On June 10, the United States District Court for the District of Connecticut issued a ruling regarding the age limitation for special education and related services which has significant implications for local and regional boards of education. Connecticut General...
Bureau of Special Education Guidance Addresses Special Education Programming, Communication and Compliance During COVID-19 Pandemic
On March 24, the Connecticut State Department of Education’s Bureau of Special Education (“BSE”) issued a Letter to Superintendents addressing the provision of continued educational opportunities and special education during the COVID-19 pandemic. Based in part on...
Department of Education Offers Flexibility, Encourages Cooperation to Provide Students with FAPE During COVID-19 Pandemic
On March 21, the United States Department of Education’s Offices for Civil Rights and Special Education Programs (“OCR” and “OSEP”) issued a joint guidance document affirming every school district’s obligation to continue providing a free appropriate public education...
Student Privacy Policy Office Offers Insights for Virtual Learning During COVID-19 Pandemic
School districts across the state are working hard to provide virtual learning opportunities to public school students while buildings remain closed due to the COVID-19 pandemic. Continuing education must, however, be provided in compliance with federal and state...
COVID-19: What do the Governor’s Executive Orders Mean for Schools?
On March 10, 2020, Governor Ned Lamont declared a public health and civil preparedness emergency in response to the outbreak of the coronavirus (COVID-19). This declaration permits the Governor to issue a broad range of orders regarding public health and safety,...
Child Advocate Recommendations Offer Insights for Child Sexual Abuse Prevention Policies and Procedures
In October 2019, the State of Connecticut Office of the Child Advocate (OCA) issued a letter offering significant preliminary recommendations for the prevention of child sexual abuse in public schools. The OCA was originally asked to conduct an independent outside...
State Supreme Court Affirms Constitutionality of Expulsion for “True Threats” of School Violence
On July 30, 2019, the Connecticut Supreme Court decided a First Amendment free speech case with significant implications for both local and regional boards of education and institutions of higher education. In Haughwout v. Tordenti, 332 Conn. 559 (2019), the Court...
Fry Update: Parents’ Participation in PPT Meetings and Request for Mediation Does Not Necessarily Trigger IDEA Administrative Exhaustion Requirement
The IDEA currently requires a parent to “exhaust administrative remedies” before filing a complaint based on another statute, if the parent seeks relief that is available under the IDEA. In other words, a parent must file an IDEA due process complaint before filing a...
Title IX and Sexual Harassment: Key Considerations as the Department of Education Moves Closer to Adopting New Regulations
The United States Department of Education recently closed the public comment period for its proposed Title IX regulations, and school boards and administrators must be ready for significant changes in the coming months. The regulations, while not yet finalized, will...
Supreme Court Denies Parents’ Petition for Review of Second Circuit FAPE Decision
On October 9, 2018, the United States Supreme Court denied a Petition for a Writ of Certiorari filed by the parents of a West Hartford student eligible for special education and related services, thus concluding over four years of litigation surrounding the provision...