Legal Articles, General Practice

What Does a Court Consider When Deciding an Educational Support Order in Connecticut?

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.

Educational expenses in divorce include expenses associated with higher education. Pursuant to Connecticut General Statutes § 46b-56c, an educational support order is defined as an order requiring a parent to provide support for a child or children to attend, for up to four full academic years, an institution of higher education or a private occupational school for the purpose of attaining a bachelor’s or other undergraduate degree, or other appropriate vocational instruction.

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No Child Left Behind – Connecticut

A case decided by the Connecticut Appellate Court, suggests Educational Support orders entered pursuant to Connecticut General Statutes § 46b-56c may not be entered retroactively.  In Kleinman v. Chapnick, 131 Conn. App. 812 (2011), the parties had two children who were over the age of eighteen and enrolled as full-time college students.  During the divorce proceedings, the parties’ older daughter was a senior and their younger daughter was a freshman.  In February 2010, after the parties entered into a final agreement on custody and visitation, a two-day trial ensued regarding financial issues.

A due process hearing is a legal proceeding that ensures fairness in the decision-making process regarding your child. As a parent, if you disagree with a proposed or refused action pertaining to your child’s education, you or the school district may initiate a due process hearing to resolve the disagreement.

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. 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.