All U.S. students have a right to a free and appropriate public education, including students with disabilities. Federal law states that students must have an Individualized Education Plan (IEP) if they need one. The law applies to all K-12 students with disabilities, and special education or accommodations must be provided at no additional cost to the student or their families.
Most laws concerning IEPs are at the federal level and apply to all states. Most states have passed additional laws concerning IEPs and special education, however. They also have some flexibility when it comes to defining specific aspects of the program.
Students and families in Connecticut should be aware of state laws concerning special education and IEPs. It's important to know how these laws may affect your child's education, as well as the rights both you and your child have when it comes to getting a free and appropriate public education in Connecticut.
The Education Law Team at the Lento Law Firm can help you understand your child's rights to an education in Connecticut.
What Is an IEP?
An IEP is a personalized education plan developed for a single student that covers special education instruction, services, and support the child needs. IEPs are created by school instructors or officials in consultation with the student's parents. Once the IEP is created and you sign off on it, it should also be reviewed at least once per year to ensure it's still meeting your child's needs.
The federal law Individuals with Disabilities Education Act (IDEA) establishes the authority for IEPs and requires public schools to provide them to students with disabilities. In order to be eligible for an IEP, your child must have a diagnosed disability.
IEPs in Connecticut
In Connecticut, all students who receive special education or related services must have an IEP, and it must be reviewed annually. Schools should have a Planning and Placement Team (PPT) that helps identify children with disabilities and create IEPs for them. The PPT will hold a meeting with you to discuss and finalize the IEP, and then you will receive a copy of it five days after the PPT meeting. You should also receive regular progress reports to see how well your child is meeting the goals of the IEP.
An important thing to keep in mind regarding IEPs is that they can always be changed. Typically, there must be a PPT meeting beforehand to discuss the change, but in some cases, you and the district can agree to a change without a meeting. You can fill out and submit a form for an Amendment to the IEP if you want to make this kind of change to the IEP.
To be eligible for special education in Connecticut, your child must be between 3 and 22 years old. Under the IDEA and Connecticut laws, disabilities that are eligible for special education are:
- Autism
- Deaf-blindness
- Developmental delay (ages 3-5 only)
- Emotional disability
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (OHI)
- ADD/ADHD
- Specific learning disabilities (SLD)
- SLD/Dyslexia
- Speech or language impairment
- Traumatic brain injury
- Visual impairment
Conditions that impact your child's strength, vitality, or alertness with respect to the educational environment fall under “other health impairment.” Some examples include asthma, ADD/ADHD, diabetes, epilepsy, heart conditions, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia.
Transition Plans
If your child has an IEP in Connecticut, your district should start assessing and implementing a transition plan after your child's 13th birthday. The goal is to have a new IEP with a postsecondary emphasis in place by the time your child turns 14 (and before they begin high school). The IEP's focus will shift slightly to include goals related to training, employment, and independent living skills (if relevant to your child).
Some important things to know about IEP transition planning in Connecticut are:
- Students should be involved in transition planning as their interests and preferences must be incorporated into the IEP.
- The transition assessment should take activities like career exploration, job shadowing, or parent interviews into account.
- The postsecondary outcome goals included in the IEP should be goals the student accomplishes after finishing high school.
A 2023 education law in Connecticut required the creation of a transition services coordinator for the state, whose job is to oversee public schools' transition programs. Each school district must also designate a direct transition coordinator by 2024. The district transition coordinator has to complete transition training and ensure that parents of children with IEPs in grades six through 12 receive information concerning transition resources.
Your Rights as a Parent
When your child is enrolled in Connecticut public schools, you have certain rights as a parent regarding their education. Some of these rights include:
- You can request an evaluation for special education services at any time if you believe your child has a disability that is affecting their learning.
- You have the right to participate as an equal member in the PPT for your child concerning their special education services.
- You can request a PPT meeting to revise or review your child's IEP at any time. The district is required to have at least one PPT meeting per year.
- You have the right to invite advocates of your own choosing to be present at and participate in IEP meetings.
- You can invite your child to attend an IEP meeting if it's for transition services or considering postsecondary goals.
- You must give your written consent before your child is evaluated for special education for the first time, before their placement in special education, and before your child gets reevaluated. You can also revoke this consent at any time.
At the Lento Law Firm, our Education Law Team can help you and your child protect your rights. We can provide guidance as you deal with your child's school and their IEP.
The Difference Between 504 Plans and IEPs in Connecticut
If your child is identified as having a disability, you may have also heard of 504 plans. A 504 plan refers to section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against individuals with disabilities. This type of plan can be put in place for children with disabilities to give them accommodations or modifications at school. Disabilities that qualify students for a 504 plan can include:
- Physical conditions
- Learning disorders
- ADHD
- Mental or behavioral disorders
- Developmental delays
- Visual or auditory deficits
- Learning disabilities
504 plans aren't the same as IEPs; the two provide different services and have different requirements. Overall, 504 plans require less effort from schools than IEPs. A school is not required to include parents when creating a 504 plan, and there is no progress monitoring. Also, IEPs address a child's educational experience and create specialized instruction for them. 504 plans simply provide accommodations to a general education program.
Some schools in Connecticut only offer 504 plans because they require fewer resources than IEPs. Section 504 does not provide the right to free and appropriate public education like the IDEA does.
Common IEP Issues in Connecticut
Despite IDEA and Connecticut state laws in place to identify students with disabilities and provide them with the support services they need, there can be problems. Some things might fall through the cracks when it comes to special education and IEPs.
Your Student's Disability Isn't Identified
Sometimes, the most difficult aspect of special education services for school districts is properly identifying students with disabilities. If you have little or no experience with disabilities, you may not know what to look for in your child. If your kid never talks about their struggles at school, or their teachers don't inform you, you may have no idea your child needs an IEP.
As a parent, you have a right and responsibility to advocate for your child's education. You can request progress reports from their teachers or try to ask your child for more details to see if they are having difficulties. Remember, you have the right to request an official evaluation for special education services at any time, and the district must provide it at no cost to you. If this evaluation is denied or there are other issues with identifying your student's disabilities, you have due process rights you can pursue. You can also contact an IEP lawyer, such as the Education Law Team at the Lento Law Firm, to help you deal with the school district.
The PPT Doesn't Include the Right People
In Connecticut, each child should have a PPT if they are eligible for an IEP. This PPT should consist of the following people:
- The parents
- One regular education teacher
- One special education teacher
- School district representative with special education qualifications
- School psychologist, social worker, or guidance counselor
- The student (if they are old enough)
- Other individuals who have knowledge or expertise regarding the student, at the discretion of the parent and the school
- A paraprofessional, if one is assigned to the student
At least one individual in the PPT other than the parents and student must be qualified to interpret the results of the evaluation as well. If your child's PPT is missing any of these people or they do not seem to be qualified to sit on a special education panel, you have a right to complain. If schools lack adequate personnel for special education services, they might try to enlist the help of other individuals who have no business advising on your child's special education needs.
The PPT Doesn't Meet Often Enough
Federal law states that students with IEPs must be reevaluated at least once every three years. In Connecticut, the PPTs are responsible for reviewing IEPs, and state law says that the PPT must not meet more than once per year unless you or the district agree otherwise. The PPT must also meet before any significant changes are made to their special education placement or before the child is removed from special education services.
Once per year may not seem like much, and once per three years even less, but some schools still fail to meet these standards. If the PPT doesn't meet when it's supposed to, even after you've complained, you should contact a Student Defense legal team to help you. At the Lento Law Firm, our Education Law Team has helped students and parents in Connecticut and nationwide deal with IEP issues at their public schools.
The IEP Isn't Updated
The PPT may meet often enough and may “review” the IEP but fail to update it adequately. Once it's in place, it's easy for the school to simply leave it as is and assume that it's still meeting your child's needs. Children grow and change, and the special education needs they had when they were six years old may not be the same ones they had when they were nine years old.
If the PPT has failed to update the IEP or hasn't provided you with a written copy, you should take action. Hiring an IEP lawyer shows you're serious about your child's education—and the school may be more likely to take it seriously, too.
The School Doesn't Implement the IEP Properly
Having a written IEP is one thing; putting it into action is another. Your child's school has a legal obligation to reasonably accommodate your child's disability, and if they don't implement what's written in the IEP, you have a right to complain. As a parent, it can be tough to know for sure if the IEP is actually carried out since you don't spend all day with your child at school. You can still look for signs that it's being carried out or ask your child directly.
Remember, if you have concerns about your child's IEP, you can ask to have a PPT meeting to discuss it. If you still have issues even after this meeting, your next step might be contacting a legal team of Education Law attorneys, such as the Lento Law Firm.
Discipline and Special Education Students
Unfortunately, it's not uncommon for students with unidentified disabilities to receive disciplinary sanctions for behavior that is caused by their disability. Anything from time out and extra homework to detention or even suspension can be imposed on your student by misguided school officials. For this reason, it's crucial to identify your child's disability as early as possible.
If you don't, your child could suffer behavioral, academic, or even sexual misconduct sanctions that ultimately have a negative impact on their education. Some of these sanctions include:
- Loss of extracurricular privileges like choir, band, sports, or clubs
- Loss of honors, awards, or distinctions that motivate students to succeed
- Reassignment to different courses or teachers that result in significant and disruptive changes to your child's academic progress
- Out-of-school suspension that removes a student from their peers, teachers, and a familiar environment
- Alternative disciplinary placement in a non-traditional high school that has lower standards and treats your child like a delinquent
- Expulsion from school cuts your child off from their peers and friends
If you feel that your child has experienced disciplinary sanctions due to their disability, you shouldn't just accept the sanctions. You should challenge the school. Whether your child has an IEP in place or not, they don't deserve to forfeit their academic, social, mental, and emotional development because of a punishment they received at school. The sanctions listed above would have a huge impact on any student, whether they have a disability or not. To protect your child's education and ensure they get every opportunity they're entitled to by law, consult with an IEP lawyer, like the Education Law Team at the Lento Law Firm.
Your Child Has a Right to an Education
The goal of IEPs is to provide students with disabilities with the same opportunities to learn and succeed that students without disabilities have. When your school or district doesn't provide an IEP or doesn't implement it correctly—or disciplines your disabled student without taking their disability into consideration—you should take action.
When students face unfair sanctions, it has a profound impact on their growth and development. Not only should schools educate your child, but they should also help prepare them as they transition through all stages of childhood and eventually to adulthood. What takes place outside the classroom is just as important as what happens when class is in session. Teacher, peer, coach, and mentor relationships are vital for the healthy development of a young person. Extracurricular activities also help enrich a child's educational experience and teach them important skills in socialization, leadership, and teamwork.
When a student's time at school is interrupted due to sanctions, or they can't take advantage of the out-of-classroom opportunities that going to school usually has, it can be detrimental. Suspending a student with disabilities doesn't just prevent them from advancing academically; it harms their friendships and social life, too. Having an IEP in place can help prevent some of these sanctions or at least force school administrators to take your child's disability into account before imposing sanctions.
At the Lento Law Firm, we can help you fight for your child's right to a free and appropriate education and avoid excessive disciplinary action.
Do You Need an IEP Lawyer in Connecticut?
In Connecticut, there are many resources available to help parents with IEP issues. While the organizations that provide these resources can be helpful, you might find yourself in a situation that requires legal assistance. You have the right to advocate on your child's behalf, but you must also know relevant education and disability laws in order to truly hold your school district to account. While defending your child's rights is your job as a parent, you may also have other obligations in your daily life. You might work full time, and you still have to worry about meeting your child's basic needs. Starting a legal issue with a school district over an IEP problem can take up a lot of your time—it's not just attending meetings and speaking with school officials; it's also taking time to research and prepare your arguments for these meetings.
At the Lento Law Firm, we want you and your child to have the resources you need to fight a potential IEP issue. Our education attorneys are ready to help you in the following ways:
- Assess your situation and ideal outcome: We'll take stock of your circumstances and let you know what options are available and what solution you can reasonably expect. We can also advise you on which course of action to take based on your situation.
- Negotiate with school officials on your behalf: Often, IEP issues are resolved during negotiations with the school district. Your district most likely has a team of lawyers that help resolve these kinds of matters, and if you don't have legal experience, dealing with them can be intimidating.
- Accompanying you to meetings: One of our attorneys will be by your side at every meeting you have with your child's school or school district. We can help you prepare for these meetings beforehand and help you formulate responses to questions during the meetings.
- Starting litigation if necessary: If other options for resolving the IEP issue don't work out, you might have to file a lawsuit to get your desired outcome. Litigation is a serious option—we'll only advise it if we feel it's the best approach for your situation.
When you work with the Lento Law Firm to help resolve your child's IEP problem, you can rest assured that we will take care of everything for you. Your child deserves every chance to have a free and appropriate education, and we'll work to ensure they have it.
Call the Lento Law Firm for IEP Legal Help
If you believe your child needs an IEP or feel their school isn't implementing their IEP properly, our education lawyers can help. We've assisted families throughout Connecticut and across the nation with getting the special education services their children need. We can help you, too.
Call the Lento Law Firm today at 888-535-3686 to book a consultation. You can also fill out our form, and a member of our team will contact you.
