevaluated every three years.
What Is a Planning and Placement Team?
As they look to enroll in special education, each child is granted a group that determines what their educational plan will look like. In Connecticut, this is called the Planning and Placement Team (PPT). The people who are a part of the PPT are:
- The parent or guardian of the student in question
- A special education teacher
- A teacher who instructs general classes
- A qualified representative of the school district
- A school psychologist, social worker, or guidance counselor
- Someone who understands how the evaluation results will transfer to the educational environment (may be the same person as one of those previously listed)
- The paraprofessional assigned to the student (if applicable)
- Other individuals with specific expertise (if applicable)
- The student with a disability (if helpful)
If the parent and the school district agree that one or more of these people are not necessary to build a proper plan for the student, they may omit them from conversations as long as both parties put the decision in writing. For example, a student with disabilities may only take special education classes, which would make the involvement of a general instructor unhelpful.
What Is an Individualized Education Program?
Once a student is deemed eligible for special education services, the next step is to create and develop an Individualized Education Program (IEP). IEPs are important written documents that ensure the specific needs of a child are met at every step throughout their education.
The entire point of an IEP is that it will vary from student to student, but there are key elements that will be present. These include:
- The student's current academic capabilities and performance
- Measurable and achievable academic objectives
- Clear parameters surrounding performance evaluations
- How frequent (or infrequent) the student will participate in general education classes
- Accommodations the student needs in order to participate in general classes
- Any physical support that the student requires (such as transportation)
- A list of specific people who will be working with the student
- The date range that support and services will begin and end
- Determinations about the student's level of participation in state-wide testing
- Any alternative testing suggestions
In Connecticut, an IEP is created and maintained by the student's individual Planning and Placement Team. The PPT is required to meet at least once per year to review and revise the IEP as needed. The parents of a student with a disability are permitted to record these meetings.
How Does Connecticut's Birth to Three System Relate to Special Education?
If a Connecticut child has a disability present before the age of three, they may have already enrolled in the state's Birth to Three System. This program operates similarly to special education services but is specific to children with disabilities who are not yet old enough for school. The main difference between Birth to Three and special education is that the former puts a heavy focus on helping the child in the context of their family. Special education, on the other hand, is used to support the child with access to quality and appropriate education.
The good news for Connecticut parents is that the transition from Birth to Three to special education is generally smooth. Birth to Three has something called an Individualized Family Service Plan (IFSP), which is functionally close to an IEP. The child's Birth to Three service provider is federally required to be invited to the initial PPT meeting. As an expert who knows the child with disabilities personally, they can be a great resource when creating the student's first IEP.
Where Will a Student With Disabilities Be Placed?
Connecticut adheres to the federal standard by placing students with disabilities in the Least Restrictive Environment. Most times, this is in a public school among the general student body and in regular classes. However, this is not always in the best interest of the student. Depending on the nature of the student's disabilities, the better option may be an alternative placement in a school outside the district. Ultimately, the PPT will determine what they feel is the LRE for their student.
Connecticut has a number of private special education programs that are tailored to students with disabilities. These schools have been approved by the Connecticut Bureau of Special Education. Some of the most recognized are:
- Adelbrook Academy (Cromwell, Manchester)
- American School for the Deaf (West Hartford)
- Aspire Living and Learning Academy (Naugatuck, Stamford, and Trumbull)
- Benhaven Academy (Wallingford)
- Elizabeth Ives School for Special Children (North Haven)
- The Foundation School (Milford, Orange)
- High Road School (Danielson, Hartford, Norwalk, and Wallingford)
- Hubbard Day School (Stamford)
- The Light House (East Lyme)
- Milestones Behavioral Services (Milford, Orange)
- Natchaug School (Enfield, Franklin, Killingly, Mansfield, Norwich, and Old Saybrook)
- Oak Hill School (Avon, Bristol, Haddam, Hartford, Hebron, New Hartford, Plainville, and Portland)
- Prism Academy (Berlin)
- Solterra Academy (New Britain)
- The Speech Academy (Easton, Somerville)
- St. Vincent's Special Needs Services (Trumbull)
- Waterford Country School (Waterford)
- Yale Child Study Center School (New Haven)
If a student with disabilities is placed in a private special education program like the ones above, they still retain all the rights that they would have in an in-district school. The student's IEP will likewise be followed in the private facility.
Keep in mind that the student's education will only be free under FAPE if the district agrees to the placement. If a parent chooses to place their student with disabilities in a private facility of their own accord, they will be required to pay the costs associated with their child's schooling. Sometimes, parents take these measures because they disagree with the school district's approved IEP. In those cases, a due process hearing may be called by the parent to make their case that the district's evaluation was insufficient and seek reimbursement. As with any sort of legal hearing, it's best to tackle it with an experienced legal team by your side.
All Students Have the Right to a Free Education in Connecticut
If you are the parent or guardian of a student with disabilities, you are probably used to going to bat for your child. In the world of Connecticut special education, intersecting federal and state laws can make it confusing to know exactly what public school districts are required to provide.
At the Lento Law Firm, our Education Law Team helps families throughout the country navigate complicated special education laws to ensure their student with disabilities gets the support they are entitled to. For a consultation, call us at 888-535-3686 or fill out our online form.
