In Connecticut, the state identifies a child needing special education as one who meets the eligibility criteria set forth in the Individuals with Disabilities Education Act (IDEA), which is updated periodically. By contrast, New York law describes a "child with a disability" as someone under 21 entitled to attend public schools, who, due to mental, physical, or emotional conditions, requires special education programs.
Eligibility Under IDEA
IDEA outlines that eligibility for special education services requires your child to be between three and twenty-one years old. Both Connecticut and New York school districts must offer special education and related services to qualifying children until they graduate high school or reach the end of the school year in which they turn 21. To qualify, a child must be determined to have one or more of the following disabilities:
- Autism
- Deaf-blindness
- Deafness
- Developmental delay (for children aged 3 to 5)
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Orthopedic impairment
- Other health impairments (limited strength, vitality, or alertness due to conditions such as lead poisoning, asthma, attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD), diabetes, heart condition, hemophilia, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome)
- Physical impairment
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment, including blindness
If an evaluation shows that your child is affected by one of these conditions and it impacts their educational performance, an Individualized Education Program (IEP) must be designed to cater to their unique educational needs. We'll further discuss IEPs in the sections that follow.
Gifted and Talented Students
In Connecticut, special education services are not limited to children with disabilities. They also encompass students identified as particularly gifted and talented. The relevant statute defines a "child requiring special education" as any exceptional child with extraordinary learning ability or outstanding talent in the creative arts. These children require programs beyond the standard curriculum, which may be incorporated into public school programs as special education. However, while identifying and evaluating these students is mandatory, providing services to them is not obligatory and is determined by individual school districts.
Similarly, in New York, the screening for potential giftedness is mandated under Chapter 53 of the Laws of 1980 for students entering public schools for the first time. This assessment must include language development evaluation and be conducted in the student's native language. If a student is identified as potentially gifted, the findings must be communicated to the school superintendent and the student's parent or guardian. Though the student may be referred for a gifted program, service provision is not mandatory, mirroring Connecticut's approach.
Contact Us
If you have any questions regarding your child's special education eligibility in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
