A Parent's Guide to Connecticut School Law- Part 1

I. Introduction

    This is not a law book. In fact, it is not even a book. It is an “owners’ manual” for parents of children attending Connecticut public schools in grades K-12. It is the authors’ hope and expectation that this manual will not gather dust on a bookshelf. It is intended as a practical (but comprehensive) reference and, over time, to become dog-eared, coffee-stained, and perhaps even tear-stained, as parents and students together navigate the inevitable vicissitudes of public school education.  
    We have sought to address those particular issues most likely to confront students and therefore be of concern to parents. We have eschewed discussion of esoteric areas of education law that do not necessarily rise to the level of parental “need to know.” This is intended to be a reassuring reference for when parents and students require the educational essentials.  
    As parents, many of the lawyers at Maya Murphy, P.C. have experienced first-hand in their own families the ever expanding intersection of educational policy and rule of law, and the conflicts that sometimes result. As educational attorneys, we have an in-depth understanding and appreciation of the respective rights and obligations of students and school administrators. Through training and experience we are especially qualified to act as knowledgeable advisors and zealous advocates to protect student rights and thereby preserve (at least to the extent evolutionarily possible) parents’ peace of mind. This manual will assist you in understanding pertinent “school law,” identifying and illuminating particular issues as they may relate to your children, and, most importantly, point you to Maya Murphy, P.C. as a ready and available resource to best serve you and your children.
    This work is collaborative in every respect. But special recognition must be given to the extraordinary leadership of Joseph C. Maya, Esq., and the exceptional research and writing skills of our law student interns, Steven Ching and Paul Rutigliano. 

II. No Child Left Behind

    One of the legislative centerpieces of Federal Education Law is “The No Child Left Behind Act of 2001” (“NCLB”). The Act is 670 pages in length and almost as controversial as it is long. Therefore, parents should be familiar with at least its stated purpose and general provisions. NCLB does not, however, give parents the right to sue on behalf of their children.
    NCLB funds Federal programs established by the U.S. Department of Education aimed at improving the performance of schools throughout the 50 states by imposing greater accountability on public schools, expanding parental choice in the school attended by their child, and placing increased emphasis on reading and math skills. NCLB has as one of its focal points improvement of schools and school districts serving students from low-income families.
    The theory underlying enactment of NCLB was that improved educational programs would enable students to meet challenging state academic achievement standards and thereby achieve their full potential. Among other areas, the Act funds programs and resources for disadvantaged students, delinquent and neglected youth in institutions, improving teacher and principal quality, use of technology in schools, and fostering a safe and drug-free learning environment. One source of controversy is the fact that NCLB allows military recruiters access to the names, addresses, and telephone listings of 11th and 12th grade students if the school provides that information to colleges or employers.
    More specifically, NCLB requires states to strengthen test standards, to test annually all students in grades 3-8, and to establish annual statewide progress objectives to ensure that all students achieve proficiency within 12 years. There are no Federal standards of achievement; each state is required to set its own standards. Test results and state progress objectives must be stratified based upon poverty, race, ethnicity, disability, and English proficiency to ensure that “no child is left behind.” Schools and school districts that fail to make “adequate yearly progress” are subject to corrective action and restructuring. Adequate yearly progress means, for example, that each year a school’s fourth graders score higher on standardized tests than the previous year’s fourth graders. 
    Once a school has been identified under NCLB as requiring improvement, corrective action, or restructuring, local school officials must afford its students the opportunity (and transportation, if needed) to attend a better public school within the same school district. Lowincome students attending a “persistently failing school” (i.e., one failing to meet state standards for 3 out of the 4 preceding years) are eligible for funding to obtain supplemental educational services from either public or private schools selected by the student and his parents. Under-performing schools are highly incentivized to improve if they wish to avoid further loss of students (and an accompanying loss of funding). A school that fails to make adequate yearly progress for five consecutive years is subject to reconstitution under a restructuring plan.
    Simply stated, NCLB provides states and school districts unprecedented flexibility in their use of federal funds in return for more stringent accountability for increased teacher quality and improved student results.
    One of the stated goals of NCLB is that every child be able to read by the end of third grade. To this end, the Federal government invested in scientifically based reading instruction programs to be implemented in the early grades. An expected collateral benefit of this initiative is reduced identification of children requiring special education services resulting from a lack of appropriate reading instruction. NCLB funds screening and diagnostic assessments to identify K-3 students who are at risk of reading failure, and to better equip K-3 teachers in the essential components of reading instruction. Funds are also available to support early language, literacy, and pre-reading development of pre-school age children.
    In keeping with its major themes of accountability, choice, and flexibility, NCLB also emphasizes the use of practices grounded in scientifically based research to prepare, train, and recruit high-quality teachers. Once again, local school administrators are afforded significant flexibility in teacher staffing, provided they can demonstrate annual progress in maintaining and enhancing the high-quality of their teachers.
    Finally, in an effort to ensure safe and drug-free schools, NCLB, as proposed, requires states to allow students who attend a persistently dangerous school, or who have been victims of violent crime at school, to transfer to a safe school. To facilitate characterizing schools as “safe” or “not safe,” NCLB requires public disclosure of school safety statistics on a school-byschool basis. In addition, school administrators must use federal funding to implement demonstrably effective drug and violence prevention programs.
    It is within this overarching educational framework of NCLB that the State of Connecticut oversees and administers its constitutional and statutory obligations to educate your children. 

III. Special Education: A Parent’s Guide to Becoming an Advocate

    The following will provide a simple, yet comprehensive overview for parents regarding laws and regulations affecting the education of your child who may be impaired by a disability. Parental awareness of a child’s special needs is the best way for the child to advance expectations and achieve maximum potential. Special education laws and regulations are designed to protect and provide for students with disabilities and ensure that they receive the proper services and necessary assistance for a meaningful educational experience. This section will help families understand and appreciate key concepts and procedures and be an effective advocate for their child in the special education process. 
    As a parent you know what is best for your child. Knowledge of your child’s special education rights will best ensure that their unique needs are met. As a parent you need to be aware of laws, regulations, and school procedures impacting your child’s access to the general curriculum prescribed by the school district. The following will provide you with an overview of specific federal laws, such as the federal Individuals with Disabilities Education Act (IDEA) and Connecticut state law pertaining to special education. Such legislation protects students with disabilities and ensures they receive a Free Appropriate Public Education (FAPE). Being an active voice on the Planning & Placement Team (PPT) and providing valuable input to formulate your child’s Individual Education Plan (IEP) will impact your child’s future success.
    This guide will provide you with the essential knowledge and tools to optimize your child’s educational opportunities. Each child is different and you may want to consult an attorney to ensure that your child’s educational requirements are properly assessed and fully met.

What is the Individuals with Disabilities Education Act (IDEA)?

    The Individuals with Disabilities Education Act (IDEA) was enacted by Congress in 1975 as the Education for All Handicapped Children Act. This legislation is the foundation for the imposition upon Boards of Education of legal obligations regarding special education. IDEA requires that “all children with disabilities have available a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living…”1 IDEA defines FAPE as: 
    The term “free appropriate public education” means special education and related services that--
(A) have been provided at public expense, under public supervision and direction, and without charge;
(B) meet the standards of the State educational agency;
(C) include an appropriate preschool, elementary school, or secondary school education in the State involved; and
(D) are provided in conformity with the individualized education program. 
    IDEA provides that your public school district, referred to in IDEA as the local education agency or LEA, be responsible for ensuring that each child with a disability within their district receives special education and related services designed to meet their unique individual needs. In view of the varying needs of each child impaired by a disability, no specific standard is established to determine if the school district is providing an “appropriate” education. The U.S. Supreme Court addressed the definition of FAPE in Board of Education of Hendrick Hudson Central School District v. Rowley, where it held that a school district did not have to provide a full-time sign language interpreter as a necessary part of an appropriate public education program. The school district’s only obligation was to meet the requirements of the IDEA and provide individual instruction intended to confer a “reasonable educational benefit, not maximum educational opportunities” to children with disabilities.2
    The word “free” means that the cost of providing special education and related services is the responsibility of the public school district in which the child resides and cannot be passed along to a child’s parent. FAPE is an unqualified right and a school district will not be excused because of expense from providing specific special education needs to a particular child.
    While your child’s disability may not be covered under the IDEA, it may be covered under Section 504 of another federal law, the Rehabilitation Act of 1973. Section 504 is a civil rights statute that protects the rights of persons with disabilities participating in programs and activities, such as public schools, that receive federal financial assistance. You should consult one of our attorneys at Maya Murphy P.C. to determine whether, or to what extent, your child falls under the Individuals with Disabilities Education Act, or the Rehabilitation Act.

How will I know if my child is eligible for Special Education services?
    
    Connecticut law defines a child requiring special education as a child who meets the criteria for eligibility for special education pursuant to the Individuals with Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time…”3
    Special education services eligibility under IDEA requires that your child be between the ages of three and twenty-one years old. Connecticut school districts are obligated to provide special education and related services to children five years of age or older until the earlier of either high school graduation or the end of the school year in which your child turns twentyone years of age.4 In addition, a child must have one or more of the following disabilities as determined by the IDEA:
    - Autism
    - Deaf-blindness
    - Deafness
    - Developmental delay (for 3 to 5 year olds)
    - Emotional disturbance
    - Hearing impairment
    - Intellectual disability (mental retardation)
    - Orthopedic impairment
    - Other health impairments (limited strength, vitality or alertness due to chronic or acute health problems such as     lead poisoning, asthma, attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD), diabetes, a     heart condition, hemophilia, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome)
    - Physical impairment
    - Specific learning disability
    - Speech or language impairment
    - Traumatic brain injury
    - Visual impairment (including blindness) 
If a formal evaluation determines that your child is impaired by one of these disabilities, adversely affecting your child’s educational performance, a specific educational program must be developed to meet their unique educational needs. This is known as an Individual Education Program (IEP), a cornerstone of special education that we will explain further in the following pages.
    Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD), while not expressly listed under the IDEA, are construed as falling within the Other Health Impairment category. If a child suffers from either ADD or ADHD and their educational performance is disaffected as a result, he or she will be eligible for special education services. 
    A child requiring special education in Connecticut includes not only children with disabilities but also those who are found to be especially gifted and talented. The pertinent statute states, “A child requiring special education” means any exceptional child who . . . has extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program.”5 Although gifted and talented children may be offered special education in the State of Connecticut, it is not a requirement.6
    
Who refers my child to Special Education?

    Connecticut requires each school district to reach out and identify children from birth to twenty-one years of age who may be eligible for special education services. The IDEA covers all children with disabilities residing in the state, including those who are homeless or wards of the State, and children with disabilities attending private schools, irrespective of the severity of their disability. It is the obligation of the school district to identify children in need of special education from birth on. This duty is called “child find.”7 After “finding” a child with a disability, the school district must initiate an evaluation of that child to fulfill their duty under the IDEA.
    A referral to special education services is the first step in determining whether a child is entitled to receive special education and related services. The referral takes the form of a written request that a child be evaluated if he or she is suspected of having a disability and who may be in need of special education and related services. If your child is over the age of three and you believe he or she may have a disability, as a parent you may submit a written request to the director of special education of your school district. If someone other than a child’s parent refers a child to special education, such as a teacher or school administrator, the parent must receive written notice of such referral. 
     Those who may make a referral for an evaluation are: the student, provided they are 18 years of age or older, a parent or guardian, the state educational agency, the local educational agency or individuals from other agencies, including physicians or social workers having parental permission to make a referral.8

What is Informed Consent?

    When is my consent as a parent required? Informed consent means that as a parent you must be given full and complete disclosure of all relevant facts and information pertaining to your child regarding certain proposed activities by your local educational agency. Consent remains voluntary and may be withheld or withdrawn at any time as it pertains to an initial evaluation of your child.  
    Written parental consent directed to your child’s school district is required when: (a) your child undergoes an initial evaluation to determine his or her eligibility for special education and related services, (b) before your child is placed in special education services, (c) before your child is placed in private placement, and (d) before your child is reevaluated. However a parent’s failure to give consent to a reevaluation may be overridden if the school district can show that a good-faith effort was made to obtain consent and the child’s parent failed to respond.9  
    The written parental consent granted to the local educational agency before conducting an initial evaluation of your child does not carry over and constitute consent to placing your child in special education. Separate written consent is required following an initial evaluation if your child is found to be eligible for special education and related services.10
    If a parent disagrees with a proposed special education activity, the school district must still ensure that your child receives a FAPE. However, if you refuse to give written consent for the school district to conduct either an initial evaluation or a reevaluation, the school district may proceed on its own and initiate a due process hearing in order to move forward with the recommended evaluations. On the other hand, if a parent does not consent to special education services placement, even if a child is eligible, the school district may not initiate a due process hearing as a means of obtaining authority to place your child in special education.11

What is the evaluation process used to determine my child’s special education requirements?

What is an Initial Evaluation?

    Following a referral, the state education agency or local education agency is obligated to conduct a full and individualized initial evaluation for each child in order to determine his or her eligibility under the IDEA.12 Prior to conducting an initial evaluation, the agency must obtain informed written parental consent. Consent to this initial evaluation must be in writing and may only be given following full disclosure of all information needed for you to make a knowledgeable decision pertaining to your child’s educational needs. It bears repeating that parental consent to an initial evaluation may not be construed as consent for the placement of your child in special education or related services.13 However, failure of a parent to consent to an initial evaluation may allow the school district to initiate a due process hearing as a way to proceed with an initial evaluation.  
     In conducting the evaluation, the local educational agency, “shall use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information, including information provided by the parent, that may assist in determining – (i) whether the child is a child with a disability; and (ii) the content of the child’s individualized education program, including information related to enabling the child to be involved in and progress in the general education curriculum…”14 An evaluation study will include a review of information collected by the school district through formal and informal observations, a review of schoolwork, standardized tests and other information provided by your child’s teachers and other school personnel. Additional requirements in the evaluation assessment under the IDEA provide that:

    (A) assessments and other evaluation materials used to assess a child under this section-
(i) are selected and administered so as not to be discriminatory on a racial or cultural basis;
(ii) are provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer; 
(iii) are used for purposes for which the assessments or measures are valid and reliable;
(iv) are administered by trained and knowledgeable personnel; and
(v) are administered in accordance with any instructions provided by the producer of such assessments; 
    (B) the child is assessed in all areas of suspected disability;
    (C) assessment tools and strategies that provide relevant information that directly assists persons in determining     the educational needs of the child are provided; and
    (D) assessments of children with disabilities who transfer from one school district to another school district in the     same academic year are coordinated with such children's prior and subsequent schools, as necessary and as     expeditiously as possible, to ensure prompt completion of full evaluations.15

    As a parent you will receive written notice of the particular tests and procedures that will be used in conducting your child’s evaluation. It is important as a parent to have an active voice in the initial evaluation process and you should share any and all relevant information you have regarding your child’s skills, abilities and needs. 
    The local educational agency conducting the initial evaluation is required to determine whether your child is one with a disability within sixty (60) days of receiving parental consent for the evaluation and to determine the special educational needs of your child if he or she is eligible.16 As a parent, if you fail or refuse to produce your child for an initial evaluation the sixty-day time constraint will not be applicable.
    Following the initial evaluation, the child’s Planning and Placement Team will meet to evaluate the data and determine whether your child meets the necessary criteria to receive special education and related services. As a parent you will be provided with a written report of the evaluation that was conducted.

What is an Independent Educational Evaluation (IEE)?

    If you disagree with the school district’s evaluation you may request an Independent Educational Evaluation, referred to as an IEE. Upon a request for an IEE, the local educational agency must provide information to parents as to where you may obtain an IEE and the criteria necessary in conducting an evaluation. An independent educational evaluation is one that is conducted by a qualified examiner, who is not an employee of the local educational agency, such as your child’s private therapist. Moreover, a parent is not required to inform the school district in advance of plans to obtain an IEE.  
    Although parents should work alongside their local educational agency to resolve any disagreements pertaining to evaluations, there are times where an independent evaluation will be necessary to resolve such disagreements. Parents have the right to an IEE at the local educational agency’s expense unless the local educational agency challenges the need for an IEE. If the local educational agency challenges the IEE they must, “without unnecessary delay” file for a due process hearing to demonstrate that its evaluation was appropriate or that the evaluation obtained by you did not meet the requisite evaluation criteria. If the local educational agency files for a due process hearing and its evaluation is found to be sufficient, you still have the right to obtain an IEE, but not at public expense. A parent is only entitled to one IEE at public expense each time the local educational agency conducts an evaluation with which the parent disagrees. If, however, a hearing officer requests an IEE during the course of a due process hearing, the evaluation shall be conducted at the expense of the agency.
    If an IEE is conducted at public expense, the criteria under which the evaluation is obtained, including the location and qualifications of the examiner, must be the same as the criteria that the local educational agency uses when it conducts an evaluation. However, the results of an IEE, irrespective of who pays for it, must be considered by the school district when designing your child’s educational program.17  

What is a Reevaluation? When and why will my child be reevaluated?

    The IDEA mandates that a reevaluation must occur at least once every three (3) years, unless the parent and the local educational agency agree that a reevaluation is not necessary.18 Either parents or local educational agencies may request a reevaluation but the local educational agency must first obtain written parental consent before conducting a reevaluation. Failure to provide the consent needed for your child’s school district to conduct a reevaluation may lead to your local educational agency filing for a due process hearing or seeking other dispute resolution proceedings in order to conduct the reevaluation.
    The purpose of conducting a reevaluation is to reassess the educational needs of your child and determine whether your child continues to have a disability, to evaluate the levels of academic achievement and developmental needs of your child, to determine whether special education and related services are still needed for your child, and whether your child’s Individual Education Plan requires modification. 
    In conducting a reevaluation, your child’s PPT will review existing reports and data to decide if additional testing is needed to determine whether your child is still eligible and continues to need special education and related services. 

What is my child’s Planning and Placement Team?

    Under Connecticut law, the Planning and Placement Team, or PPT, is a critical component in determining your child’s special education needs and the services to be provided. The IDEA refers to this resource as the Individualized Education Program Team (“IEP Team”). The PPT will be involved in most every request or decision made pertaining to your child, including: determining whether your child should be evaluated, and deciding which evaluations will be given to your child and whether your child is eligible for special education and related services. As a parent, you will be asked to participate as a member of the PPT. Parents should participate, since you can provide unique and valuable insight into your child’s special education needs. The IDEA requires that the IEP team (PPT in Connecticut) be composed of the following:
    (i) the parents of a child with a disability;
    (ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular     education environment);
    (iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of     such child;
    (iv) a representative of the local educational agency who--
(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; 
(II) is knowledgeable about the general education curriculum; and
(III) is knowledgeable about the availability of resources of the local educational agency;
    (v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the     team described in clauses (ii) through (vi);
    (vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise     regarding the child, including related services personnel as appropriate; and
    (vii) whenever appropriate, the child with a disability.19

    A member of the PPT shall not be required to attend an IEP meeting, however, if you and the local educational agency agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.20 Further, a member of the PPT may be excused from attending a meeting when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if you and the local educational agency consent to the excusal and the member provides input into the development of the individualized education program prior to the meeting. 21 
    As a parent you have the right to understand the proceedings of the PPT meeting, and, if necessary, the school district may need to arrange for a language interpreter or a sign language interpreter. Additional parental rights at a PPT meeting include a conference telephone call if you are unable to attend the meeting in person, tape recording of meetings (all participants must be informed the meeting is being taped) and the right to invite any advisors of your choosing, including counsel, at your own expense.22
    A PPT meeting may be conducted without a parent in attendance if the local educational agency is unable to convince you as a parent to attend. The school district must keep detailed records of its attempt to make an arrangement for a mutually agreed upon time and place to conduct the meeting. These records should include telephone calls made or attempted along with the results of those calls, copies of correspondence sent to you including any responses they received and detailed records of visits made to your home or place of employment and the results of those visits.23
    When scheduling a PPT meeting, the school district must work with you as a parent in scheduling the meeting at a mutually agreeable time and place. Connecticut law requires the school district to notify a child’s parent at least five (5) school days prior to the meeting in order to allow for attendance.24 Written notice of the PPT meeting must be provided to a child’s parent and include the purpose, time and location of the meeting along with who will be in attendance. The school district must also inform you of your right to bring other individuals who have knowledge of or expertise concerning your child. Further, the school district must give notice that if your child is sixteen years old or younger and it is found by the IEP team to be appropriate, he or she may attend the meeting, provided the purpose of the meeting pertains to your child’s postsecondary goals.25

What is my child’s Individualized Education Program (IEP)?

    Once it is determined that your child is eligible for special education services under the IDEA, an individualized education program will be developed to meet the particular needs of your child. The term “individualized education program” or “IEP” is a written plan detailing your child’s special education program as designed by the Planning and Placement Team (PPT). As a parent and member of your child’s PPT, it is vital that you influence and help develop your child’s IEP. The PPT must consider the strengths of your child, the concerns you have in enhancing the education of your child, the results of the initial or most recent evaluation of your child and the academic, developmental and functional needs of your child.26 Taking these factors into account allows for the PPT to create a specialized IEP geared toward providing your child with the best opportunity to satisfy their individual needs.  

How is my child’s IEP developed? What are the requirements that my child’s IEP must provide?

    A PPT meeting to develop your child’s IEP must be conducted within thirty (30) days following a determination that your child is eligible and in need of special education and related services. Subsequent to the development of your child’s IEP, special education and related services must be made available in accordance with his or her IEP. 
    
    Detailed components of the content required in your child’s IEP are set out in the IDEA as follows:
    o A statement of your child’s present levels of academic achievement and functional performance, including how     your child’s disability affects his or her involvement and progress in the general education curriculum.
    o A statement of measurable annual goals, including academic and functional goals designed to meet your child’s     educational needs pertaining to their disability and to ensure that your child be involved in and make progress in     the general curriculum and meet other educational needs that result from his or her disability.
    o A description of how your child’s progress in meeting their annual goals will be measured and when periodic     reports on the progress of your child meeting his or her annual goals will be provided.
    o A statement of the special education and related services to be provided to your child. This statement shall also     include any supplemental aids and services to be provided to your child, as well as a statement of the program     modification or supports for school personnel that will be provided for your child:
 To advance appropriately toward him or her attaining their annual goals,
 To be involved in and make progress in the general education curriculum,
 To participate in extracurricular and other nonacademic activities, and
 To be educated and participate with other children with disabilities and nondisabled children. 
    o An explanation of the extent, if any, to which your child will not participate with nondisabled children in the regular     class and other school activities.
    o A statement of any individual appropriate accommodations necessary to measure through State and district-wide     assessments the academic achievement and functional performance of your child. However, if the PPT determines     that your child requires an alternate assessment they must state why and in which way the student will be     assessed. 
    o A statement of when the projected date for the beginning of special education services is to begin, along with the     anticipated frequency, location and duration of those services.
    o A statement effective no later than the first PPT meeting that occurs after your child attains the age of 16, and     updated annually thereafter regarding appropriate measurable postsecondary goals related to training, education,     employment and where applicable, independent living skills. Moreover, at least one year prior to your child reaching     the age of majority under State law, a statement must be made that your child has been informed of his or her     rights, if any, under the IDEA that will transfer to him or her upon reaching majority.27  

    Although the above requirements must be included in your child’s IEP, this list is not all-inclusive. Additional means in achieving the best possible educational plan for your child should be included whenever necessary. PPTs must satisfy each child’s unique needs and if necessary develop further activities beyond the expressed requirements to fully develop a child’s IEP. 28 As a parent you must receive a copy of your child’s IEP at no cost within five (5) school days following any PPT meeting held to develop or revise your child’s IEP. 
    Your local educational agency must ensure that your child’s IEP is accessible to each regular education teacher, special education teacher and related service provider responsible for implementing the plan. Each teacher and provider must be informed of their specific responsibilities as it pertains to your child’s IEP and the specific accommodations, modifications, and support that must be provided for your child in accordance with their IEP needs.29  
    
Will my child’s IEP be reviewed? What is the process in revising my child’s IEP?

    The IDEA sets forth rules concerning the review and revision of your child’s IEP. The local educational agency must ensure that the IEP team (PPT) reviews your child’s IEP periodically, but not less than annually, to determine whether the annual goals for your child are being achieved.30 Moreover, the local education agency is required to revise the IEP to appropriately address: 
    - Any lack of expected progress toward the annual goals,
    - Any lack of expected progress in the general curriculum,
    - The results of any evaluation,
    - Information about your child provided by you as his or her parent, or
    - Your child’s anticipated needs31  
    The IDEA requires that your child’s regular education teacher, consistent with their membership on the PPT, participate in the review and revision of his or her IEP.32 In modifying your child’s IEP following an annual IEP meeting, a parent and the local educational agency may agree not to convene an additional IEP meeting to modify your child’s IEP and instead develop a written document to amend the current IEP.33 Parents should be provided within five (5) school days with a copy of the revised IEP following any amendments.
    
What will happen to my child’s IEP if he or she is to transfer schools?

    If you are planning to move to a different school district within Connecticut or are being transferred to a new job out of state, there are procedures and regulations that the new local education agency must follow to allow for a smooth transition pertaining to your child’s IEP.
    If your child had an IEP in effect and you enroll your child in a new school in Connecticut, the new school must provide FAPE, which includes services comparable to those provided by your child’s prior school as described in his or her IEP. The new school district must adhere to your child’s IEP from their prior school until the new school adopts it as its own IEP, or develops, adopts and implements a new IEP that meets all the requirements described in the IDEA and applicable state law.34 Similar procedures and requirements apply to your child’s IEP if you are relocating to a new state. However, the school district in your new state may conduct their own evaluation in accordance with the IDEA to determine if it is necessary to develop, adopt and/or implement a new IEP, in accordance with the IDEA and the new State’s law. 35
    In transitioning your child from one school to another, the new school must take reasonable steps to promptly obtain your child’s records, which include their IEP and any other supporting documents relating to their special education needs. Your child’s former school district must take reasonable steps to respond to the records request from the new school that your child is enrolled in.36 

    Please know that we at Maya Murphy stand ready to be of further service to you and your loved ones. My hope is this publication will narrow the divide between teachers, parents and children. If at any point there is something you don’t understand, call me. If there is a family that can use help, but can’t afford representation, let me know. We want to help every family, and importantly, every child. I can be reached via e-mail directly at JMaya@Mayalaw.com. You can also call my office at (203) 221-3100, or in New York at (212) 682-5700. 

Footnotes

1 20 U.S.C.A. §1400(d).
2 Board of Education of Hendrick Hudson Central School District v. Rowley, 458 U.S. 176 (1982).
3 Conn. Gen. Stat. §10-76(a)(5).
4 Conn. Gen. Stat. §10-76(d)(b).
5 Conn. Gen. Stat. §10-76(A)(5).
6 Conn. Gen. Stat. §10-76(d)(b).
7 20 U.S.C.A. §1412(3)(A).
8 20 U.S.C. §1414(a)(1)(B) & Conn. Gen. Stat. §10-76(d)(10)(b).
9 34 C.F.R. §300.300.
10 20 U.S.C. §1414(a)(1)(D).
11 34 C.F.R. §300.300.
12 20 U.S.C. §1414(a)(1)(A).
13 20 U.S.C. §1414(D)(i)(I).
14 20 U.S.C. §1414(B)(2)(A)(i)-(ii).
15 20 U.S.C. §1414(3)(A)(B)(C)(D).
16 20 U.S.C. §1414(a)(1)(C)(i).
17 34 C.F.R. §300.502.
18 20 U.S.C. §1414(a)(2)(B).
19 20 U.S.C. §1414(d)(B).
20 20 U.S.C. §1414(d)(C)(i).
21 20 U.S.C. §1414(d)(C)(ii).
22 34 C.F.R. §300.322(c) and (d).
23 34 C.F.R. §300.322(d).
24 Conn. Gen. Stat. §10-76(d)(8).
25 34 C.F.R. §300.322.
26 34 C.F.R. §300.324.
27 20 U.S.C. §1414(d)(1)(A)(i)(I)-(VII).
28 20 U.S.C. §1414(d)(1)(ii).
29 34 C.F.R. §300.323(d)(1)-(2).
30 20 U.S.C. §1414(d)(4)(A)(i).
31 20 U.S.C. §1414(d)(4)(A)(ii).
32 20 U.S.C. §1414(d)(4)(B).
33 20 U.S.C. §1414(d)(3)(D).
34 20 U.S.C. §1414(d)(C)(i)(I).
35 20 U.S.C. §1414(d)(C)(i)(II).
36 20 U.S.C. §1414(d)(C)(ii).