6.033 Special Education
6.033 Special Education
In compliance with the regulations concerning children requiring special education in the Connecticut General Statutes, Cooperative Educational Services (C.E.S.) shall provide appropriate education for identified special education students between the ages of three (3) and until they graduate, or for the duration of the school year in which the student becomes twenty-two (22). Unless otherwise specified in a child’s Individualized Education Program (IEP), the minimum day and year for a child requiring special education and related services shall be the same as that for a child in the regular education program. C.E.S., in collaboration with the student’s sending district, will provide parents/guardians with State Department of Education information and resources relating to IEPs as soon as a child is identified as requiring special education.
Legal Reference: Connecticut General Statutes 1-15c Discrimination in public schools prohibited. School attendance by five –year olds
10-76a through10-76h re special education PA 12-173 An Act Concerning Individualized Education Programs and Other Issues Relating to Special Education
ADOPTED: April 7, 2016
REVISED: November 4, 2021
Guidelines and Procedures
A parent of a child, the State Department of Education, other state agencies available to District may initiate a request for an initial evaluation to determine if the child is a child with a disability. Initial evaluations using a variety of assessment tools and measures to gather relevant functional, developmental, and academic information, must be completed within 60 days of the receipt of parental consent, or per a timeline determined by the State. Exceptions to this timeframe include children moving between school districts and parental refusal to make a child available for evaluation, as provided by law. Assessments for disabled children who are transfer students shall be coordinated between the sending or receiving district in an expeditious manner.
C.E.S., in collaboration with the student’s sending district, will provide parents/guardians with State Department of Education information and resources relating to IEPs as soon as a child is identified as requiring special education.
Definitions
Planning and Placement Team or Individualized Education Program Team The term "individualized education program team" or IEP Team" means a group of individuals composed of-
(i) the parents of a child with a disability
(ii) not less than one regular education teacher of such child (if the child is, or may be, participating in the regular education environment);
(iii) not less than one special education teacher, or where appropriate, not less than one special education provider of such child;
(iv) a representative of the local educational agency who-
a. is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;
b. is knowledgeable about the general education curriculum; and
c. is knowledgeable about the availability of resources of the local educational agency;
(v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);
(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(vii) whenever appropriate, the school paraprofessional, if any, assigned to such child, and
(viii) whenever appropriate, the child with a disability.
NOTE: An IEP Team member is not/required to attend all or part of an IEP meeting if the parents and District agree that the team member’s participation is not necessary because the member's area of curriculum or related services is not being modified or discussed at the meeting. If the meeting does involve a modification or discussion of the member's area of curriculum or related services, parents and the District can agree
to excuse the member from attending all or part of the meeting if the member submits written input to the parent and the IEP Team prior to the meeting.
In addition to the above, the special education specialist, school psychologist, school nurse, school social worker, counselor, or other student service worker who has conducted an assessment of the student shall participate whenever the results or recommendations based on such assessment are significant to the development of the student's individualized education program and placement. Where the student is limited or non-English speaking, a district representative who is fluent in the student's primary language and who is knowledgeable about the process of second-language acquisition and competent in the assessment of limited English and non-English speaking individuals should be included.
The parent/guardian or surrogate parent shall be given at least five (5) school days prior notice of any PPT meeting and shall have the right to be present and participate in all portions of such meetings at which an educational program for their child is developed, reviewed or revised. In addition parents/guardians or surrogate parents have the right to be present at and participate in all portions of the PPT meeting at which an educational program for their child is developed, reviewed or revised. In addition, the parent/guardian/surrogate may invite advisors and the child's assigned paraprofessional, if any, be present at and participate in all portions of the PPT meeting in which the child's educational program is developed, reviewed or revised if they request their attendance.
The District shall offer to meet with the student's parents/guardians, upon the request of the parents/guardians, after the student has been assessed for possible placement in special education and before the Planning and Placement Team (PPT) meets. The sole purpose of such meeting is to discuss the PPT process and any concerns the parent/guardian has about the student. The meeting will involve a member of the PPT designated by the District before the referral PPT meeting at which the student's assessments and evaluations will be discussed for the first time. This applies to students under evaluation for possible placement in special education.
Upon request of a parent/guardian, the District will provide the results of the assessments and evaluations used in the determination of eligibility for special education of a student at least three (3) school days before the referral PPT meeting at which such results of the assessment and evaluations will be discussed for the first time.
Parents/Guardians and the District may agree to conduct IEP meetings, and other meetings, through alternative means, such as including but not limited to, videoconferences or conference calls.
The IEP for each child must include -
(1) A statement of the child's present levels of educational performance based upon parental provider information, current classroom-based, local, state assessments and classroom-based observations, including-
(i) How the child's disability affects the child's involvement and progress in the general education curriculum; or
(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;
(2) A statement of measurable annual academic and functional goals, related to-
(i) Meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general education curriculum; and
(ii) Meeting each of the child's other educational needs that result from the child's disability. Alternate Assessments
(iii) A statement of “benchmarks or short-term objectives" is required only with respect to students with disabilities who take alternate assessments aligned with alternate achievement standards.
If a child will participate in alternate assessments based on either general or alternate achievement standards, the IEP must explain why the child cannot participate in the regular assessment and why the alternate assessment selected is appropriate for the child.
The IEP/PPT Team may only recommend appropriate accommodation or use of alternate assessment, but may not exempt students with disabilities from the state assessment.
(3) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child and a statement of the program modifications or supports for school personnel that will be provided for the child -
(i) To advance appropriately toward attaining the annual goals;
(ii) To be involved and progress in the general curriculum in accordance with paragraph (a){ I) of this section and to participate in extracurricular and other nonacademic activities; and
(iii) To be educated and participate with other children with disabilities and non-disabled children in the activities described in this paragraph;
(4) An explanation of the extent, if any, to which the child will not participate with non-disabled children in the regular class and in the activities described in paragraph (a) (3) of this section;
(5) A statement of any individual modifications in the administration of State or district-wide assessments of student achievement that are needed in order for the child to participate in the assessment; and
(6) The projected date for the beginning of the services and modifications described in paragraph (a)(3) of this section, and the anticipated frequency, location, and duration of those services and modifications; and
(7) A statement of -
(i) How the child's progress toward the annual goals described in paragraph (a)(2) of this section will be measured; and
(ii) How the child's parents will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of
their non-disabled children's progress, of-
(A) Their child's progress toward the annual goals; and
(B) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year
(8) Reevaluation of a student's progress may not occur more than once a year unless agreed to by the parents and the District. Reevaluation must occur at least once every three years unless the parent and District agree that it is unnecessary.
Transition Services
(1) The IEP must include-
A. For each student beginning not later than the first IEP to be in effect when the child is sixteen, and younger if appropriate, and updated annually, thereafter, appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
B. For each student beginning not later than the first IEP to be in effect when the child is sixteen, (or younger, if determined appropriate by the IEP Team), a statement of needed transition services for the student, including courses of study, needed to assist the child in reaching these goals:
C. For a student no longer eligible for services due to graduation from high school with a regular diploma or for a student who exceeds the age of
eligibility under State law, a summary of the student's academic achievement and functional performance including recommendations on how to assist the student in meeting his/her postsecondary goals.
(2) If the IEP team determines that services are not needed in one or more of the areas specified in §300.27(c)(l) through (c){4), the IEP must include a statement to that effect and the basis upon which the determination was made.
(3) Transfer of rights. Beginning not later than one year before a student reaches the age of majority under State law, the students IEP must include a statement that the student has been informed of his or her rights under this title if any, that will transfer to the student on reaching the age of majority, consistent with §615(m)
(4) Students with disabilities convicted as adults and incarcerated in adult prisons. Special rules concerning the content of IEP's for students with disabilities convicted as adults and incarcerated in adult prisons are contained §612(a)(5)A.
(5) Students with disabilities identified as deaf or hearing impaired. For a child identified as deaf or hearing impaired, the PPT shall develop an IEP which includes a language and communication plan which shall address;
(i) the child's primary language or mode of communication;
(ii) opportunities for direct communication between the child and his/her peers and professional personnel in the primary child's language or mode of communication;
(iii) educational options available to the child;
(iv) the qualifications of teachers and other professional personnel administering the plan for the child, including their proficiency in the child's primary language or mode of communication;
(v) the accessibility of academic instruction, school services and extracurricular activities to the child;
(vi) Assistive devices and services for the child; and
(vii) Communication and physical environment accommodations for the child.
Transfers
When an individual has been on an IEP in another school district, the PPT shall make an evaluative study of the student and develop an IEP for the student as though the student were newly referred, but the PPT may use the previous IEP (if available) in developing the new one. If the transfer involves districts within Connecticut, the District will provide services "comparable to those described in the previously held IEP," until the District adopts the previously held IEP or develops, adopts, and implements a new JEP. If the student has transferred from another state, the District will provide services "comparable to those described in the previously held IEP," until the District conducts an evaluation, if deemed necessary, and if appropriate, develops a new IEP. If a student who is on an IEP transfers from this district to another, or to a private school, the written IEP and any additional records relating to the student's program and achievement shall be forwarded to the receiving school on the request of the receiving school and the individual's parent or guardian.
Independent Educational Assessment
If an independent educational assessment is necessary, it shall be conducted by a Connecticut credentialed or licensed professional examiner who is not employed by and does not routinely provide assessment for the State Department of Education or this District.