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!

Students Can Receive Special Education Services Through Age 22

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Commentary by Attorney Lawrence Berliner          July 8, 2021 

Today the Federal Court of Appeals for the Second Circuit upheld a July 10, 2020 lower federal court decision A.R. v. Connecticut State Board of Education that found Connecticut's statutes and regulations, that limited special education through a student's 21st birthday, conflicted with federal special education law. The Individuals with Disabilities Education Act (IDEA) permits students with disabilities to receive special education and related services through their twenty-second birthday, unless they have graduated from high school with a regular high school diploma. For students who were exited from special education at age 21, without receiving a regular high school diploma, they may be eligible to receive additional special education services. For students who have not turned age 21 and have not graduated from high school with a regular high school diploma, they may be entitled to receive special education services through their 22nd birthday. The Connecticut State Department of Education should be issuing additional policy guidance letters for parents, students, and local school districts to implement this decision.

Parents and students, along with their advocates and attorneys, should celebrate this decision and the efforts of Disability Rights Connecticut to bring about this hard won victory.