Disciplinary Protections for Children Aged 3 to 5 Who Receive a FAPE

Although they are still very young, preschoolers with disabilities are frequently removed from their educational settings due to disciplinary issues. Children with disabilities aged three to five who receive the services required for a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA) are entitled to the same disciplinary protections as all other IDEA-eligible children with disabilities. This includes the right to a manifestation determination review when a proposed disciplinary action would result in a change of placement.

Disciplinary protections under the IDEA apply to children with disabilities enrolled in public preschool programs run by local education agencies (LEAs), those in preschool programs operated by other public entities, and those placed in private preschool programs by the LEA to ensure they receive Free Appropriate Public Education (FAPE). When a child with a disability is in a non-LEA program, it is essential that the staff are made aware of relevant IDEA requirements, including the disciplinary protections available to preschoolers with disabilities when their behavior does not align with school or program expectations.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law matters in New York as well.

If you have any questions or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.