Moving Forward with Responsible Inclusive Practice in Connecticut Schools:
Ensuring that Students with Disabilities are Educated in the Least Restrictive Environment

A Settlement to P.J. et al v State of Connecticut, Board of Education, et al

In 1991, a case was filed by five school-age children with mental retardation and their families. It was certified as a class action lawsuit on December 13, 1993. The class membership includes all school-age children with the label mental retardation/intellectual disability on or after February 20, 1991 who are not educated in regular classrooms.

The settlement to P.J. et al (Plaintiffs) v State of Connecticut Board of Education, et al (Defendants) was approved by the federal court on May 22, 2002. The agreement provides that the Connecticut State Department of Education (CSDE) demonstrate progress each year in the following goals and outcomes:

1. an increase in the percent of students with mental retardation or intellectual disability who are placed in regular classes, as measured by the federal definition (i.e., eighty [80] percent or more of the school day with nondisabled students);
2. a reduction in the disparate identification of students with mental retardation or intellectual disability by LEA, by racial group, by ethnic group, or by gender
3. an increase in the mean and median percent of the school day that students with mental retardation or intellectual disability spend with nondisabled students;
4. an increase in the percent of students with mental retardation or intellectual disability who attend the school they would attend if not disabled (i.e., “home school”);
5. an increase in the percent of students with mental retardation or intellectual disability who participate in school-sponsored extracur ricular activities with nondisabled students.

To ensure that Connecticut demonstrates progress toward these goals/outcomes, the jurisdiction of the Court for enforcement of this Agreement will continue for five (5) years. For a period of eight (8) years, the Court may entertain Plaintiffs’ motions for substantial non-compliance with this Agreement.

Among the specific responsibilities of the CSDE is the development of policy statements. The Commissioner of Education has issued a policy letter that reiterates the State Board of Education’s position, which affirms the right of each child with mental retardation or other disability to be educated with non-disabled children to the maximum extent appropriate. The Chief of the Bureau of Special Education and Pupil Services of the CSDE issued a policy memorandum with further information regarding:

1. the individual student decision- making process that must be followed by the Planning and Placement Team (PPT);
2. the CSDE’s responsibilities for oversight of LEA activities to ensure compliance; and
3. the joint state and local obligation to work toward greater inclusion of students with mental retardation in all aspects of the school program.

Each superintendent of schools, LEA school board member, special education due process hearing officer, and teacher preparation program in Connecticut received these policy memorandums along with a copy of the Agreement.

Program Compliance Review of LEAs by the CSDE, including targeted database monitoring, will facilitate improvement in each of the goals through consistent feedback to all LEAs on their performance in achieving these goals. Monitoring will include, but is not limited to, participation and progress of class members in the general curriculum, use of out-of-district placements, availability of supplementary aids and services, and the use of promising practices. Focused monitoring to identify and provide solutions will occur in districts not making satisfactory progress toward the goals or who are found deficient as a result of monitoring activities.

To enable LEAs to extend and improve education in regular classes for class members, a technical assistance system with a sufficient number of qualified specialists will be developed to assist LEAs in carrying out their responsibilities.

Training programs to enable parents of class members to effectively advocate for the education of their children in least restrictive environments will focus on topics such as: Individualized Education Program (IEP) development, management and teaching activities and routines, and the development of active parent groups.

To support attainment of these goals, a Complaint Resolution Process will be maintained by the CSDE in accordance with requirements of IDEA. In addition, a four (4) member Expert Advisory Panel (EAP) to advise the parties and the Court regarding the implementation of the Agreement has been established.

For further information about the Agreement, please contact Anne Louise Thompson, Consultant, Bureau of Special Education and Pupil Services, (860) 807-2030, annelouise.thompson@po.state.ct.us.

For information about activities for families of students with intellectual disabilities, which are being coordinated by the Connecticut Parent Advocacy Center (CPAC), Connecticut’s Parent Training and Information Center, contact Deb Richards, Consultant, Bureau of Special Education and Pupil Services, (860) 807-2021, deborah.richards@po.state.ct.us.

(This synopsis is not intended to be an official representation of the Agreement’s content, but done in an effort to inform persons of the major aspects of the Agreement. There is no intention to misrepresent or not to inform persons of the Agreement’s content. 8/26/02.)