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Connecticut Education Law Blog

U.S. Department of Education’s Office of Civil Rights Issues Guidance to Districts Regarding Restraint and Seclusion of Students with Disabilities

In late December of 2016, the Department of Education’s Office for Civil Rights (OCR) issued information to school districts regarding how the use of restraint and seclusion may result in discrimination against qualified students with disabilities in violation of Federal laws that prohibit disability discrimination, including Section 504 of the Rehabilitation Act of 1973 (Section […]

New IDEA Regulations Seek to Address Disproportionality on the Basis of Race and Ethnicity in Students with Disabilities

The United States Department of Education announced a new final regulation under Part B of the Individuals with Disabilities Education Act (“IDEA”).   The final regulations establish one standard States must use in determining (and seeking to eradicate) significant disproportionality based on race or ethnicity within its districts. The goal of the Department of Education […]

Circuit Split Over FAPE Standard Poised for Resolution

Starting on January 11, the Supreme Court will hear oral arguments for Endrew F. v. Douglas County School District, an appeal from the Tenth Circuit in which the Court is tasked with determining whether school districts must provide students with disabilities an “educational benefit” that is “more than de minimis” in order to satisfy the requirement […]

Changes to Student Discipline Laws Usher in New School Board Duties to Expelled Students

In 2016, the Connecticut General Assembly passed Public Act 16-147, which ushered in a series of changes regarding public school student discipline and expulsions.  Among its many notable provisions, the new law created changes to a Board of Education’s duty to offer an alternative educational opportunity to expelled students. At present, Connecticut law provides that […]

CCEJF v. Rell: Where Do We Stand?

On September 7, 2016, Superior Court Judge Thomas Moukawsher issued a 255-page Memorandum of Decision in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell, a case that has been pending for more than 10 years. The decision held that the State provides a constitutionally acceptable amount of funding for education, but the distribution of the funding […]

ESSA Amendments Effective October 1, 2016 Change School’s Obligations to Homeless Students

The McKinney-Vento Act governs the way states and local education agencies (LEAs) are required under federal law to support their homeless student populations. The McKinney-Vento Act requires schools to have policies and practices in place that encourage the immediate enrollment of homeless students, remove barriers to enrollment, including transportation, ensure the full participation of homeless […]

New Title II Regulations Set To Take Effect in October: How They May Impact You

On October 11, 2016, less than a week away, a final rule amending the regulations for Title II of the Americans with Disabilities Act (ADA) will take effect.  The new regulations will provide guidance to local government entities, including school districts, regarding the interpretation and application of the ADA Amendments Act of 2008 (ADAAA).  Important for educators, […]

OCR Publications Clarify District Obligations to Student with ADHD under Section 504

School is back in session once again, and districts are confronting the perennial challenge of educating students with a multitude of physical, cognitive and behavioral limitations. Among these conditions, Attention Deficit Hyperactivity Disorder (ADHD) stands out in both its ubiquity and its potential to thrust parents and school districts into conflict over appropriate educational programming. […]

U.S. Department of Education Tackles Discrimination of Refugees

On December 31, 2015, the Department of Education issued a Dear Colleague Letter before the beginning of the new year to remind schools of the importance of providing a discrimination free learning environment. The letter specifically focused on discrimination and harassment in schools based on race, religion, and national origin in light of the large […]