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

1. Does the Settlement Agreement apply to students who do not have an intellectual disability? If my child has multiple disabilities, including an intellectual disability, is she/he a class member?

The Settlement Agreement only addresses students who have an intellectual disability, but the federal and state special education laws are the same for all students with disabilities. The requirements to place all students with disabilities in the least restrictive environment, where she/he can receive an appropriate education, are the same for all students. Placement in the regular education classroom, with the appropriate supports and services, must be the first consideration for all students. A child who is identified as having multiple disabilities, as their primary disability, is not a class member.

2. Does the Settlement Agreement apply to pre-K or preschool students?

The Settlement Agreement specifically defines class members as school-aged children. The Connecticut State Department of Education (CSDE) has agreed to include preschoolers with an intellectual disability in the data analysis and goal setting, which in effect makes them members of the class. The law requires that preschool-age children be educated in the least restrictive environment. The CSDE collects data on preschool-age students, the amount of time a preschool student spends with non-disabled students, and the location where preschool-age students receive their services.

3. Does the Connecticut State Department of Education require districts to bring all students from out-of-district placements back to the district?

No. One of the five goals of the Settlement Agreement is to increase the percent of students with an intellectual disability who attend the school they would attend if not disabled (home school). It is not a requirement that all students return to a district school.

4. Is the Connecticut State Department of Education trying to close down the private special education or RESC programs?

No. School districts are required to maintain a continuum of options for placement for students with disabilities. This includes, when appropriate, private special education schools or RESC programs.

5. How does the CSDE monitor each district on the goals of the Settlement Agreement?

The CSDE monitors each district in a variety of ways, including:

• Reviewing data submitted by each school district on an annual basis;
• Reviewing data for targeted school districts on a quarterly basis;
• Conducting desk audits or on-site visits to monitor a district's improvement plan in the area of least restrictive environment (LRE);
• Conducting on-site visits, observations, record reviews, and data verification visits; and
• Responding to parent complaints.

The CSDE has directed local Boards of Education to identify and eliminate the barriers that prevent students with an intellectual disability from being educated with non-disabled peers in regular classes, to the maximum extent appropriate.

6. How does a local district deal with a regular education teacher who does not want a child with an intellectual disability in his/her class?

Sometimes, teachers do not want a child in their classroom because they feel they are not equipped to meet the child's individual needs. Training and technical assistance is offered in districts and throughout the state on the requirement for all students with disabilities to be appropriately educated in the least restrictive environment. The Individualized Education Program (IEP) can identify training of staff as a requirement for students to be educated in the regular classroom. The IEP also identifies which modifications are needed for a student based on his/her individual needs. The principal of the school is essential in his/her leadership role supporting students in the regular education classroom, as well as ensuring staff are appropriately trained and supported.

7. What training is provided for regular education teachers? What is provided for special education teachers?

Professional development opportunities are offered for all teachers through local and statewide training. Local districts are required to provide professional development activities throughout the year. Many districts have chosen to use this time to address training for all staff on including students with disabilities in regular education classrooms. SERC also provides extensive professional development statewide, including programs by national experts on the topic of LRE. All districts have been offered a self-assessment tool called the School Based Practices Profile. This tool allows districts to identify their areas of strength and need in the area of LRE in order to determine what training and supports are required for staff and students. Districts may also choose to bring in private consultants to assist with district needs and with meeting the needs of individual students.

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