Attorney Berliner is following the Governor’s guidelines for the COVID 19 Outbreak. To protect your safety, Attorney Berliner is not working in the physical office space of Westport or Guilford. However, please be assured that our office is “open” virtually to manage and address all clients’ and potential clients’ concerns regarding all special education law and advocacy matters. Please call our office with a detailed message at: 203-255-0582 or e-mail: lwb.esq@gmail.com and we will return your call or e-mail promptly to set up a phone conversation or a video conference. To address the “New Normal” and ongoing issues, we are pleased to conduct Zoom webinars with the Stamford JCC entitled, Empowering Parents: The Challenging Time of Covid -19 Health Emergency and Navigating the Road Ahead. For more information and to register, please visit our Facebook page, https://www.facebook.com/berlinerspecialedlaw/ Stay safe and healthy!

Attention Special Needs Families!—State Special Education Regulations are Being Revised.

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The State Department of Education has proposed significant changes to the state special education regulations. I have submitted my own comments on the proposed regulations (See attachment: ____) While, the period for public comments on the proposed regulations has closed, the next step in the process requires the State Board of Education to consider the proposed regulations as drafted by the State Department of Education and the agency's response to the public's comments. If you have concerns with the proposed regulations, there is still time to contact the State Board of Education and let them members know your concerns because consideration of these regulations have been tabled for now and should be considered during the March 2012 State Board of Education meeting.

Please contact Allan Taylor, Chairman, State Board of Education, 165 Capitol Avenue, Room 301, Hartford, CT 06106 to submit any additional comments. 

If you are still dissatisfied with the proposed regulations after the State Board of Education's determination, you may contact your State Representative and State Senator  and let them know that you have concerns because the proposed regulations have to be approved by the General Assembly's Regulation Review Committee, once the proposed regulations are reviewed by the Office of the Attorney General for legal sufficiency. Copies of the proposed regulations and the public comments on the regulations are available on the Department of Education's website which can be found on ct.gov.

UPDATE: On November 2, 2011, the State Board of Education had voted to table its consideration of the proposed regulations until its March 2012 meeting. You can view the State Board of Education's November 2, 2011 meeting online and it is available on line at http://ct-n.com/ondemand.asp?ID=7122. In the meantime, the General Assembly will be completing a study of the special education costs in Connecticut and whether the burden of proof in special education hearing should be solely on the party filing for a hearing (typically a parent). Under the current state regulations, the school district has the burden to demonstrate that the IEP is appropriate for the student, regardless of whether a parent or school district files for a Due Process hearing. If you have any concerns with any of the provisions in the proposed Department of Education special education regulations you should still contact the State Board of Education with those concerns. You should contact members of the Connecticut General Assembly if you have questions or concerns with the cost study and any proposed legislation that may be introduced when the Connecticut General Assembly reconvenes early next year.