Section (6000) Instruction
Policy Name Special Education
Policy Number 6171
Date Approved 10/10/89
Date Revised 03/12/07
Date Revised 06/14/21
Date Revised  
Date Revised  
Policy

SPECIAL EDUCATION

 

In Keeping with the intention of the State of Connecticut and this Board of Education to offer educational opportunities to all students which will enable them to lead fulfilling and productive lives, the District shall provide appropriate educational opportunities to students with disabilities in accordance with the requirements of state and federal law.
Any student identified as a child with disabilities pursuant to the Individuals with Disabilities Education Improvement Act of 2004 who is between the ages of three and 22 who have and who has not received a high school diploma, GED or otherwise graduated from high school has the right to a free and appropriate public education. These students with disabilities shall be provided individualized educational programs appropriate to meet their educational needs.

 

Students receiving special education services under the Individuals with Disabilities Act (IDEA) remain eligible for such services up until their 22nd birthday or until they graduate from high school with a regular high school diploma, whichever comes first. The adult or his/her parent/guardian will be asked by the District if the student wishes to receive the special education and related services outlined in their individualized education program (IEP) until they turn 22 years of age or they graduate with a regular high school diploma, whichever comes first.

 

A child identified as a child with disabilities shall become eligible for special education and related services on his or her third bi1thday. A student reaching age 22 after the beginning of an academic year shall have the right to complete that year or attend until graduation, whichever comes first.

 

Students with disabilities are required by federal law to be included in State and District-wide assessments, with appropriate accommodations where necessary. Any individualized education program (IEP) developed for a student with disabilities shall specify whether the student shall achieve the District's adopted content standards or whether the student shall achieve individualized standards which would indicate the student has met the requirements of his or her IEP.

 

The District also shall take steps to make the general public aware that all children and youth from birth through age 22 suspected of having a disability have a right to a formal determination as to whether they have such a condition or disability.


Legal Reference:        Connecticut General Statutes

10-76a Definitions. (as amended by PA 00-48 and PA 06-18)

10-76b State supervision of special education programs and services. (as amended by PA 12-173)

10-76c Receipt and use of money and personal property.

10-76d Duties and powers of boards of education to provide special education programs and services. (as amended by PA 97-14, PA 00-48, PA 06-18 and June Special Session PA 15-5, Section 277)

10-76e School construction grant for cooperative regional special education facilities.

10-76fDefinition of terms used in formula for state aid for special

education.

10-76:ff Procedures for determining if a child requires special education (as amended by PA 06-18)

10-76g State aid for special education

10-76h Special education hearing and review procedure. Mediation of disputes. (as amended by PA 00-48)

10-76i Advisory council for special education. 10-76j Five-year plan for special education

10-76k Development of experimental educational programs. PA 06-18 An Act Concerning Special Education

State Board of Education Regulations.

10-76m Auditing claims for special education assistance. 10-76a-1 et seq. Definitions. (as amended by PA 00-48)

10-76b-1 through 10-76b-4 Supervision and administration. 10-76d-1 through 10-76d-19 Conditions of instruction.

10-76h-1 through 10-76h-2 Due process. 10-761-1 Program Evaluation.

10-145a-24 through 10-145a-31 Special Education (re teacher certification).

10-2641 Grants for the operation of interdistrict magnet school programs.

P.A. 12-173, An Act Concerning Individualized Education Programs and Other Issues Relating to Special Education

34 C.F.R. 3000 Assistance to States for Education for Handicapped Children.

American with Disabilities Act, 42 U.S.C. §12101 et seq.       . Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. Rehabilitation Act of 1973, Section 504, 29 U.S.C. §794.

P.L. 108-446 The 2004 Reauthorization of the Individuals with Disabilities Act


Policy Adopted:

Bd of Ed of the City School District of the City of New York v. Tom F

128S.Ct. 1, 76 U.S.L.W. 3197 (2008)

Rowley v. Board of Education, 485 U.S.-176 (1982)

Andrew F v. Douglas County School District RE-1, 15-827 U.S. (2017)

A.M v. N.Y. City Department of Education, 845F.3d 523, 541 (2d Cir. 1997)

Mrs. B., le Milford Board of Education 103 F. 3d 1114, 1121 (2d Cir. 1997)

A.R. v. Connecticut State Board of Education, 3:l6-CV-01197 (CSH D.

Conn. June 10, 2020)