When a child needs special education services, the legal and educational process can feel overwhelming. Parents are often left asking: What are my child’s rights? Is the school required to evaluate? What happens if we disagree with the proposed plan?
At the Law Offices of Charles L. Kurmay, we help families throughout Connecticut understand and enforce their child’s educational rights. Our role is to provide clear, strategic guidance while advocating for appropriate services under federal and state law.
Understanding Your Child’s Legal Rights
Under federal law, every child is entitled to a Free and Appropriate Public Education, commonly referred to as FAPE. The primary laws governing special education include:
- The Individuals with Disabilities Education Act, known as IDEA
- Section 504 of the Rehabilitation Act
- The Americans with Disabilities Act
Connecticut law works alongside these federal protections.
Special education must be individualized. There is no one-size-fits-all approach. A district cannot deny services because of budget concerns or administrative convenience. If a disability adversely affects a child’s educational performance, the school must provide appropriate support.
Who Qualifies for Special Education in Connecticut
Children between the ages of three and twenty-two may qualify for special education services if they have a disability that impacts learning.
Qualifying conditions may include:
- Autism
- Dyslexia
- Emotional disturbance
- Hearing or visual impairments
- Intellectual disabilities
- ADHD and other health impairments
- Specific learning disabilities
- Speech or language impairments
- Traumatic brain injury
Eligibility must be reevaluated periodically, typically every three years.
The Evaluation and IEP Process
Parents have the right to request an evaluation if they believe their child may require special education services. In Connecticut, the school must respond in writing within ten days, either agreeing to evaluate or explaining the basis for denial. A denial may be challenged.
If the school proceeds, the evaluation is conducted at the district’s expense. The results are reviewed at a Planning and Placement Team, or PPT, meeting.
A PPT typically includes:
- The parent or guardian
- A special education teacher
- A general education teacher
- A district representative
- A professional who can interpret evaluation results
Parents may bring an attorney or advocate to the meeting.
If the child is found eligible, the team develops an Individualized Education Program, or IEP. The IEP must include measurable goals, services, accommodations, placement decisions, and progress monitoring.
Parents are not required to accept an IEP they believe is inadequate. They may request revisions, additional testing, mediation, or a due process hearing.
Least Restrictive Environment and Placement
IDEA requires that students be educated in the Least Restrictive Environment, meaning they should learn alongside non-disabled peers to the maximum extent appropriate.
In many cases, services are delivered within the local public school. In others, an out-of-district or private placement may be necessary to provide FAPE.
If a district refuses a necessary placement, parents may pursue mediation or request a due process hearing. When handled properly, these proceedings can secure meaningful educational changes.
Section 504 Plans and Accommodations
The difference between an IEP and a Section 504 plan is that an IEP requires the school to offer the child services and accommodations, while the 504 plan only requires accommodations. Some students may not qualify for an IEP but still require accommodations under Section 504.
Accommodations might include:
- Extended time on tests
- Preferential seating
- Modified assignments
- Behavioral supports
- Assistive technology
A 504 plan must provide equal access to education. Also, a 504 plan does not expire when the child leaves the public education system either through aging out or through graduation from high school. Any provider of post-secondary education such as colleges/universities, junior colleges, trade schools, etc. are required to offer 504 accommodations if the person qualifies.
If a school district or post-secondary school fails to implement accommodations, legal remedies may be available.
Resolving Disputes with the School District
When disagreements arise, parents have several options:
- Request another PPT meeting
- Seek an independent educational evaluation
- Participate in mediation
- File a complaint with the Connecticut State Department of Education
- Request a due process hearing
Due process hearings are formal administrative proceedings where evidence is presented and legal arguments are made. These matters require careful preparation and experienced advocacy.
Our firm represents families in mediation, administrative hearings, and appeals when necessary.
Early Intervention and Birth to Three
For children under age three, Connecticut’s Birth to Three program provides early intervention services. As children transition into the school system, coordination between early intervention providers and the PPT is critical.
Ensuring a strong first IEP can significantly impact long-term educational success.
Our Approach to Special Education Advocacy
At the Law Offices of Charles L. Kurmay, we emphasize responsive communication, strategic advocacy, and personalized attention.
Special education matters are often emotional and deeply personal. We take the time to understand your child’s unique needs and your family’s concerns. Whether you are requesting an evaluation, disputing an IEP, or pursuing a due process hearing, we provide steady guidance at every step.
Take the Next Step
If your child is not receiving appropriate special education services, early legal guidance can make a meaningful difference.
Contact the Law Offices of Charles L. Kurmay to discuss your situation and learn how we can help protect your child’s educational future.
