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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 prior guidance issued by the United States Department of Education (“DOE”) and executive orders issued by Governor Ned Lamont, the Letter addresses (1) […]

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 (“FAPE”) to students with disabilities during the COVID-19 pandemic, while also acknowledging the impact of school closures […]

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 privacy laws, including the Family Educational Rights and Privacy Act (“FERPA”).  This week, the United States Department of […]

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, including the suspension or modification of state law, and remains in effect until September 9, […]

DCF Amends Failure to Report Policy to Allow for On-line Reporting In “Non-Emergent” Situations

The Department of Children and Families (DCF) has issued a revised policy on “Mandated Reporters Failure to Report” providing a mechanism for on-line reporting as an alternative to telephonic reporting.  The new policy, following a year long pilot, provides a welcome alternative to long waits on hold which callers can experience. Specifically, revised policy 22-1-3 permits on-line […]

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 review of a local board of education’s child sexual abuse prevention policies and procedures in June 2019, […]

Attorneys Ryan Driscoll and Christine Sullivan Win Important Decision For Trumbull Board of Education in United States District Court

The Individuals with Disabilities Education Act (IDEA) is a landmark federal statute that protects the rights of children with disabilities to receive a free and appropriate public education. One of the keys to ensuring that a public school district provides an appropriate education is the proper evaluation of the impact of the child’s disability on […]

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 disability discrimination complaint in federal court under Section 504 or Title II, […]

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 replace existing guidance from the Office for Civil Rights regarding in the investigation and remediation of sexual […]