Education Law

Deliberate Indifference Required for School to be Liable under Title IX for Student-Student Harassment

In a New York District decision earlier this year, a student’s cause of action under Title IX of the Civil Rights Act against the Monroe-Woodbury School District was denied because it did not show deliberate indifference in response to the student’s claim of student-to-student sexual harassment.[1] Parents on behalf of their fifteen year old daughter… Read more


New Connecticut Special Education Law

Posted on by S.Maya

Connecticut Public Act No. 08-160, An Act Concerning School Learning Environment, is of interest to parents of school age children and, in particlular, parents of children with special needs. Two of the major changes that are enacted are (1) all suspensions starting July 1, 2009 are in school suspensions unless it is determined that the student is dangerous… Read more


Connecticut & Federal Statutes – Special Education

State Statutes: Connecticut General Statutes § 10-76 et seq. Connecticut General Statutes §10-233d(i) Connecticut General Statutes § 4-183 Federal Statutes: IDEA (Individuals with Disabilities Education Act), 20 U.S.C. § 1401 et seq. Section 504 of the Rehabilitation Act of 1973, 34 C.F.R. Part 104. Read more


Special Education Law – Relevant Terms

Applied Behavior Analysis (“ABA”): An intensive, structured teaching program in which behaviors to be taught are broken down into simple elements. Each element is taught using repeated trials where the child is presented with a stimulus; correct responses and behaviors are rewarded with positive reinforcement, while when incorrect responses occur, they are ignored and appropriate… Read more


What if the school gets it wrong?

As the parent of a special education student, you have the right to, and should, participate fully in your child’s PPT meetings. Continue reading → Read more


Re-evaluations, revisions to IEP and transition to post-secondary, adult life

Each student identified as special education eligible must be re-evaluated at least once every three years, but not more than once per year (unless the student’s parents and the school district agree that more frequent re-evaluations are needed). Continue reading → Read more


Placement in appropriate programs

Special education students are entitled to a free appropriate public education (otherwise known as “FAPE”), that must be tailored to the individual student. However, schools are not required to provide optimum programming – just “appropriate” programming. One federal judge has likened the difference between optimum and appropriate programming to that between a “Cadillac” and a… Read more


Development of IEP

The IEP is an individualized educational program developed by you and your child’s planning and placement team. It is based upon the evaluations of your child discussed above, and tailored to his or her individual special education needs. Each student’s IEP is reviewed and updated at least once each year, and the importance of its… Read more


Special Education Evaluation and Identification

Children identified as having disabilities have different rights from other students. Accordingly, the identification process is a very important step. It begins with a referral sent to the student’s school district – specifically, a written request for an evaluation of whether the child is eligible for, and needs, special education services. This request can be… Read more


3 Fairfield students promise legal action for discrimination

FAIRFIELD — Three minority students at Fairfield High School – arrested after a brawl last February in the school’s parking lot –plan to sue the town, claiming they were singled out for arrest because of their race and ethnicity. Continue reading → Read more


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