| Terminology | | | | The Connecticut Approach |
| The federal law governing special education is called | | | | The Connecticut State Department of Education |
| the Individuals with Disabilities Education Act, or IDEA. | | | | (SDE) takes a hand-off approach to local school |
| It is codified in Title 20, United States Code, starting at | | | | boards. This compares to New York, where the |
| section 1400. It was initially passed in 1975. A | | | | state department closely regulates most aspects of |
| number of major reauthorizations have taken place. | | | | special education. The Connecticut SDE advises local |
| The two most recent were in 1997 and in December | | | | school boards on questions, when raised. Indeed, |
| 2004. The December 2004 changes took effect, for | | | | SDE also provides advice to parents. The state |
| the most part, on July 1, 2005. The changes made in | | | | approves private special education schools, but the |
| the 2004 Act are numerous and varied, but perhaps | | | | approval is largely a matter of seeing if the right boxes |
| not revolutionary. | | | | are checked, rather than looking at the quality of the |
| In early 2002, President Bush signed the No Child Left | | | | education provided. The state, pursuant to federal |
| Behind Act (NCLB) which is intended to ensure quality | | | | law, receives and processes complaints, but appears |
| education and a high level of accountability. Many of | | | | to be interested only in procedural requirements, |
| the provisions of NCLB had an uncertain impact on | | | | avoiding making any comments on the substance of |
| IDEA 1997. Hence, IDEA 2004 attempts to clarify the | | | | the claim. And, the state runs the due process and |
| impact of NCLB. | | | | mediation systems. This is all done by a tiny group of |
| The IDEA speaks in terms of a State Education | | | | people in Hartford. The SDE also runs the Special |
| Authority (SEA) and a Local Education Authority | | | | Education Resource Center (SERC), which serves as |
| (LEA). In Connecticut, the SEA is the State | | | | an information clearinghouse, library, and training |
| Department of Education. The LEA is generally the | | | | center. As a general rule, the State Department of |
| local school district, which is referred to as the district | | | | Education sees itself as a consultant, rather than as a |
| or the Board. In this context, the Board refers to the | | | | regulator. |
| district’s administration, not to the actual Board of | | | | The Special Education Universe in Connecticut |
| Education and its elected members. | | | | For the 2007-2008 school year, there were 68,989 |
| State and Federal Law | | | | children in Connecticut who were designated as eligible |
| Connecticut passed its special education law in 1967. | | | | for special education services. This number is a drop |
| The federal Education of All Handicapped Children Act | | | | of 5,000 from five years earlier. Special education |
| initially passed in 1975. Hence, the Connecticut act | | | | students represent about 12% of the total student |
| predates the federal. The federal law did not | | | | population of 574,287. Districts vary widely in |
| pre-empt the field. Rather, federal courts can | | | | percentages designated as eligible for special |
| enforce both federal and relevant state law. | | | | education, with some districts near 5% and others |
| "Relevant state law" is law which is not inconsistent | | | | over 18%. |
| with federally mandated requirements, both substantive | | | | Among disabilities, the largest group, comprising 32% of |
| and procedural, of the Act, and includes, inter alia, | | | | the special education population, consists of students |
| procedural safeguards which are more stringent than | | | | with learning disabilities (LD). Five years ago, learning |
| required procedures set forth in the federal law. | | | | disabled students represented 38% of the special |
| Burlington v. Department of Education, 736 F.2d 773 | | | | education population. The next largest group, |
| (1st Cir. 1984), aff’d 471 U.S. 359 (1985). For the | | | | accounting for 21% of the special education population, |
| most part, Connecticut and federal requirements have | | | | contains students with speech or language |
| converged. Yet, most of the detailed procedures for | | | | impairments. Other health impairment (OHI) accounts |
| eligibility and due process stem from Connecticut law, | | | | for 17%, severe emotional disturbance (SED) is 8.5% |
| as does the nomenclature. In Connecticut, there is a | | | | and intellectual disabilities (ID) are 4%. Some 6.4% of |
| Planning and Placement Team (PPT) meeting. In | | | | special education students in Connecticut carry the |
| New York, it is called a Committee on Special | | | | Autism label. The racial differences are, however, |
| Education (CSE) meeting. In the federallaw, it is called | | | | significant. The following chart shows the 2007-2008 |
| an Individualized Education Plan Team (IEP Team) | | | | percentage of each racial/ethnic grouping that has a |
| meeting. | | | | particular special education designation. |