This class action suit is about the legality of Connecticut’s age limitations in special education. On July 15, 2016, a 21-year-old individual with a disability filed this class action lawsuit in the U.S. District Court for the District of Connecticut. The plaintiff sued the Connecticut State Board of Education (the Board) under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1412(a). Represented by Disability Rights Connecticut, the plaintiff sought declaratory and injunctive relief as well as compensatory damages and attorney’s fees.
The plaintiff alleged that Connecticut’s laws violated his right to free and appropriate public education (FAPE) guaranteed under the IDEA. States that receive funding for public special education under the IDEA are required to offer FAPE to individuals with disabilities until they turn 22 years of age unless the state maintains a maximum age limitation across all public education. Connecticut’s laws (Conn. Gen. Stat § 10-76d(b) and Conn. Agencies Reg. § 10-76d-1(a)(4)) limit special education in public schools to children under the age of 21 or to those who have not received a high school diploma, whichever occurs first; however, the state does not establish an age limitation for general education.
The case was assigned to Judge Charles S. Haight. After numerous extensions, the Board responded to the plaintiff's compliant in February 2017, and on September 1, 2017, the plaintiff filed a motion to certify a class. On September 14, 2017, the plaintiff filed a motion for summary judgement, and on November 8, 2017, the Board cross-moved for summary judgement.
On July 20, 2018, the court denied the pending motions in order to first address the plaintiff’s standing (the individual had graduated prior to filing the suit). To address the jurisdictional issue, on April 5, 2019, counsel for the proposed plaintiff class filed an amended complaint and a renewed motion to certify a class with a new plaintiff, a 19-year-old individual who received FAPE under IDEA and had not graduated from high school.
On May 1, 2020, the court certified a class for injunctive and declaratory relief under Rule 23(b)(2) and for compensatory education under Rule 23(b)(3) defined as “all individuals who were over 21 and under 22 within two years before the filing of this action or will turn 21 during the pendency of this action who are provided or were provided a FAPE under the IDEA by any [Local Education Agency (LEA)] in the State of Connecticut and who, but for turning 21, would otherwise qualify or would have qualified for a FAPE until age 22 because they have not or had not yet earned a regular high school diploma.” 2020 WL 2092650.
On June 10, 2019, the court granted the individual’s motion for summary judgement and denied the Board’s cross motion, stating that the Board’s systemic denial of FAPE to individuals with disabilities between 21 and 22 years of age constituted a gross violation of the IDEA. 2020 WL 3086032.
On July 9, 2020, the Board requested a stay, and on July 10, 2020, the court denied the stay and enjoined the termination of FAPE to members of the class prior to them turning 22 years of age.
The Board appealed on July 10, 2020. On July 24, 2020, the plaintiffs filed a motion for attorney's fees and on July 31, 2020, the Board filed a motion to stay the fees motion. On August 4, 2020, the court granted a stay pending the appeal.
The appeal was assigned USCA Case Number 20-2255 and is ongoing.
Zofia Peach - 10/09/2020
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