Chapter 8: Legal Notices
The District will provide parents and adult students with written notices at specific points throughout the special education process. A parent or adult student may elect to receive these notices via electronic mail.
When an eligible student reaches the age of majority, which is presently 18 years of age in Connecticut (adult student), the District shall continue to provide any notices required by the IDEA and state special education law to the student and the student’s parents.60 All other rights accorded to the parents under the IDEA and state special education law will transfer to the student, unless the court has determined that the student has become incapacitated.61 The District will notify the parents and the student when the rights are transferred.
The adult student may notify the District, in writing, that the parents will still have the right to make educational decisions on behalf of the adult student even though the student has turned 18 years old. At any time, the student may revoke the granting of these rights.
The adult student may authorize another adult to make educational decisions on behalf of the student using a power of attorney consistent with the requirements of state statute.
The District will include in the IEP a statement informing the student of his or her rights under the IDEA and state special education law that will transfer to the student, at least one year before the student reaches the age of 18.
Notices and Publications
The District will document if these notices and publications were given to the parents at a PPT meeting through the use of the IEP document. The District may transmit these documents electronically, only if the parents agree to access information in this manner.
Procedural Safeguards Notice
The District will provide this notice annually to parents, as well as when the following events take place:
- Upon initial referral or parental request for evaluation;
- Upon the first occurrence of the filing of a complaint or request for a due process hearing;
- Upon request by a parent; and
- Upon a change of placement resulting from a disciplinary action.
A Parent’s Guide to Special Education in Connecticut
The District will provide this guide to parents and students immediately upon the formal identification of a student as eligible for special education and related services and at each PPT meeting thereafter.
Connecticut IEP Manual
The District will provide this publication to parents and students immediately upon the formal identification of a student as eligible for special education and related services and at each PPT meeting thereafter.
Building a Bridge
The District will provide this publication to parents and students immediately upon the formal identification of a student as eligible for special education and related services and at each PPT meeting thereafter.
Transition Bill of Rights
The District will provide this publication annually at a PPT meeting to parents and students (for students in sixth through twelfth grade).
Parental Notification/Laws Relating to the Use of Seclusion and Restraint
Parents will be informed about provisions of the state statutes and regulations regarding the emergency use of physical restraint and seclusion.62 Every parent (or adult student) will be advised of these rights at the initial PPT meeting held for the student even if the emergency use of physical restraint or seclusion is not likely to occur. If the parents or eligible student agree that access to this information may be provided electronically, the District may refer the parents or eligible student to the Parental Notification of the Laws Relating to the use of Seclusion and Restraint in the Public Schools63 at the appropriate Web address.
Parental Notification Following the Emergency Use of Restraint or Seclusion
The District must attempt to notify the parent(s) of a student who has been restrained or secluded on the day of or within twenty-four hours after the emergency use of physical restraint or seclusion, unless it involves an adult student to whom rights have transferred. This notification may be made by phone, e-mail or other method of communication, which may include sending a note home with the child. In the case of a student to whom rights have not transferred, the parent(s) must be sent a copy of the incident report no later than two business days after the emergency use of physical restraint or seclusion.
FERPA Annual Notification of Rights
The District will annually notify the parents (or adult students with an IEP) of their rights under FERPA.
Notice of the Availability of Mediation
The District must read aloud a notice of the availability of mediation services at PPT meetings. "The procedural safeguards explain student and parent rights under IDEA and identify dispute-resolution options, including the right to voluntarily engage in mediation.64 You may review the memorandum regarding this notice at https://portal.ct.gov/-/media/SDE/Digest/2023-24/CSDE-Memo---Availability-of-Mediation-PA-23-137.pdf.
The district shall provide the following two required notices translated into the primary language spoken by such student or parent if there is an apparent need or upon their request.
Listing of Transition Resources, Transition Services, and Public Transition Programs
The District will provide this notice annually at a PPT meeting to parents and students (for students in sixth through twelfth grade). The online listing of transition resources and transitions services can be found at Easing into Secondary Transition, and the online listing of public transition programs can be found at EdSight.
Decision-Making Supports
The District will provide information about the full range of decision-making supports, including the Decision-Making Options online resource, annually at a PPT meeting to parents and students (for students age 14+).
Chapter 8 Appendix
Add supplemental documents/information here
- 34 § 300.520
- Please see state regulations for more detail and the procedures for appointing an educational representative.
- A copy of (the district)’s written policies and procedures about the use of physical restraint or seclusion can be obtained at (insert link to district website). Any questions regarding the policies and procedures related to the use of physical restraint or seclusion can be directed to (include name and title of specific district personnel).
- Parental Notification of the Laws Relating to the use of Seclusion and Restrain in the Public Schools (Revised July 2018)
- A Parent’s Guide to Special Education (2021)