In many countries, children with special needs are entitled to benefits in obtaining an education. In the United States, one avenue in exploring the options available and appropriate for such children is the Department of Education of the state in which the child resides. Since the education under discussion in this thread is that of a child in the state of Connecticut, the material I'm posting is published by the Connecticut State Department of Education, Bureau of Special Education. I'm posting a few quotes from
A Parent's Guide to Special Education in Connecticut to give readers an idea of the procedures, restrictions, and so on that are involved when a child is evaluated as a special needs student. This may be helpful as background information when trying to answer the question.
It would be helpful if someone from CT could add information or correct any errors I may have made.
"Special education laws and regulations are meant to protect a student with a disability to ensure that he or she receives the services and assistance that may be necessary to make meaningful progress in his or her education program. In Connecticut, the special education system is based on the federal special education law, Individuals with Disabilities Education Improvement Act (IDEA 2004) and its implementing regulations, in combination with the states special education law, Connecticut General Statutes Section 10-76a to 10-76h, inclusive and the implementing regulations." Pg. v
http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf
"Individualized Education Program (IEP): A written education program for a child with a disability that is developed by a team of professionals (administrators, teachers, therapists, etc.) and the childs parents; it is reviewed and updated at least yearly and describes the childs present performance, what the childs learning needs are, what services the child will need, when and for how long, and identifies who will provide the services." Page vii
http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf
There is a thorough process through which applicants are evaluated before a child is accepted into a program. Once the child has been approved for inclusion detailed assessments are made regarding the child's needs, abilities, strengths, weaknesses. (These are described in detail in the manual.) Reviews are part of the ongoing program, and necessary adjustments are made as needed.
"What is special education?
Special education is provided to a child with an identified disability who needs specially designed instruction to meet his/her unique needs and to enable the child to access the general curriculum of the school district. A child who is eligible for special education services is entitled by federal law to receive a free appropriate public education (FAPE). FAPE ensures that all students with disabilities receive an appropriate public education at no cost to the family. FAPE differs from student to student because each has unique needs. As a parent of a child who has or who may have a disability that requires specially designed instruction, you will work with a team of educators and, as appropriate, specialists to determine the needs of your child and to design an appropriate program to address your childs educational needs.
What are related services?
Related services are those services that are required in order for a child to benefit from special education. Related services may include, but not be limited to, psychological and counseling services, speech and language services, audiological services, guidance, social work, transportation, physical and occupational therapy and medical services that are required for diagnostic or evaluation purposes."
Page 1
http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf
"Least Restrictive Environment (LRE): A child with a disability must, to the maximum extent appropriate, be educated with children who are nondisabled in the general education class in the school that he/she would attend if the child did not have a disability that required special education and related services. A child with a disability should not be removed from the general education setting unless the nature and severity of the childs disability is such that education in the general class with the use of supplemental aids and services cannot be achieved satisfactorily."
Page 1
http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf
"Where will my child receive his/her special education and related services?
Y our child, to the maximum extent appropriate, must be educated with his/her nondisabled peers in the general education class in the school that the child would attend if he/she did not have a
disability that required special education and related services. This is referred to as the LRE or least restrictive environment. The removal of your child from the general educational environment to another instructional site such as a special class or separate school should only occur when the nature or the severity of the disability is such that educating your child in the general educational environment with the use of supplementary aids and services can not be achieved satisfactorily. If your childs IEP, with the use of supplementary aids and services, cannot be implemented in the school that the child would have attended, the PPT must find an appropriate educational placement for your child as close as possible to your childs home."
Page 11
http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf
Regarding costs of having a child placed in this program, here are a few other statements from the manual.
"Free Appropriate Public Education (FAPE): Special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet state and federal requirements, include preschool, elementary school, or secondary school education; and are provided according to an IEP."
Page vi
http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf
"In Connecticut, a school district is also required to provide identification, referral and evaluation services for a child who may be gifted and/or talented. A district is not required, but has the option of, providing services to a child who has been identified as being gifted and/or talented.
What about children with disabilities placed by their parents in private schools?
Children with disabilities placed by their parents in private schools do not have an individual right to receive some or all of the special education and related services that he or she would receive if enrolled in a public school. The school district in which the private school is located is responsible for providing what special education services it designates to children with disabilities placed by their parents in the private elementary or secondary schools in its town."
Page 2
http://www.sde.ct.gov/sde/lib/sde/PDF/DEPS/Special/Parents_Guide_SE.pdf
Based on this, I would imagine that Justina Pelletier, as a child in the state of Connecticut, was fully entitled to have an IEP, that she met the requirements of the state in 2012 (
http://www.bostonglobe.com/metro/2013/12/15/justina/vnwzbbNdiodSD7WDTh6xZI/story.html). According to reports referred to up-thread, Justina was enrolled in a private school and was very happy there. Therefore, the school itself would have made a decision, in co-operation with the district school board, as to which services would be given to Justina and identifying the sources of payment. It's possible that Justina's parents would have paid some fees.
In my experience, it is very unlikely that any private school would simply respond to a parent's demand that his/her child should be given free classes and services by caving in to the demand. However, it would be possible that a private school might have, as part of its particular mandate, the responsibility of placing special needs or special education or gifted children into it's programs without charge to the families. Or, as some private schools have done in the past, the parents might be responsible for paying a portion of the fees while the school subsidizes the balance.
If Justina had an IEP in place, then many people from different disciplines had agreed that she qualified for such a plan. The school and the school board had agreed that they would provide the resources for Justina to participate in such a plan. State and/or federal accountants would have agreed that money would have been designated to pay for different elements of the plan. This is not done automatically because a parent complained. It is done because the student has met the criteria set out by the state.
It seems that all the elements were in place for Justina to receive a meaningful education. The plan was designed to allow her to develop the skills and accumulate the knowledge which she would need as an adult. The IEP would support her academic experiences in school and her extracurricular activities in the larger community. It was designed to help Justina meet her long term goals by team members who involved her in discussions and respected her input.
Please note: the reference I've used was written in January of 2006. The manual was subsequently revised in December 2006, February 2009, October 2010, March 2013, and December 2013. To read the latest version of the manual, please use the following link to download a PDF doc.
www.sde.ct.gov/sde/lib/sde/word_docs/DEPS/Special/IEPmanual.doc‎
