Legal Articles, Other

Expedited Special Education Due Process Hearings Explained

It is now well-established that out-of-school sanctions have an adverse academic and social impact on students. Out-of-school suspensions and expulsions contribute to poor performance in school, higher drop-out rates, and increased misbehavior at school. One report found that students who had been subjected to out-of-class disciplinary sanctions tended to score lower on the Connecticut Mastery Test (CMT) and Connecticut Academic Proficiency Test (CAPT). In another study, 89% of sixteen and seventeen-year-old students in the juvenile justice system had previously been suspended or expelled from school. Despite their negative impact on students, Connecticut schools continue to resort with alarming frequency to out-of-school sanctions. During the 2007-2008 school year for example, as a result of suspensions or expulsions, schoolchildren within the state missed over 250,000 school days.

IEP due process is protected under the Individuals with Disabilities Education Act, (IDEA), and provides parents with the right to resolve disputes with their school district. There are two ways to resolve disputes, mediation and a due process hearing.

Alternative Education During Expulsion

What Authority Does a Local School Board Have to Expel a Student for Out-of-School Conduct in Connecticut?

In the case of Sekula v. State Teachers’ Retirement Board, a teacher appealed a decision by the Teacher’s retirement board when it denied his request to purchase retirement credits while he was suspended from teaching. A court’s review of the board’s decision is limited because the board is an administration. The court may only decide whether the board acted unreasonably, illegally, or in abuse of its discretion. In light of these circumstances, the court must confirm the agency board’s decision.

Legal issues in public schools hinge on student safety and student privacy. Schools have a legal obligation to provide all students with a safe, calm learning environment. But sometimes things get complicated when they have to balance students’ rights with this education law obligation.

Weapon Incidents in Schools: Discretionary Discipline

In March of 2020, many Governors across the country closed their schools due to the COVID-19 pandemic.  On March 21, 2020, the U.S. Department of Education (“DOE”) published guidance for local school agencies on how to appropriately handle special education and services to children with disabilities during the ongoing public health crisis. The DOE has emphasized that school districts’ compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act (“ADA”) school districts should not prevent distance instruction.  Accordingly, special education services should continue during the period of remote learning from home as much as feasible.

What is the Evaluation Process Used to Determine a Child’s Special Education Requirements?