Commonly Asked Questions
About the P.J. ET AL v. State of Connecticut,
Board of Education, ET AL Settlement Agreement

continued from page 1

8. How do you determine what supports and services are needed in the regular education class?

Supports and services should be discussed at the Planning and Placement Team (PPT) meeting. It is a decision that should be determined individually for each child on the basis of the following:

• Evaluations;
• Input from parents and whomever they choose to have attend the PPT;
• Input from staff;
• Past and present performance;
• Past and present supports;
• Review of what has worked for children with particular needs;
• Requirements of the general education curriculum; and
• Information from professionals, both regular education and special education, who have experience placing children with intellectual disabilities in regular classes.

9. If a child with an intellectual disability is in a regular education class, do they need a one-on-one paraprofessional?

As with other decisions regarding supports and services, this is determined by the PPT. In some cases, relying on a paraprofessional may result in the student depending on one adult instead of engaging and learning with his/her classmates and the regular education teacher. Paraprofessional support can be an option; however, this support may be needed only for specific activities or times of the day, rather than all day.

There are many other supports that can be utilized instead of a paraprofessional. Some examples of these supports are: co-taught classrooms (regular education and special education teachers); therapist support in the classroom; peer support; small group instruction; providing staff training; and creating regularly scheduled collaboration time for team members.

10. Should high school students with an intellectual disability be included in academic classes such as algebra, chemistry, and regular education English?

The law requires that education in regular classes including algebra, chemistry, English, and all other high school courses of study, with the use of supplementary aids and services, must be considered for all students. Considerations must be made as to what supports, accommodations, and modifications would be needed for meaningful participation in regular academic classes, while ensuring receipt of a free, appropriate public education (FAPE.) The decision as to which classes a student should attend is made at the PPT. This decision is based on the student's strengths, needs, preferences, and long-term goals.

11. If a student is placed in a regular education classroom, does that mean they must take the standard form of the CMT or CAPT test?

Students have two options with respect to the Connecticut Mastery Test (CMT) or Connecticut Academic Performance Test (CAPT). The PPT may choose the alternate assessment (Skills Checklist) or the regular test. The United States Department of Education anticipates that only those students with the most significant cognitive disabilities will be assessed using the alternate assessment. There is a list of approved accommodations that the team can consider for students taking the regular test. This decision should be based on the student's individual needs and abilities, and the guidelines provided by the CSDE.

12. What types of supports are available for students participating in extracurricular activities? Are extracurricular activities part of the IEP?

The federal law, the Individuals Disabilities Education Act (IDEA), states that "each public agency shall take steps to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities." A student's participation in school-sponsored extracurricular activities should be discussed at a PPT meeting. Districts must ensure that the student has access to the activities. The PPT should carefully consider supports needed for the student to participate. These supports should be listed on page 8 of the IEP: Program Modifications/Adaptations - Including Nonacademic and Extracurricular Activities/Collaboration/Support for School Personnel. Given the different environment and demands of these activities, these supports may or may not mirror those required during the school day.

When participation in an extracurricular activity is necessary to address goals and objectives, it should be identified on the IEP. In such instances, supports must be provided in order for the child to participate, including transportation and staffing.

13. Should a district return a student to their home school if they have attended a different school in the district for multiple years?

The law states that "unless the IEP requires some other arrangement, children are educated in the school she or he would attend if they did not have a disability." This applies to students with any disability, including students with an intellectual disability. This is a decision that is made on an individual student basis by the PPT. A PPT may decide that certain students should remain in out-of-district programs if they are close to finishing their educational career, and have been educated in that setting for a long time. Though it remains the goal for all students, including students with an intellectual disability, to attend their home school, there are times when it may be appropriate for a student to be educated in another setting. For example, some teams, based on the need for continuity for an individual student, have determined that a student should spend one more year in a nonhome school, and transition the following year, due to the timing of a natural transition (i.e., transition to middle or high school). Sometimes, it may be appropriate for the transition to take place over a period of time, such as an entire school year. In some instances, based on the student's individualized needs, the PPT may determine that it is not appropriate for the student to attend his/her home school, although this should be periodically reassessed.

14. Does the Settlement Agreement change the law for students who require special education services?

No, the Settlement Agreement does not change either state or federal special education laws. The Settlement Agreement supports and strengthens the intent of the laws that all children, regardless of their disability label, be educated to the maximum extent appropriate with their nondisabled peers in the least restrictive environment. The Settlement Agreement requires Connecticut to make meaningful annual progress in increasing the placement of students with intellectual disabilities in regular classes in their home schools, and in their participation in extracurricular activities.

 

Page 1 | 2