Disabilities Recognized by the IDEA
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 twenty-one years of age. 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)
Evaluations and IEPs
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.” Although gifted and talented children may be offered special education in the State of Connecticut, it is not a requirement.
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 and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, 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.
