June 2008
What is special education and
who can receive it?
Referral to special education - the first step in receiving
special education
PPT meetings
Evaluations - what is an evaluation, what happens after the
evaluation is done; what can I do if I disagree with the evaluation, independent
evaluations
The IEP - Individualized Education Program - what it is, who develops
it, what should be in it
Placement - where will my child get special education, what
happens next, and more
Transition to Adult Life
Discipline - removal or suspension, change in placement,
expulsion
Manifestation Determination Meeting
My child might be expelled?
Do you disagree with the school about what is right for your
child? Read about Due Process Rights
Sample Letters
More information
"Special education" means specially designed instruction to meet the unique needs of a child with a disability. This may include special classes, programs, and/or services to help the child take part in the regular classroom curriculum. Special education is provided at no cost to the parents.
Children can continue to receive special education through the end of the school year in which he or she turns 21 years old, or graduates with a regular high school diploma, whichever happens first. Children who receive a GED can still get special education through the end of the school year in which they turn 21, in some situations.
Who can receive special education?Your child is eligible for special education if:
If your child is less than 3 years old and you are concerned about his or her ability to see, talk, hear, move, eat, or play, the State's early intervention system (the Birth to Three Program) can help. Call
Disabilities that enable a child to receive special education include:
Note:
Your child may have other problems that would make him or her eligible for special education. Do not hesitate to ask about special education eligibility.
Referral to Special EducationThe first step is to get a "referral to special education" which is a written request for an evaluation of a student. A group of people, called a Planning and Placement Team or "PPT" will review the referral. (The PPT is described in more detail later.)
A referral to special education may be made by:
The school must make a referral to special education for any child who has been repeatedly suspended or whose attendance, behavior, or progress in school is unsatisfactory. You may ask for a referral to special education if you believe your child has a disability but a referral has not been made by anyone else. You shouldn’t hesitate to ask for a referral!
Note: State and federal laws require school districts to find, identify, and evaluate all children with disabilities, including children who are homeless, migrant, wards of the state, or attending private schools.
You must ask for a referral to special education and an evaluation of your child in writing. You may write a letter (see Sample Letter A at the end of this pamphlet) or use your school district's referral form if they have one. Make a copy of your letter or form and then send it by certified mail or deliver it in person. If you deliver it, be sure to get a signed and dated copy from the person who accepts it.
Once a referral has been made, the school should schedule a Planning and Placement Team (PPT) meeting. All decisions about special education, including whether to evaluate your child, are decided at a PPT meeting. A PPT meeting is also known as an Individualized Education Program (IEP) meeting.
The PPT is a group of people who know your child's abilities. Parents are important and equal members of this team!
The PPT must include:
The PPT may include:
Note: If your child might have a "specific learning disability" (see below), the PPT must also include someone who is qualified to do individual diagnostic examinations (such as a school psychologist, speech-language pathologist, or remedial reading teacher).
PPT MeetingsA "specific learning disability" involves a child’s ability to understand language and could make listening, thinking, speaking, reading, writing, spelling, or math difficult. The child has difficulty because of how his or her brain processes information.
The school district must notify you in writing at least 5 school days before the meeting. The notice must tell you
You may agree to ignore (waive) the 5-day requirement and hold the PPT at a time that is convenient for you and the school.
If you cannot attend the PPT, you can ask the school district to reschedule the PPT for a time and place that would be better for you. The school district must try to schedule the PPT at a time and place that is convenient for you and the school.
If you still cannot attend the meeting, the school district must try to use other ways to have you take part, including individual or conference telephone calls.
If you do not attend the PPT meeting after the school district has tried to schedule it at a convenient time for you, the PPT may be held without you. The school district must still send you a full copy of any written reports within five days after the PPT.
At the first PPT meeting, the team will talk about the referral to special education. The team will look at information that is already available about how your child is doing in school and decide whether to evaluate your child more. If the school refuses to evaluate your child, it must let you know this decision in writing. You can challenge this decision by asking for "due process." (See below, Due Process Rights.)
The information the PPT looks at could come from:
An evaluation is a way to gather important information about your child from different sources (including you). The evaluation will help you and the school make important decisions about your child's education. It should look at your child's strengths and needs and how your child is functioning and developing in all areas of suspected disability.
All evaluations are confidential and may not be shared with anyone outside of the team unless you give your written consent. All evaluations should be done at the school’s expense. You do not have to use your insurance to pay for evaluations, and, usually, you should not agree to do so.
All assessments and other evaluation materials must
Written consent for evaluation needed. The school must get your written permission before it can evaluate your child. You do not have to give your permission if you do not want your child evaluated. In this case, the school cannot evaluate your child unless a hearing officer decides it should be done. (See below, Due Process Rights). Before you sign the consent form, read it carefully and ask any questions you have about the tests or procedures being recommended.
After the evaluation is done, another PPT meeting will be held to review the results and decide whether your child has a disability and is eligible for special education.
You have the right to have your child evaluated by a person who does not work for the school if you disagree with the school’s evaluations. (This includes disagreeing with a decision that your child does not have a disability.) This evaluation is called an independent educational evaluation. The school district may ask you why you disagree with its evaluation, but you do not have to explain yourself. When the independent evaluation is done, another PPT meeting will be held to review the independent evaluation. The school district must consider the results of the independent evaluation, but it does not have to agree with the independent evaluator's results or recommendations. The results may be used as evidence at a due process hearing. (See Due Process Rights later in this pamphlet.)
The school district must pay for the independent evaluation without delay unless it asks for a due process hearing. If a due process hearing is held, the school district must prove that its evaluation was appropriate. The hearing officer will either decide the school's evaluation
After you ask for an independent evaluation, you should ask the school to give you a list of qualified independent evaluators. (They must give you this list if you ask for it.) You do not have to choose from the school district's list as long as the evaluator you choose is qualified. You also might want to talk with the agencies at the back of this pamphlet for suggestions.
If you moved out of the school district before the old school could decide if your child has a disability, the 45-day time limit does not apply if the new school district is trying to finish the evaluation without delay. The best thing to do is to talk with the director of special education to see if you can both agree to a specific time when the evaluation will be finished.
The Individualized Education Program (IEP)The next step is to create a plan for your child's education. This written plan is called an Individualized Education Program or IEP. You are a very important member of the team that develops the plan. The IEP meeting has two general purposes:
The Planning and Placement Team develops your child's IEP. Remember, you are a very important part of the team -- you know your child well and your input, thoughts, and concerns are needed! As with other PPT meetings, if you cannot attend, you can ask the school to reschedule it for a time and place that would be better for you. If you cannot agree on a time or date, the school may still hold the IEP meeting without you. The school must give you a written report.
One of the most important things you can do for your child is to take part in his or her education. You may find it helpful to prepare for the meeting by following these suggestions:
The IEP should include all of the specific services your child needs. It is very important to make sure that it does! At a minimum, an IEP must include:
(1) Present level of performance. A description of how your child is doing now in school, including educational and functional levels and strengths and special needs. (Functional means skills that are not academic but are routine activities of everyday living, such as eating, toileting, etc.).
(2) Annual goals. A statement of the annual goals for your child (meaning what you and the team think your child can accomplish in the year). The goals must be measurable and show what is expected of your child in specific subjects.
(3) Evaluation procedures. A description of the evaluation procedures that will be used to decide if the annual goals are being met. It must include the schedule that will be followed to decide if the goals are being met.
(4) Special education and related services. A description of all the special education and related services that will be given to your child. This list includes physical and vocational education; nursing services; monitoring and maintenance of medical devices needed to keep your child safe and healthy; interpreting services (including sign language); assistive technology; and transportation. "Related services" might include parent counseling and other services for parents.
(5) Participation in regular education. A description of how much of the school day your child will take part in the general education curriculum (for example, reading, math, science), regular education classes, or extra-curricular and nonacademic activities (such as lunch and clubs). It must include a description of how these programs will be modified or changed to meet your child’s needs.
(6) Settings, providers, dates, etc. A list of the instructional settings (for example, regular class, resource room, etc.); the people who will work with your child; the start and end dates of the services, how often they will be given, and how long each session will last. Note: IEPs should begin right after they are prepared, even if they are prepared near the end of a school year.
(7) Length of the school day and year. A list of changes your child needs to the length of the school day or year. These services may include an Extended School Year (ESY), summer school, or services before and/or after school.
(8) State and district-wide tests. A list of changes or accommodations your child needs when taking state or district-wide tests, such as the Connecticut Mastery Tests. If the team decides your child will be assessed in a different way, the IEP must state the reasons for the alternatives.
(9) Transition goals and services. A list of any transition services your child needs.
PlacementYour child’s special education program may be given in:
The law says that a child must be placed in the “least restrictive environment.” This means your child should stay in the regular classroom unless the team decides that even with special additional aids and services, your child cannot be successful there. Support services might include (but are not limited to) an aide in the classroom, use of computers or other assistive technology, or changes to the regular education curriculum.
Remember, the school district is responsible for paying the full cost of the special education program and related services that the PPT recommends.
After your child has been placed in a special education program, a PPT meeting must be held
The school must notify you in writing every time a PPT meeting is scheduled. And, the school must give you a copy of "Steps to Protect a Child's Right to Special Education: Procedural Safeguards" once each school year, when your child is first referred for special education, and whenever you ask for one.
You and the other team members will meet and talk about your child's progress towards the goals and objectives in the current IEP and develop an IEP for the next year. The team should consider your child's strengths, any concerns you might have, the results of any evaluations, any behaviors that interfere with your child's learning, and any communication or assistive technology needs.
Generally, your child's IEP will not be changed without a PPT meeting. However, if you and the school agree that changes need to be made to the IEP, but a PPT meeting is not needed, the IEP can be changed without a PPT meeting. In this case, make sure that any changes to your child's IEP are put in writing and given to all of the team members. You should always ask for a copy of the revised IEP for your records, too!
The PPT members must include:
Note: A PPT member may be excused from attending some or all of the PPT. To excuse a member, you and the school district must agree in writing that the team member does not need to be there
The PPT members may include:
Yes. Your child must be re-evaluated
And, you may ask that your child be re-evaluated if you believe your child’s educational performance is unsatisfactory. If you ask for a re-evaluation more than once during a school year, and the school does not agree that it is needed, the school must give you a written notice that it refuses to do the evaluation. You can challenge this decision through "due process."
Transition to Adult LifeThe PPT must develop a plan to help your child be prepared for life after school. This written plan, called an Individual Transition Plan (ITP), is developed at the annual PPT following your child’s 15th birthday (or younger, if appropriate). If your child is involved with an adult agency such as the Department of Developmental Services (DDS) or the Bureau of Rehabilitation Services (BRS), a representative or your child's case manager from that agency should attend the meeting.
Individual Transition Plan (ITP)
The ITP must be based on your child's needs and take into account his or her preferences
and interests. The ITP must include:
Summary of Performance
Before your child graduates with a regular high school diploma or finishes the school year
when he or she turns 21, the school must give you a report called a Summary of
Performance. It will include:
Yes, but there are limits on how the school may discipline a child with a disability. Generally, the school may remove a child with a disability for up to 10 school days if the child does not follow the school rules (or "code of student conduct"). Children with disabilities get extra protections once the removal reaches 10 days or it is found that the child's behavior was caused by the disability. A child with a disability must be treated the same as a child without a disability who breaks the same rule, unless
EXCEPTION .... Weapons, Illegal Drugs, or Causing Serious
Injury
Your child may be moved to a different educational setting
(called an interim alternative educational setting or IAES) for up to 45 days (even if the
disability caused the behavior) if your child
Removal or suspension for up to 10 school days:
Your child may be
The school only has to give educational services if the services are given to a child without a disability who has been removed in the same way. A child who is removed from school must be given a chance to complete missed classwork including examinations.
Removal or suspension for more than 10 school days:
For a child in special education, a removal or suspension for more than 10 school days is
considered a "change in placement", which means the
following things must happen:
(1) The school district must give your child educational services so he or she can keep
working toward the goals written in the IEP. The educational services do not have to be at
the school.
(2) The PPT must meet to decide if your child's behavior is related to his or her
disability. This meeting is called a manifestation determination
(see below).
(3) The PPT must meet to decide if your child's behavior was because the IEP was not
implemented.
A "change in placement" is when a child is removed from school:
The parents, other members of the IEP team, and other school staff attend the manifestation meeting. As with PPT meetings, you may invite a professional or a friend to support you. The team members must consider all information that is in your child's file or any other information you give them, teacher observations, and your child's IEP and placement.
The PPT must decide whether your child's behavior
This meeting must be held within 10 days of the decision to change your child's placement. The school must send you written notice of this meeting 5 days before the meeting. The manifestation determination meeting is important, so if you are busy at the time of the meeting, you have a right to call the school and ask them to reschedule it for a time when you can be there. The school must also give you a copy of the procedural safeguards notice which tells you about your right to due process. (See below, Due Process Rights.)
If the team decides your child's behavior IS NOT manifested by (connected to) his or her disability:
If the team decides your child's behavior IS manifested by (connected to) his or her disability, the team must:
You may ask the team to re-evaluate your child to decide if the assessment and plans stated above are appropriate.
NOTE: If your child is repeatedly suspended or removed from the classroom, you should ask the school to hold a PPT. Your child should never be suspended for more than 10 days in a school year without a PPT being held! If you disagree with any decision regarding your child's educational placement or with the manifestation determination, you have the right to ask for an expedited due process hearing. (See "Expedited", below.)
ExpulsionIf your child is threatened with expulsion for any reason, you should talk to a lawyer right away! If you are low income, call Statewide Legal Services at 1-800-453-3320. Statewide Legal Services may give advice over the phone, mail you information or refer you to a legal services office or a private attorney at no cost to you. Also, the school must give you an expulsion notice which tells you where and how you can get free or low-cost legal help.
First, a manifestation meeting should be held. If the team decides that your child’s behavior was not caused by your child’s disability, an expulsion hearing will probably be scheduled. (Note: If your child was not eligible for special education when he or she broke the rules, you may ask for a manifestation meeting if the school had knowledge that your child had a disability before the misbehavior happened).
Second, if you do not agree with the team's decision and you ask for due process, the expulsion hearing should not take place. Your child should stay in his or her current placement until due process is completed. However, if the school district believes that keeping your child in the current placement will probably result in injury to your child or others, it may ask for an "expedited hearing." (Also see Expedited, below.)
Note: If your child is involved in weapons, drugs, or seriously hurts someone, he or she may be placed in a different educational setting even if due process is started. (See Exception, above)
Once your child’s suspension is over, even if the school decides to hold an expulsion hearing, your child must be allowed to go to school until your child is officially expelled at an expulsion hearing.
Once your child is expelled, it will be very hard for your child to attend another school even if you move to a different school district. Therefore, try to talk to a lawyer right away!
If your child is expelled,
You have the right to disagree with the school's decisions about your child including his or her
If you disagree, you and the school should first meet and talk about your concerns and try to come to an agreement. If you still disagree after trying to work it out, there are other ways to resolve the disagreements, including:
Complaint Resolution Process
The complaint resolution process starts with a written complaint to State Department of Education where you claim (allege) that the school violated a federal or state special education law. Most complaints are about the school violating procedures, such as not meeting specific timelines, not following the required procedures for PPT meetings, or not holding a PPT meeting when requested.
After you send a complaint, a Bureau of Special Education worker will:
Mediation
Mediation is a voluntary way to settle a dispute between the parents and the school. The State Department of Education will appoint a “mediator” (an impartial person) who will try to help you and the school come to an agreement.
The mediator first meets with both you and the school at the same time to hear about the disagreement. The mediator then meets with each party separately to try to help you reach an agreement.
If you and the school can reach an agreement, the agreement is put in writing and signed by both parties. Once signed, the agreement becomes a legally enforceable document.
If you and the school cannot reach an agreement, you still have other due process rights, such as asking for a due process hearing to resolve the problem.
Everything discussed in mediation is confidential and cannot be used in any future hearings.
You and the school must ask for mediation in writing by using the school district’s form or writing a letter. (See Sample Letter E at the end of this pamphlet.)
Due Process Hearing
A due process hearing is a meeting where an impartial hearing officer decides how to resolve the disagreement.
Both you and the school present evidence in the form of records, evaluations, and witness testimony. At the end of the hearing, the hearing officer will write a decision on his or her findings and conclusions.
It is best to speak with a lawyer before you ask for a due process hearing. You must ask for the due process hearing in writing and include specific information. You must ask for a due process hearing in writing within two years of the date that you knew of the disagreement or problem. (See Sample Letter C.)
During a due process hearing, unless the school district and the parents agree otherwise, your child must stay in his or her current educational placement. This is called the “stay put” placement and applies from the time the hearing is requested until all hearings and proceedings are finished or settled. Exception to "stay put" placement: If your child is placed in a different setting (an interim alternative educational setting), your child would stay in that setting for 45 days or until the hearing officer makes a decision (whichever happens first).
You or the school district can appeal to either the Federal District Court or the State Superior Court.
Advisory Opinion
An advisory opinion is a way to help you and the school district decide whether it would be best to have a full due process hearing or to try to settle your dispute through mediation. The advisory opinion process is voluntary and can only happen if both you and the school agree to take part in it. It is only available after you have asked for a due process hearing.
A hearing officer will meet with you and the school at a time and place that is convenient for all. The meeting is confidential. After this meeting, the hearing officer will give an oral opinion. The opinion will not be in writing and it is not legally binding. Both you and the school:
To ask for an advisory opinion, use Sample Letter D or a school form if it has one.
Expedited Due Process Hearing
An expedited due process hearing is like a regular due process hearing except it is held more quickly. You or the school district can ask for a due process hearing to be expedited when there is a disagreement about:
your child's removal from school because of discipline problems, including what is decided at the manifestation determination meeting;
the appropriateness of an Interim Alternative Educational Setting (IAES);
whether your child may be placed in an IAES; or
whether your child may return to his or her original school placement at the end of a 45-day IAES. (See Discipline section above.)
Name of parent or adult student
Address
Telephone number
Today's Date
Name of School Principal, or Director of Special
Education, or Director of Pupil Personnel;
Address
Dear ________________________:
I request that (your child's name), (his or her date of birth), who currently attends (name of school), be evaluated for special education. I am requesting an evaluation because (the reason you are asking for an evaluation).
Please contact me at the above number to schedule a mutually convenient date and time for a PPT meeting.
Sincerely,
(Parent or adult student's signature)
Name of Parent or Adult Student
Address
Telephone Number
Today's Date
School Principal
Address
Dear ______________________:
Please send me one copy of all of the school records of (your child's name), (his or her date of birth), as provided by Section 10-76d-18(b), Regulations of Connecticut State Agencies and 20 USC 1232(g).
Please include any evaluations, attendance records, and/or disciplinary records which exist regarding (your child's name).
I look forward to receiving a copy of the records within 5 days, as required by the above regulations.
Sincerely,
(Parent or adult student's signature)
Name of Parent or Adult Student
Address
Telephone Number
Today's Date
Connecticut State Department of Education
Bureau of Special Education
Due Process Unit
P.O. Box 2219, Room 359
(Fax #: 860-713-7153)
Hartford, CT 06145-2219
Dear __________________
I request an impartial hearing concerning (insert your child's name and date of birth), who is currently within the jurisdiction of the (insert name of school district) and attends (insert name of school).
I attended an IEP meeting on (insert date of the meeting at which you and the school district did not reach an agreement).
The issue(s) in dispute are as follows: (List all the school district's actions and/or IEP meeting decisions with which you disagree)
I suggest the following resolution to the dispute: (List what changes you would like to have happen for your child's school program).
Sincerely,
(Parent or adult student's signature)
cc: (insert name of Director of Special Education)
Name of Parent or Adult Student
Address
Telephone Number
Today's Date
Connecticut State Department of Education
Bureau of Special Education
Due Process Unit
P.O. Box 2219, Room 359
(Fax #: 860-713-7153)
Hartford, CT 06145-2219
Dear __________________
We request an advisory opinion. We understand that both parties must agree to an advisory opinion and that we are not required to pursue an advisory opinion prior to requesting a due process hearing.
____________________________
_________________
Parent Signature
Date
_____________________________
_________________
School District Representative Signature
Date
Both parties are available on the following dates: (list two dates) _______________ ________________
We understand that one of these dates will be selected for the advisory opinion.Name of Parent or Adult Student
Address
Telephone Number
Today's Date
Connecticut State Department of Education
Bureau of Special Education
Due Process Unit
P.O. Box 2219, Room 359
(Fax #: 860-713-7153)
Hartford, CT 06145-2219
We request mediation concerning (child's name and date of birth), who is currently within the jurisdiction of the (name of school district) and attends (name of school).
An IEP meeting was held on (date of the meeting at which you and the school district did not reach an agreement).
The issue(s) in dispute are as follows: (List all of the actions and/or IEP meeting decisions with which the parties disagree).
We understand that a mediation must be held within thirty (30) days of this request. We would be available for mediation on the following mutually agreeable dates: (List 3 dates.) ________ ________ ________
______________________________
_________________
Parent Signature
Date
______________________________
_________________
School District Representative Signature
Date
Parent’s phone : _______________________
District phone:
_________________________
Parent’s fax : _________________________
District fax:
___________________________
For more information: Statewide Legal Services: (860) 344-0380 (Central CT & Middletown) 1-800-453-3320 (All other regions)
This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.
The information in this pamphlet is based on the laws in CT as of June 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.
Copyright: June 2008 www.larcc.org