If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

In the case of State v. Stecher, the state sued a parent for support of a child who was a patient at a state institution. The parent filed a complaint against the town. The Connecticut circuit court found in favor of both parties’ complaint. The State and town appealed from the judgment on the third- party complaint.

The trial court found that 60 percent of the child's treatment at the state institution was attributable to the cost of his special education and that 60 percent of the parent's costs were reimbursable by the town. The appellate court held that the child had received special education at the state institution given his undisputed need for special education, the fact that arrangements for admission to the state institution were made by the board of education, and the fact that the state institution had the facilities and provided full-time education and training with teachers specially trained to teach special education children. Moreover, the institution qualified as a special education institution given the content of its program. Thus, under Connecticut law, the parent had a right of reimbursement from the board of education for special education at the state institution given the Connecticut Constitution’s requirement that each child receive a free education. However, the town was not liable for the reimbursement as there was no evidence that school authorities had agreed to pay the State for the placement of the child or agreed to reimburse the parent.

The judgment for the parent was set aside and the case was remanded with direction to render judgment for the town on the parent’s complaint. “The town's liability arises only after action taken by the board of education either under statutory mandate or statutorily vested discretion” said the court. “In this case, there is no finding that the school authorities agreed to pay the state of Connecticut for the placement of Robert Stecher at High Meadows or agreed to reimburse Frederick Stecher for any portion of the costs of that placement.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: State v. Stecher, 35 Conn. Supp. 501, 1977 Conn. Super. LEXIS 192, 390 A.2d 408 (Conn. Super. Ct. 1977)