Substitute Senate Bill No. 2
Public Act No. 21-46
AN ACT CONCERNING SOCIAL EQUITY AND THE HEALTH,
SAFETY AND EDUCATION OF CHILDREN.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section, (1)
"evidence-based" describes a training program that (A) incorporates
methods demonstrated to be effective for the intended population
through scientifically based research, including statistically controlled
evaluations or randomized trials, (B) can be implemented with a set of
procedures to allow successful replication in the state, (C) achieves
sustained, desirable outcomes, and (D) when possible, has been
determined to be cost-beneficial, and (2) "Question, Persuade and Refer
(QPR) Institute Gatekeeper Training" means an educational program
designed to teach lay and professional persons who work with youth
the warning signs of a suicide crisis and how to respond.
(b) The Youth Suicide Advisory Board, established pursuant to
section 17a-52 of the general statutes, and the Office of the Child
Advocate, shall jointly administer an evidence-based youth suicide
prevention training program in each local health department and
district department of health formed pursuant to section 19a-241 of the
general statutes. The training program shall provide certification in QPR
Institute Gatekeeper Training, utilizing a training model that will enable Substitute Senate Bill No. 2
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participants to provide QPR Institute Gatekeeper Training to other
individuals upon completion of the training program. Such training
program shall be offered not later than July 1, 2022, and at least once
every three years thereafter.
(c) The director of health for each local health department and district
department of health shall determine the eligibility criteria for
participation in the youth suicide prevention training program.
Participants shall be members of the following groups within such
district: (1) Employees of such local health department and district
department of health, (2) employees of youth service bureaus
established pursuant to section 10-19m of the general statutes, (3) school
employees, as defined in section 10-222d of the general statutes, (4)
employees and volunteers of youth-serving organizations, (5)
employees and volunteers of operators of youth athletic activities, as
defined in section 21a-432 of the general statutes, (6) employees of
municipal social service agencies, (7) members of paid municipal or
volunteer fire departments, and (8) members of local police
departments. With respect to school employees, such training program
may be included as part of an in-service training program provided
pursuant to section 10-220a of the general statutes, as amended by this
act.
(d) Any individual who has received certification in QPR Institute
Gatekeeper Training through the training program administered
pursuant to subsection (b) of this section may, during the period in
which such certification is valid, provide QPR Institute Gatekeeper
Training to any member of a group described in subdivisions (1) to (8),
inclusive, of subsection (c) of this section and members of the public.
(e) The Youth Suicide Advisory Board and the Office of the Child
Advocate may contract with a nongovernmental entity that provides
evidence-based suicide prevention training to carry out the provisions
of this section. Substitute Senate Bill No. 2
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Sec. 2. (NEW) (Effective July 1, 2021) (a) As used in this section:
(1) "Contact hour" means a minimum of fifty minutes of continuing
education and activities; and
(2) "Registration period" means the one-year period for which a
license has been renewed in accordance with section 19a-88 of the
general statutes and is current and valid.
(b) For registration periods beginning on and after January 1, 2022, a
physician assistant licensed pursuant to chapter 370 of the general
statutes applying for license renewal shall, during the first renewal
period and not less than once every six years thereafter, earn not less
than two contact hours of training or education administered by the
American Association of Physician Assistants, a hospital or other
licensed health care institution or a regionally accredited institution of
higher education, on (1) screening for post-traumatic stress disorder,
risk of suicide, depression and grief, and (2) suicide prevention training.
(c) Each physician assistant applying for license renewal pursuant to
section 19a-88 of the general statutes shall sign a statement attesting that
he or she has satisfied the continuing education requirements of
subsection (b) of this section on a form prescribed by the Department of
Health. Each licensee shall retain records of attendance or certificates of
completion that demonstrate compliance with the continuing education
requirements of subsection (b) of this section for a minimum of three
years following the year in which the continuing education was
completed and shall submit such records or certificates to the
department for inspection not later than forty-five days after a request
by the department for such records or certificates.
Sec. 3. Subsection (a) of section 20-73b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021): Substitute Senate Bill No. 2
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(a) Except as otherwise provided in this section, each physical
therapist licensed pursuant to this chapter shall complete a minimum of
twenty hours of continuing education during each registration period.
For purposes of this section, registration period means the twelve-
month period for which a license has been renewed in accordance with
section 19a-88 and is current and valid. The continuing education shall
be in areas related to the individual's practice, except, on and after
January 1, 2022, shall include not less than two hours of training or
education on (1) screening for post-traumatic stress disorder, risk of
suicide, depression and grief, and (2) suicide prevention training,
during the first registration period in which continuing education is
required and not less than once every six years thereafter. The
requirement described in subdivision (2) of this subsection may be
satisfied by the completion of the evidence-based youth suicide
prevention training program administered pursuant to section 1 of this
act. Qualifying continuing education activities include, but are not
limited to, courses offered or approved by the American Physical
Therapy Association or any component of the American Physical
Therapy Association, a hospital or other licensed health care institution
or a regionally accredited institution of higher education.
Sec. 4. Section 20-74h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
Licenses for occupational therapists and occupational therapy
assistants issued under this chapter shall be subject to renewal once
every two years and shall expire unless renewed in the manner
prescribed by regulation upon the payment of two times the
professional services fee payable to the State Treasurer for class B as
defined in section 33-182l, plus five dollars. The department shall notify
any person or entity that fails to comply with the provisions of this
section that the person's or entity's license shall become void ninety days
after the time for its renewal unless it is so renewed. Any such license Substitute Senate Bill No. 2
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shall become void upon the expiration of such ninety-day period. The
commissioner shall establish additional requirements for licensure
renewal which provide evidence of continued competency, which, on
and after January 1, 2022, shall include not less than two hours of
training or education, offered or approved by the Connecticut
Occupational Therapy Association, a hospital or other licensed health
care institution or a regionally accredited institution of higher
education, on (1) screening for post-traumatic stress disorder, risk of
suicide, depression and grief, and (2) suicide prevention training during
the first renewal period and not less than once every six years thereafter.
The requirement described in subdivision (2) of this section may be
satisfied by the completion of the evidence-based youth suicide
prevention training program administered pursuant to section 1 of this
act. The holder of an expired license may apply for and obtain a valid
license only upon compliance with all relevant requirements for
issuance of a new license. A suspended license is subject to expiration
and may be renewed as provided in this section, but such renewal shall
not entitle the licensee, while the license remains suspended and until it
is reinstated, to engage in the licensed activity, or in any other conduct
or activity in violation of the order or judgment by which the license was
suspended. If a license revoked on disciplinary grounds is reinstated,
the licensee, as a condition of reinstatement, shall pay the renewal fee.
Sec. 5. (NEW) (Effective July 1, 2021) (a) As used in this section:
(1) "Contact hour" means a minimum of fifty minutes of continuing
education and activities; and
(2) "Registration period" means the one-year period for which a
license has been renewed in accordance with section 19a-88 of the
general statutes and is current and valid.
(b) For registration periods beginning on and after January 1, 2022, a
registered nurse licensed pursuant to chapter 378 of the general statutes Substitute Senate Bill No. 2
Public Act No. 21-46 6 of 43
who is actively practicing in this state, and a licensed practical nurse
licensed pursuant to chapter 378 of the general statutes who is actively
practicing in this state, applying for license renewal shall, during the
first renewal period and not less than once every six years thereafter,
earn not less than two contact hours of training or education on (1)
screening for conditions such as post-traumatic stress disorder, risk of
suicide, depression and grief, and (2) suicide prevention training. For
purposes of this section, qualifying continuing education activities
include, but are not limited to, in-person and online courses offered or
approved by the American Nurses Association, Connecticut Hospital
Association, Connecticut Nurses Association, Connecticut League for
Nursing, a specialty nursing society or an equivalent organization in
another jurisdiction, an educational offering sponsored by a hospital or
other health care institution or a course offered by a regionally
accredited academic institution or a state or local health department.
(c) Each registered nurse and licensed practical nurse applying for
license renewal pursuant to section 19a-88 of the general statutes shall
sign a statement attesting that he or she has satisfied the continuing
education requirements of subsection (b) of this section on a form
prescribed by the Department of Public Health. Each licensee shall
retain records of attendance or certificates of completion that
demonstrate compliance with the continuing education requirements of
subsection (b) of this section for a minimum of three years following the
year in which the continuing education was completed and shall submit
such records or certificates to the department for inspection not later
than forty-five days after a request by the department for such records
or certificates.
Sec. 6. Subsection (a) of section 20-102ee of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) The Commissioner of Public Health shall adopt regulations, in Substitute Senate Bill No. 2
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accordance with the provisions of chapter 54, concerning the regulation
of nurse's aides. Such regulations shall require a training program for
nurse's aides of not less than one hundred hours. Not less than seventy-
five of such hours shall include, but not be limited to, basic nursing
skills, personal care skills, care of cognitively impaired residents,
recognition of mental health and social service needs, basic restorative
services and residents' rights. Not less than twenty-five of such hours
shall include, but not be limited to, specialized training in
understanding and responding to challenging behaviors related to
physical, psychiatric, psychosocial and cognitive disorders. On and after
January 1, 2022, not less than two of such hours shall include (1)
screening for post-traumatic stress disorder, risk of suicide, depression
and grief, and (2) suicide prevention training offered or approved by the
American Nurses Association, Connecticut Hospital Association,
Connecticut Nurses Association or Connecticut League for Nursing, a
specialty nursing society or equivalent organization in another
jurisdiction, a hospital or other health care institution, a regionally
accredited academic institution, or a state or local health department.
The requirement described in subdivision (2) of this section may be
satisfied by the completion of the evidence-based youth suicide
prevention training program administered pursuant to section 1 of this
act.
Sec. 7. Subsection (b) of section 20-185k of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) A license issued under this section may be renewed annually. The
license shall be renewed in accordance with the provisions of section
19a-88, for a fee of one hundred seventy-five dollars. Each behavior
analyst applying for license renewal shall furnish evidence satisfactory
to the commissioner of (1) having current certification with the Behavior
Analyst Certification Board, and (2) on and after January 1, 2022, Substitute Senate Bill No. 2
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completing not less than two hours of training or education, offered or
approved by the Connecticut Association for Behavior Analysis, a
hospital or other licensed health care institution or a regionally
accredited institution of higher education, on (A) screening for post-
traumatic stress disorder, risk of suicide, depression and grief, and (B)
suicide prevention training, during the first renewal period and not less
than once every six years thereafter. The requirement described in
subparagraph (B) of this subdivision may be satisfied by the completion
of the evidence-based youth suicide prevention training program
administered pursuant to section 1 of this act.
Sec. 8. Subsection (f) of section 20-195ttt of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(f) A certification issued under this section may be renewed every
three years. The license shall be renewed in accordance with the
provisions of section 19a-88 for a fee of one hundred dollars. Each
certified community health worker applying for license renewal shall
furnish evidence satisfactory to the commissioner of having completed
a minimum of thirty hours of continuing education requirements,
including two hours focused on cultural competency, systemic racism
or systemic oppression, [and] two hours focused on social determinants
of health and on and after January 1, 2022, two hours of training on (1)
screening for post-traumatic stress disorder, risk of suicide, depression
and grief, and (2) suicide prevention, provided by the Community
Health Worker Advisory Body or training or education providers
approved by the Community Health Worker Advisory Body. The
requirement described in subdivision (2) of this subsection may be
satisfied by the completion of the evidence-based youth suicide
prevention training program administered pursuant to section 1 of this
act.
Sec. 9. Section 20-206mm of the general statutes is repealed and the Substitute Senate Bill No. 2
Public Act No. 21-46 9 of 43
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Except as provided in subsections (b) and (c) of this section, an
applicant for a license as a paramedic shall submit evidence satisfactory
to the Commissioner of Public Health that the applicant has successfully
(1) completed a paramedic training program approved by the
commissioner, (2) for applicants applying on and after January 1, 2020,
completed mental health first aid training as part of a program provided
by an instructor certified by the National Council for Behavioral Health,
and (3) passed an examination prescribed by the commissioner.
(b) An applicant for licensure by endorsement shall present evidence
satisfactory to the commissioner that the applicant (1) is licensed or
certified as a paramedic in another state or jurisdiction whose
requirements for practicing in such capacity are substantially similar to
or higher than those of this state and that the applicant has no pending
disciplinary action or unresolved complaint against him or her, or (2)
(A) is currently licensed or certified as a paramedic in good standing in
any New England state, New York or New Jersey, (B) has completed an
initial training program consistent with the National Emergency
Medical Services Education Standards, as promulgated by the National
Highway Traffic Safety Administration for the paramedic scope of
practice model conducted by an organization offering a program that is
recognized by the national emergency medical services program
accrediting organization, (C) for applicants applying on or after January
1, 2020, has completed mental health first aid training as part of a
program provided by an instructor certified by the National Council for
Behavioral Health, and (D) has no pending disciplinary action or
unresolved complaint against him or her.
(c) Any person who is certified as an emergency medical technician-
paramedic by the Department of Public Health on October 1, 1997, shall
be deemed a licensed paramedic. Any person so deemed shall renew his
license pursuant to section 19a-88 for a fee of one hundred fifty-five Substitute Senate Bill No. 2
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dollars.
(d) On or after January 1, 2020, each person seeking certification as an
emergency medical responder, emergency medical technician or
advanced emergency medical technician shall apply to the department
on forms prescribed by the commissioner. Applicants for certification
shall comply with the following requirements: (1) For initial
certification, an applicant shall present evidence satisfactory to the
commissioner that the applicant (A) has completed an initial training
program consistent with the National Emergency Medical Services
Education Standards, as promulgated by the National Highway Traffic
Safety Administration for the emergency medical responder, emergency
medical technician or advanced emergency medical technician
curriculum, (B) has passed the examination administered by the
national organization for emergency medical certification for an
emergency medical responder, emergency medical technician or
advanced emergency medical technician as necessary for the type of
certification sought by the applicant or an examination approved by the
department, and (C) has no pending disciplinary action or unresolved
complaints against such applicant, (2) a certificate issued under this
subsection shall be renewed once every two years in accordance with
the provisions of section 19a-88 upon presentation of evidence
satisfactory to the commissioner that the applicant (A) has successfully
completed continuing education for an emergency medical responder,
emergency medical technician or advanced emergency medical
technician as required by the national organization for emergency
medical certification or as approved by the department, or (B) presents
a current certification as an emergency medical responder, emergency
medical technician or advanced emergency medical technician from the
national organization for emergency medical certification, or (3) for
certification by endorsement from another state, an applicant shall
present evidence satisfactory to the commissioner that the applicant (A)
is currently certified as an emergency medical responder, emergency Substitute Senate Bill No. 2
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medical technician or advanced emergency medical technician in good
standing by a state that maintains certification or licensing requirements
that the commissioner determines are equal to or greater than those in
this state, or (B) holds a current certification as an emergency medical
responder, emergency medical technician or advanced emergency
medical technician from the national organization for emergency
medical certification.
(e) On or after January 1, 2022, each person seeking renewal of a
certification as an emergency medical responder or emergency medical
technician under subdivision (2) of subsection (d) of this section, shall
present evidence satisfactory to the commissioner that such person has,
in the previous six year period, completed (1) the evidence-based youth
suicide prevention training program administered pursuant to section 1
of this act, or (2) not less than two hours of training or education,
approved by the Commissioner of Public Health, on (A) screening for
post-traumatic stress disorder, risk of suicide, depression and grief, and
(B) suicide prevention.
[(e)] (f) On or after January 1, 2020, each person seeking certification
as an emergency medical services instructor shall apply to the
department on forms prescribed by the commissioner. Applicants for
certification shall comply with the following requirements: (1) For initial
certification, an applicant shall present evidence satisfactory to the
commissioner that the applicant (A) is currently certified by the
department as an emergency medical technician or advanced
emergency medical technician or licensed by the department as a
paramedic, (B) has completed a program of training as an emergency
medical instructor based on current national education standards
within the prior two years, (C) has completed twenty-five hours of
teaching activity under the supervision of a currently certified
emergency medical services instructor, (D) has completed written and
practical examinations as prescribed by the commissioner, (E) has no Substitute Senate Bill No. 2
Public Act No. 21-46 12 of 43
pending disciplinary action or unresolved complaints against the
applicant, and (F) effective on a date prescribed by the commissioner,
presents documentation satisfactory to the commissioner that the
applicant is currently certified as an emergency medical technician,
advanced emergency medical technician or paramedic by the national
organization for emergency medical certification, or (2) for renewal
certification, an applicant shall present evidence satisfactory to the
commissioner that the applicant (A) has successfully completed
continuing education and teaching activity as required by the
department, which, on and after January 1, 2022, shall include not less
than two hours of training or education, approved by the Commissioner
of Public Health, on (i) screening for post-traumatic stress disorder, risk
of suicide, depression and grief, and (ii) suicide prevention training,
during the first renewal period and not less than once every six years
thereafter, (B) maintains current certification by the department as an
emergency medical technician, advanced emergency medical technician
or licensure by the department as a paramedic, and (C) effective on a
date as prescribed by the commissioner, presents documentation
satisfactory to the commissioner that the applicant is currently certified
as an emergency medical technician, advanced emergency medical
technician or paramedic by the national organization for emergency
medical certification.
[(f)] (g) A certified emergency medical responder, emergency medical
technician, advanced emergency medical technician or emergency
medical services instructor shall document the completion of his or her
continuing educational requirements through the continuing education
platform Internet web site. A certified emergency medical responder,
emergency medical technician, advanced emergency medical technician
or emergency medical services instructor who is not engaged in active
professional practice in any form during a certification period shall be
exempt from the continuing education requirements of this section,
provided the emergency medical responder, emergency medica l Substitute Senate Bill No. 2
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technician, advanced emergency medical technician or emergency
medical services instructor submits to the department, prior to the
expiration of the certification period, an application for inactive status
on a form prescribed by the department and such other documentation
as may be required by the department. The application for inactive
status pursuant to this subsection shall contain a statement that the
emergency medical responder, emergency medical technician,
advanced emergency medical technician or emergency medical services
instructor may not engage in professional practice until the continuing
education requirements of this section have been met.
[(g)] (h) The commissioner may issue a temporary emergency
medical technician certificate to an applicant who presents evidence
satisfactory to the commissioner that (1) the applicant was certified by
the department as an emergency medical technician prior to becoming
licensed as a paramedic pursuant to section 20-206ll, or (2) the
applicant's certification as an emergency medical technician has expired
and the applicant's license as a paramedic has become void pursuant to
section 19a-88. Such temporary certificate shall be valid for a period not
to exceed one year and shall not be renewable.
[(h)] (i) An applicant who is issued a temporary emergency medical
technician certificate pursuant to subsection [(g)] (h) of this section may,
prior to the expiration of such temporary certificate, apply to the
department for: (1) Renewal of such person's paramedic license, giving
such person's name in full, such person's residence and business address
and such other information as the department requests, provided the
application for license renewal is accompanied by evidence satisfactory
to the commissioner that the applicant was under the medical oversight
of a sponsor hospital, as those terms are defined in section 19a-175, on
the date the applicant's paramedic license became void for nonrenewal;
or (2) recertification as an emergency medical technician, provided the
application for recertification is accompanied by evidence satisfactory Substitute Senate Bill No. 2
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to the commissioner that the applicant completed emergency medical
technician refresher training approved by the commissioner not later
than one year after issuance of the temporary emergency medical
technician certificate. The department shall recertify such person as an
emergency medical technician without the examination required for
initial certification specified in regulations adopted by the commissioner
pursuant to section 20-206oo.
[(i)] (j) Any person certified as an emergency medical responder,
emergency medical technician, advanced emergency medical technician
or emergency medical services instructor pursuant to this chapter and
the regulations adopted pursuant to section 20-206oo whose
certification has expired may apply to the Department of Public Health
for reinstatement of such certification, provided such person completes
the requirements for renewal certification specified in this section. Any
certificate issued pursuant to this section shall remain valid for ninety
days after the expiration date of such certificate and become void upon
the expiration of such ninety-day period.
[(j)] (k) The Commissioner of Public Health shall issue an emergency
medical technician certification to an applicant who is a member of the
armed forces or the National Guard or a veteran and who (1) presents
evidence satisfactory to the commissioner that such applicant holds a
current certification as a person entitled to perform similar services
under a different designation by the National Registry of Emergency
Medical Technicians, or (2) satisfies the regulations promulgated
pursuant to subdivision (3) of subsection (a) of section 19a-179. Such
applicant shall be exempt from any written or practical examination
requirement for certification.
[(k)] (l) For the purposes of this section, "veteran" means any person
who was discharged or released under conditions other than
dishonorable from active service in the armed forces and "armed forces"
has the same meaning as provided in section 27-103. Substitute Senate Bill No. 2
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Sec. 10. Section 19a-14c of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) For the purposes of this section, "outpatient mental health
treatment" means the treatment of mental disorders, emotional
problems or maladjustments with the object of (1) removing, modifying
or retarding existing symptoms; (2) improving disturbed patterns of
behavior; and (3) promoting positive personality growth and
development. Treatment shall not include prescribing or otherwise
dispensing any medication which is a legend drug as defined in section
20-571.
(b) A psychiatrist licensed pursuant to chapter 370, a psychologist
licensed pursuant to chapter 383, an independent social worker certified
pursuant to chapter 383b or a marital and family therapist licensed
pursuant to chapter 383a may provide outpatient mental health
treatment to a minor without the consent or notification of a parent or
guardian at the request of the minor if (1) requiring the consent or
notification of a parent or guardian would cause the minor to reject such
treatment; (2) the provision of such treatment is clinically indicated; (3)
the failure to provide such treatment would be seriously detrimental to
the minor's well-being; (4) the minor has knowingly and voluntarily
sought such treatment; and (5) in the opinion of the provider of
treatment, the minor is mature enough to participate in treatment
productively. The provider of such treatment shall document the
reasons for any determination made to treat a minor without the consent
or notification of a parent or guardian and shall include such
documentation in the minor's clinical record, along with a written
statement signed by the minor stating that (A) [he] the minor is
voluntarily seeking such treatment; (B) [he] the minor has discussed
with the provider the possibility of involving his or her parent or
guardian in the decision to pursue such treatment; (C) [he] the minor
has determined it is not in his or her best interest to involve his or her Substitute Senate Bill No. 2
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parent or guardian in such decision; and (D) [he] the minor has been
given adequate opportunity to ask the provider questions about the
course of his or her treatment.
(c) [After the sixth session of outpatient mental health treatment
provided to a minor pursuant to this section, the provider of such
treatment shall notify the minor that the consent, notification or
involvement of a parent or guardian is required to continue treatment,
unless such a requirement would be seriously detrimental to the minor's
well-being. If the provider determines such a requirement would be
seriously detrimental to the minor's well-being, he shall document such
determination in the minor's clinical record, review such determination
every sixth session thereafter and document each such review. If the
provider determines such a requirement would no longer be seriously
detrimental to the minor's well-being, he shall require the consent,
notification or involvement of a parent or guardian as a condition of
continuing treatment.] (1) Except as otherwise provided in subdivision
(2) of this subsection, a minor may request and receive as many
outpatient mental health treatment sessions as necessary without the
consent or notification of a parent or guardian. No provider shall notify
a parent or guardian of treatment provided pursuant to this section or
disclose any information concerning such treatment to a parent or
guardian without the consent of the minor.
(2) A provider may notify a parent or guardian of treatment provided
pursuant to this section or disclose certain information concerning such
treatment without the consent of the minor who receives such treatment
provided (A) such provider determines such notification or disclosure
is necessary for the minor's well-being, (B) the treatment provided to the
minor is solely for mental health and not for a substance use disorder,
and (C) the minor is provided an opportunity to express any objection
to such notification or disclosure. The provider shall document his or
her determination concerning such notification or disclosure and any Substitute Senate Bill No. 2
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objections expressed by the minor in the minor's clinical record. A
provider may disclose to a minor's parent or guardian the following
information concerning such minor's outpatient mental health
treatment: (i) Diagnosis; (ii) treatment plan and progress in treatment;
(iii) recommended medications, including risks, benefits, side effects,
typical efficacy, dose and schedule; (iv) psychoeducation about the
minor's mental health; (v) referrals to community resources; (vi)
coaching on parenting or behavioral management strategies; and (vii)
crisis prevention planning and safety planning. A provider shall release
a minor's entire clinical record to another provider upon the request of
the minor or such minor's parent or guardian.
(d) A parent or guardian who is not informed of the provision of
outpatient mental health treatment for his or her minor child pursuant
to this section shall not be liable for the costs of the treatment provided.
Sec. 11. Subsection (a) of section 10-148a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) For the school year commencing July 1, [2019] 2021, and each
school year thereafter, each certified employee shall participate in a
program of professional development. Each local and regional board of
education shall make available, annually, at no cost to its certified
employees, a program of professional development that is not fewer
than eighteen hours in length, of which a preponderance is in a small
group or individual instructional setting. Such program of professional
development shall (1) be a comprehensive, sustained and intensive
approach to improving teacher and administrator effectiveness in
increasing student knowledge achievement, (2) focus on refining and
improving various effective teaching methods that are shared between
and among educators, (3) foster collective responsibility for improved
student performance, (4) be comprised of professional learning that (A)
is aligned with rigorous state student academic achievement standards, Substitute Senate Bill No. 2
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(B) is conducted among educators at the school and facilitated by
principals, coaches, mentors, distinguished educators, as described in
section 10-145s, or other appropriate teachers, (C) occurs frequently on
an individual basis or among groups of teachers in a job-embedded
process of continuous improvement, and (D) includes a repository of
best practices for teaching methods developed by educators within each
school that is continuously available to such educators for comment and
updating, and (5) include training in culturally responsive pedagogy
and practice. Each program of professional development shall include
professional development activities in accordance with the provisions
of subsection (b) of this section. The principles and practices of social-
emotional learning shall be integrated throughout the components of
such program of professional development described in subdivisions (1)
to (5), inclusive, of this subsection.
Sec. 12. Subsection (b) of section 10-220a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) Not later than a date prescribed by the commissioner, each local
and regional board of education shall establish a professional
development and evaluation committee. Such professional
development and evaluation committee shall consist of (1) at least one
teacher, as defined in subsection (a) of section 10-144d, selected by the
exclusive bargaining representative for certified employees chosen
pursuant to section 10-153b, (2) at least one administrator, as defined in
subsection (a) of section 10-144e, selected by the exclusive bargaining
representative for certified employees chosen pursuant to section 10-
153b, and (3) such other school personnel as the board deems
appropriate. The duties of such committees shall include, but not be
limited to, participation in the development or adoption of a teacher
evaluation and support program for the district, pursuant to section 10-
151b, and the development, evaluation and annual updating of a Substitute Senate Bill No. 2
Public Act No. 21-46 19 of 43
comprehensive local professional development plan for certified
employees of the district. Such plan shall: (A) Be directly related to the
educational goals prepared by the local or regional board of education
pursuant to subsection (b) of section 10-220, as amended by this act, (B)
on and after July 1, [2011] 2021, be developed with full consideration of
the priorities and needs related to student social-emotional learning, in
accordance with the provisions of section 10-148a, as amended by this
act, and student academic outcomes as determined by the State Board
of Education, [and] (C) provide for the ongoing and systematic
assessment and improvement of both teacher evaluation and
professional development of the professional staff members of each
such board, including personnel management and evaluation training
or experience for administrators, [shall] and (D) be related to regular
and special student needs and may include provisions concerning
career incentives and parent involvement. The State Board of Education
shall develop guidelines to assist local and regional boards of education
in determining the objectives of the plans and in coordinating staff
development activities with student needs and school programs.
Sec. 13. Subsection (b) of section 10-220 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) The board of education of each local or regional school district
shall, with the participation of parents, students, school administrators,
teachers, citizens, local elected officials and any other individuals or
groups such board shall deem appropriate, prepare a statement of
educational goals for such local or regional school district. The
statement of goals shall be consistent with state-wide goals pursuant to
subsection (c) of section 10-4 and include goals for the integration of
principles and practices of social-emotional learning in the program of
professional development for the school district, in accordance with the
provisions of section 10-148a, as amended by this act, and career Substitute Senate Bill No. 2
Public Act No. 21-46 20 of 43
placement for students who do not pursue an advanced degree
immediately after graduation. Each local or regional board of education
shall annually establish student objectives for the school year which
relate directly to the statement of educational goals prepared pursuant
to this subsection and which identify specific expectations for students
in terms of skills, knowledge and competence.
Sec. 14. Section 10-221 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) As used in this section, "virtual learning" means instruction by
means of one or more Internet-based software platforms as part of an
in-person or remote learning model.
[(a)] (b) Boards of education shall prescribe rules for the management,
studies, classification and discipline of the public schools and, subject to
the control of the State Board of Education, the textbooks to be used;
shall make rules for the control, within their respective jurisdictions, of
school library media centers, including Internet access and content, and
approve the selection of books and other educational media therefor,
and shall approve plans for public school buildings and superintend
any high or graded school in the manner specified in this title.
[(b) Not later than July 1, 1985, each] (c) Each local and regional board
of education shall develop, adopt and implement written policies
concerning homework, attendance, promotion and retention. The
Department of Education shall make available model policies and
guidelines to assist local and regional boards of education in meeting
the responsibilities enumerated in this subsection.
[(c)] (d) Boards of education may prescribe rules to impose sanctions
against pupils who damage or fail to return textbooks, library materials
or other educational materials. Said boards may charge pupils for such
damaged or lost textbooks, library materials or other educational Substitute Senate Bill No. 2
Public Act No. 21-46 21 of 43
materials and may withhold grades, transcripts or report cards until the
pupil pays for or returns the textbook, library book or other educational
material.
[(d) Not later than July 1, 1991, each] (e) Each local and regional board
of education shall develop, adopt and implement policies and
procedures in conformity with section 10-154a for (1) dealing with the
use, sale or possession of alcohol or controlled drugs, as defined in
subdivision (8) of section 21a-240, by public school students on school
property, including a process for coordination with, and referral of such
students to, appropriate agencies, and (2) cooperating with law
enforcement officials.
[(e) Not later than July 1, 1990, each] (f) Each local and regional board
of education shall adopt a written policy and procedures for dealing
with youth suicide prevention and youth suicide attempts. Each such
board of education may establish a student assistance program to
identify risk factors for youth suicide, procedures to intervene with such
youths, referral services and training for teachers and other school
professionals and students who provide assistance in the program.
[(f) Not later than September 1, 1998, each] (g) (1) Each local and
regional board of education shall develop, adopt and implement written
policies and procedures to encourage parent-teacher communication.
These policies and procedures may include monthly newsletters,
required regular contact with all parents, flexible parent-teacher
conferences, drop-in hours for parents, home visits and the use of
technology such as homework hot lines to allow parents to check on
their children's assignments and students to [get] receive assistance if
needed. [For the school year commencing July 1, 2010, and each school
year thereafter, such] Such policies and procedures shall require the
district to conduct two flexible parent-teacher conferences for each
school year. Substitute Senate Bill No. 2
Public Act No. 21-46 22 of 43
(2) For the school year commencing July 1, 2021, and each school year
thereafter, the policies and procedures described in subdivision (1) of
this subsection shall require the district to (A) offer parents the option
of attending any parent-teacher conference by telephonic, video or other
conferencing platform, (B) conduct one parent-teacher conference, in
addition to those required pursuant to subdivision (1) of this subsection,
during periods when such district provides virtual learning for more
than three consecutive weeks, and one additional parent-teacher
conference every six months thereafter for the duration of such period
of virtual learning, and (C) request from each student's parent the name
and contact information of an emergency contact person who may be
contacted if the student's parent cannot be reached to schedule a parent-
teacher conference required pursuant to subparagraph (B) of this
subdivision.
(3) On and after January 1, 2022, such policies and procedures shall
require (A) a teacher conducting a parent-teacher conference required
pursuant to subparagraph (B) of subdivision (2) of this subsection to
provide a copy of the document developed pursuant to section 15 of this
act to the parent prior to the parent-teacher conference, and (B) if a
teacher is unable to make contact with a student's parent in order to
schedule a parent-teacher conference required pursuant to
subparagraph (B) of subdivision (2) of this subsection after making three
attempts, such teacher shall report such inability to the school principal,
school counselor or other school administrator designated by the local
or regional board of education. Such principal, counselor or
administrator shall contact any emergency contact person designated by
the student's parent pursuant to subparagraph (C) of subdivision (2) of
this subsection to ascertain such student and family's health and safety.
Sec. 15. (NEW) (Effective from passage) Not later than December 1,
2021, the Department of Education shall develop, and annually update,
a document for use by local and regional boards of education that Substitute Senate Bill No. 2
Public Act No. 21-46 23 of 43
provides information concerning educational, safety, mental health and
food insecurity resources and programs available for students and their
families. Such document shall contain, but need not be limited to, (1)
providers of such resources and programs, including, but not limited to,
the Departments of Education, Children and Families and Mental
Health and Addiction Services, the United Way of Connecticut and local
food banks, (2) descriptions of the relevant resources and programs
offered by each provider, including, but not limited to, any program that
provides laptop computers, public Internet access or home Internet
service to students, (3) contact information for each provider, resource
and program, and (4) relevant Internet web sites. The Department of
Education shall annually distribute such document electronically to
each local and regional board of education.
Sec. 16. (NEW) (Effective from passage) (a) As used in this section,
"virtual learning" means instruction by means of one or more Internet-
based software platforms as part of an in-person or remote learning
model.
(b) Not later than January 1, 2022, the Commissioner of Education
shall develop, and update as necessary, standards for virtual learning.
The standards shall not be deemed to be regulations, as defined in
section 4-166 of the general statutes.
(c) For the school year commencing July 1, 2022, and each school year
thereafter, a local or regional board of education may authorize virtual
learning to students in grades nine to twelve, inclusive, provided such
board (1) provides such instruction in compliance with the standards
developed pursuant to subsection (b) of this section, and (2) adopts a
policy regarding the requirements for student attendance during virtual
learning, which shall (A) be in compliance with the Department of
Education's guidance on student attendance during virtual learning,
and (B) count the attendance of any student who spends not less than
one-half of the school day during such instruction engaged in (i) virtual Substitute Senate Bill No. 2
Public Act No. 21-46 24 of 43
classes, (ii) virtual meetings, (iii) activities on time-logged electronic
systems, and (iv) the completion and submission of assignments.
Sec. 17. Section 10-16 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
Each school district shall provide in each school year no less than one
hundred and eighty days of actual school sessions for grades
kindergarten to twelve, inclusive, nine hundred hours of actual school
work for full-day kindergarten and grades one to twelve, inclusive, and
four hundred and fifty hours of half-day kindergarten, provided school
districts shall not count more than seven hours of actual school work in
any school day towards the total required for the school year. Virtual
learning shall be considered an actual school session for purposes of this
section, provided such virtual learning is conducted in compliance with
the standards developed pursuant to subsection (b) of section 16 of this
act. If weather conditions result in an early dismissal or a delayed
opening of school, a school district which maintains separate morning
and afternoon half-day kindergarten sessions may provide either a
morning or afternoon half-day kindergarten session on such day. As
used in this section, "virtual learning" means instruction by means of
one or more Internet-based software platforms as part of an in-person
or remote learning model.
Sec. 18. Section 10-198b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
[On or before July 1, 2012, the] The State Board of Education shall
define "excused absence", [and] "unexcused absence" [, and on or before
January 1, 2016, the State Board of Education shall define] and
"disciplinary absence" for use by local and regional boards of education
for the purposes of carrying out the provisions of section 10-198a,
reporting truancy, pursuant to subsection (c) of section 10-220, and
calculating the district chronic absenteeism rate and the school chronic Substitute Senate Bill No. 2
Public Act No. 21-46 25 of 43
absenteeism rate pursuant to section 10-198c. On or before July 1, 2021,
the State Board of Education shall amend the definitions of "excused
absence" and "unexcused absence" to exclude a student's engagement in
(1) virtual classes, (2) virtual meetings, (3) activities on time-logged
electronic systems, and (4) the completion and submission of
assignments, if such engagement accounts for not less than one-half of
the school day during virtual learning authorized pursuant to section 16
of this act. As used in this section, "virtual learning" means instruction
by means of one or more Internet-based software platforms as part of an
in-person or remote learning model.
Sec. 19. (NEW) (Effective July 1, 2021) (a) As used in this section and
section 10-198b of the general statutes, as amended by this act, "mental
health wellness day" describes a school day during which a student
attends to such student's emotional and psychological well-being in lieu
of attending school.
(b) For the school year commencing July 1, 2021, and each school year
thereafter, a local or regional board of education shall permit any
student enrolled in grades kindergarten to twelve, inclusive, to take two
mental health wellness days during the school year, during which day
such student shall not be required to attend school. No student shall
take mental health wellness days during consecutive school days.
Sec. 20. Section 10-215 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Any local or regional board of education may establish and
operate a school lunch program for public school children, may operate
lunch services for its employees, may establish and operate a school
breakfast program, as provided under federal laws governing said
programs, or may establish and operate such other child feeding
programs as it deems necessary. Charges for such lunches, breakfasts or
other such feeding may be fixed by such boards and shall not exceed the Substitute Senate Bill No. 2
Public Act No. 21-46 26 of 43
cost of food, wages and other expenses directly incurred in providing
such services. When such services are offered, a board shall provide free
lunches, breakfasts or other such feeding to children whose economic
needs require such action under the standards promulgated by said
federal laws. Such board is authorized to purchase equipment and
supplies that are necessary, to employ the necessary personnel, to utilize
the services of volunteers and to receive and expend any funds and
receive and use any equipment and supplies which may become
available to carry out the provisions of this section. Any town board of
education may vote to designate any volunteer organization within the
town to provide a school lunch program, school breakfast program or
other child feeding program in accordance with the provisions of this
section.
(b) For the school year commencing July 1, 2021, and each school year
thereafter, a local or regional board of education shall include in any
policy or procedure for the collection of unpaid charges for school
lunches, breakfasts or other such feeding applicable to employees and
third-party vendors of such school lunches, breakfasts or such feeding
(1) a prohibition on publicly identifying or shaming a child for any such
unpaid charges, including, but not limited to, delaying or refusing to
serve a meal to such child, designating a specific meal option for such
child or otherwise taking any disciplinary action against such child, (2)
a declaration of the right for any child to purchase a meal, which meal
may exclude any a la carte items or be limited to one meal for any school
lunch, breakfast or other such feeding, and (3) a procedure for
communicating with the parent or legal guardian of a child for the
purpose of collecting such unpaid charges. Such communication shall
include, but not be limited to, (A) information regarding local food
pantries, (B) applications for the school district's program for free or
reduced priced meals and for the supplemental nutrition assistance
program administered by the Department of Social Services, and (C) a
link to the Internet web site maintained by the town for such school Substitute Senate Bill No. 2
Public Act No. 21-46 27 of 43
district listing any community services available to the residents of such
town. In the event the unpaid charges for school lunches, breakfasts or
other such feeding due from any parent or legal guardian are equal to
or more than the cost of thirty meals, the local or regional board of
education shall refer such parent or legal guardian to the local homeless
education liaison designated by such board, pursuant to Subtitle B of
Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431
et seq., as amended from time to time.
(c) A local or regional board of education may accept gifts, donations
or grants from any public or private sources for the purpose of paying
off any unpaid charges for school lunches, breakfasts or other such
feeding.
Sec. 21. Section 17a-10a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) The Commissioner of Children and Families shall ensure that a
child placed in the care and custody of the commissioner pursuant to an
order of temporary custody or an order of commitment is provided
visitation with such child's parents and siblings, unless otherwise
ordered by the court.
(b) The commissioner shall ensure that such child's visits with his or
her parents, or opportunities to communicate with such child's parents
and siblings by telephonic, video or other conferencing platform in
accordance with the provisions of subsection (a) of this section, shall
occur as frequently as reasonably possible, based upon consideration of
the best interests of the child, including the age and developmental level
of the child, and shall be sufficient in number and duration to ensure
continuation of the relationship.
(c) If such child has an existing relationship with a sibling and is
separated from such sibling as a result of intervention by the Substitute Senate Bill No. 2
Public Act No. 21-46 28 of 43
commissioner including, but not limited to, placement in a foster home
or in the home of a relative, the commissioner shall, based upon
consideration of the best interests of the child, ensure that such child has
access to and visitation rights with such sibling throughout the duration
of such placement. In determining the number, frequency and duration
of sibling visits, the commissioner shall consider the best interests of
each sibling, given each child's age and developmental level and the
continuation of the sibling relationship. If the child and his or her sibling
both reside within the state and within fifty miles of each other, the
commissioner shall, within available appropriations, ensure that such
child's visits with his or her sibling occur, on average, not less than once
per week, unless the commissioner finds that the frequency of such
visitation is not in the best interests of each sibling.
(d) In the event of a pandemic or outbreak of a communicable disease
resulting in a declaration of a public health emergency by the Governor
pursuant to section 19a-131a, or a declaration of a national emergency
by the President of the United States, such child shall be provided
opportunities to communicate with such child's parents and siblings by
telephonic, video or other conferencing platform in lieu of in-person
visitation, for the duration of any such declaration. Not later than
January 1, 2022, the commissioner shall develop a policy that requires
the temporary cessation of in-person visitation provided pursuant to
this section, on a case-by-case basis, in the event that a child or such
child's parent or sibling is seriously ill due to a communicable disease,
and visitation could result in the contraction of such disease by one or
more participants in the visitation. Such policy shall require that such
child be provided an opportunity to communicate with such child's
parents and siblings by telephonic, video or other conferencing platform
in lieu of such visitation. The commissioner shall define "seriously ill"
and "communicable disease" for the purposes of carrying out this
subsection. Substitute Senate Bill No. 2
Public Act No. 21-46 29 of 43
[(d)] (e) The commissioner shall include in each child's case record
information relating to the factors considered in making visitation
determinations pursuant to this section. If the commissioner determines
that such visits are not in the best interests of the child, that the
occurrence of, on average, not less than one visit per week with his or
her sibling is not in the best interests of each sibling, or that the number,
frequency or duration of the visits requested by the child's attorney or
guardian ad litem is not in the best interests of the child, the
commissioner shall include the reasons for such determination in the
child's case record.
[(e)] (f) On or before October first of each year, the commissioner shall
report, in accordance with the provisions of section 11-4a, to the joint
standing committee of the General Assembly having cognizance of
matters relating to children, data sufficient to demonstrate compliance
with subsections (a), (c) and [(d)] (e) of this section. Such data shall
include the total annual number of children in out-of-home placements
who have siblings, the total number of child cases with documented
sibling visitation and the number of individual siblings involved in each
case.
Sec. 22. (NEW) (Effective July 1, 2021) Not later than February 1, 2022,
the Commissioner of Children and Families shall develop and maintain
a software application for use on computers and mobile devices to
facilitate (1) the reporting of nonemergent incidents to the Department
of Children and Families by mandated repor ters, and (2)
communication between children in the care and custody of the
commissioner and social workers assigned to such children.
Sec. 23. Section 17a-103d of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Upon receiving a complaint of abuse or neglect of a child, the
Department of Children and Families shall, at the time of any initial Substitute Senate Bill No. 2
Public Act No. 21-46 30 of 43
face-to-face contact with the child's parent or guardian on or after
October 1, [2011] 2021, provide the parent or guardian with (1) written
notice, in plain language, that: [(1)] (A) The parent or guardian is not
required to permit the representative of the department to enter the
residence of the parent or guardian; [(2)] (B) the parent or guardian is
not required to speak with the representative of the department at that
time; [(3)] (C) the parent or guardian is entitled to seek the
representation of an attorney and to have an attorney present when the
parent or guardian is questioned by a representative of the department,
including at any meeting conducted to determine whether the parent or
guardian's child should be removed from the home; [(4)] (D) any
statement made by the parent, guardian or other family member may
be used against the parent or guardian in an administrative or court
proceeding; [(5)] (E) the representative of the department is not an
attorney and cannot provide legal advice to the parent or guardian; [(6)]
(F) the parent or guardian is not required to sign any document
presented by the representative of the department, including, but not
limited to, a release of claims or a service agreement, and is entitled to
have an attorney review such document before agreeing to sign the
document; and [(7)] (G) a failure of the parent or guardian to
communicate with a representative of the department may have serious
consequences, which may include the department's filing of a petition
for the removal of the child from the home of the parent or guardian,
and therefore it is in the parent's or guardian's best interest to either
speak with the representative of the department or immediately seek
the advice of a qualified attorney; and (2) a list of providers of free and
low-cost legal services through which the parent or guardian may
obtain legal advice.
(b) The department shall make reasonable efforts to ensure that the
notice and list provided to a parent or guardian pursuant to this section
[is] are written in a manner that will be understood by the parent or
guardian, which reasonable efforts shall include, but not be limited to, Substitute Senate Bill No. 2
Public Act No. 21-46 31 of 43
ensuring that the notice [is] and list are written in a language
understood by the parent or guardian.
(c) The representative of the department shall request the parent or
guardian to sign and date the notice described in subsection (a) of this
section as evidence of having received the notice and list. If the parent
or guardian refuses to sign and date the notice upon such request, the
representative of the department shall specifically indicate on the notice
that the parent or guardian was requested to sign and date the notice
and refused to do so and the representative of the department shall sign
the notice as witness to the parent's or guardian's refusal to sign the
notice. The department shall provide the parent or guardian with a copy
of the signed notice at the time of the department's initial face-to-face
contact with the parent or guardian.
Sec. 24. Section 17a-248g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) Subject to the provisions of this section, funds appropriated to the
lead agency for purposes of section 17a-248, sections 17a-248b to 17a-
248f, inclusive, this section and sections 38a-490a and 38a-516a shall not
be used to satisfy a financial commitment for services that would have
been paid from another public or private source but for the enactment
of said sections, except for federal funds available pursuant to Part C of
the Individuals with Disabilities Education Act, 20 USC 1431 et seq.,
except that whenever considered necessary to prevent the delay in the
receipt of appropriate early intervention services by the eligible child or
family in a timely fashion, funds provided under said sections may be
used to pay the service provider pending reimbursement from the
public or private source that has ultimate responsibility for the payment.
(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f,
inclusive, this section and sections 38a-490a and 38a-516a shall be
construed to permit the Department of Social Services or any other state Substitute Senate Bill No. 2
Public Act No. 21-46 32 of 43
agency to reduce medical assistance pursuant to this chapter or other
assistance or services available to eligible children. Notwithstanding
any provision of the general statutes, costs incurred for early
intervention services that otherwise qualify as medical assistance that
are furnished to an eligible child who is also eligible for benefits
pursuant to this chapter shall be considered medical assistance for
purposes of payments to providers and state reimbursement to the
extent that federal financial participation is available for such services.
(c) Providers of early intervention services shall, in the first instance
and where applicable, seek payment from all third-party payers prior to
claiming payment from the birth-to-three system for services rendered
to eligible children, provided, for the purpose of seeking payment from
the Medicaid program or from other third-party payers as agreed upon
by the provider, the obligation to seek payment shall not apply to a
payment from a third-party payer who is not prohibited from applying
such payment, and who will apply such payment, to an annual or
lifetime limit specified in the third-party payer's policy or contract.
(d) The commissioner, in consultation with the Office of Policy and
Management and the Insurance Commissioner, shall adopt regulations,
pursuant to chapter 54, providing public reimbursement for deductibles
and copayments imposed under an insurance policy or health benefit
plan to the extent that such deductibles and copayments are applicable
to early intervention services.
(e) [The commissioner shall establish and periodically revise, in
accordance with this section, a schedule of fees based on a sliding scale
for early intervention services. The schedule of fees shall consider the
cost of such services relative to the financial resources of the state and
the parents or legal guardians of eligible children, provided that on and
after October 6, 2009, the commissioner shall (1) charge fees to such
parents or legal guardians that are sixty per cent greater than the
amount of the fees charged on the date prior to October 6, 2009; and (2) Substitute Senate Bill No. 2
Public Act No. 21-46 33 of 43
charge fees for all services provided, including those services provided
in the first two months following the enrollment of a child in the
program. Fees may be charged to any such parent or guardian,
regardless of income, and shall be charged to any such parent or
guardian with a gross annual family income of forty-five thousand
dollars or more, except that no fee may be charged to the parent or
guardian of a child who is eligible for Medicaid. Notwithstanding the
provisions of subdivision (8) of section 17a-248, as used in this
subsection, "parent" means the biological or adoptive parent or legal
guardian of any child receiving early intervention services. The lead
agency may assign its right to collect fees to a designee or provider
participating in the early intervention program and providing services
to a recipient in order to assist the provider in obtaining payment for
such services. The commissioner may implement procedures for the
collection of the schedule of fees while in the process of adopting or
amending such criteria in regulation, provided the commissioner posts
notice of intention to adopt or amend the regulations on the
eRegulations System, established pursuant to section 4-173b, within
twenty days of implementing the policy. Such collection procedures and
schedule of fees shall be valid until the time the final regulations or
amendments are effective] The commissioner shall not charge a fee for
early intervention services to the parents or legal guardians of eligible
children.
(f) [The] With respect to early intervention services rendered prior to
the effective date of this section, the commissioner shall develop and
implement procedures to hold a recipient harmless for the impact of
pursuit of payment for [early intervention] such services against lifetime
insurance limits.
(g) Notwithstanding any provision of title 38a relating to the
permissible exclusion of payments for services under governmental
programs, no such exclusion shall apply with respect to payments made Substitute Senate Bill No. 2
Public Act No. 21-46 34 of 43
pursuant to section 17a-248, sections 17a-248b to 17a-248f, inclusive, this
section and sections 38a-490a and 38a-516a. Except as provided in this
subsection, nothing in this section shall increase or enhance coverages
provided for within an insurance contract subject to the provisions of
section 10-94f, subsection (a) of section 10-94g, subsection (a) of section
17a-219b, subsection (a) of section 17a-219c, sections 17a-248, 17a-248b
to 17a-248f, inclusive, this section, and sections 38a-490a and 38a-516a.
Sec. 25. Subdivision (10) of subsection (a) of section 10-76d of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(10) (A) Each local and regional board of education responsible for
providing special education and related services to a child or pupil shall
notify the parent or guardian of a child who requires or who may
require special education, a pupil if such pupil is an emancipated minor
or eighteen years of age or older who requires or who may require
special education or a surrogate parent appointed pursuant to section
10-94g, in writing, at least five school days before such board proposes
to, or refuses to, initiate or change the child's or pupil's identification,
evaluation or educational placement or the provision of a free
appropriate public education to the child or pupil.
(B) Upon request by a parent, guardian, pupil or surrogate parent,
the responsible local or regional board of education shall provide such
parent, guardian, pupil or surrogate parent an opportunity to meet with
a member of the planning and placement team designated by such
board prior to the referral planning and placement team meeting at
which the assessments and evaluations of the child or pupil who
requires or may require special education is presented to such parent,
guardian, pupil or surrogate parent for the first time. Such meeting shall
be for the sole purpose of discussing the planning and placement team
process and any concerns such parent, guardian, pupil or surrogate
parent has regarding the child or pupil who requires or may require Substitute Senate Bill No. 2
Public Act No. 21-46 35 of 43
special education.
(C) Such parent, guardian, pupil or surrogate parent shall (i) be given
at least five school days' prior notice of any planning and placement
team meeting conducted for such child or pupil, (ii) have the right to be
present at and participate in all portions of such meeting at which an
educational program for such child or pupil is developed, reviewed or
revised, [and] (iii) have the right to have (I) advisors of such person's
own choosing and at such person's own expense, [and to have] (II) the
school paraprofessional assigned to such child or pupil, if any, [to be
present at and to] and (III) such child or pupil's birth-to-three service
coordinator, if any, attend and participate in all portions of such meeting
at which an educational program for such child or pupil is developed,
reviewed or revised, and (iv) have the right to have each
recommendation made in such child or pupil's birth -to-three
individualized transition plan, as required by section 17a-248e, as
amended by this act, if any, addressed by the planning and placement
team during such meeting at which an educational program for such
child or pupil is developed.
(D) Immediately upon the formal identification of any child as a child
requiring special education and at each planning and placement team
meeting for such child, the responsible local or regional board of
education shall inform the parent or guardian of such child or surrogate
parent or, in the case of a pupil who is an emancipated minor or eighteen
years of age or older, the pupil of (i) the laws relating to special
education, (ii) the rights of such parent, guardian, surrogate parent or
pupil under such laws and the regulations adopted by the State Board
of Education relating to special education, including the right of a
parent, guardian or surrogate parent to (I) withhold from enrolling such
child in kindergarten, in accordance with the provisions of section 10-
184, and (II) have advisors and the school paraprofessional assigned to
such child or pupil [to be present at, and to] attend and participate in [,] Substitute Senate Bill No. 2
Public Act No. 21-46 36 of 43
all portions of such meeting at which an educational program for such
child or pupil is developed, reviewed or revised, in accordance with the
provisions of subparagraph (C) of this subdivision, and (iii) any relevant
information and resources relating to individualized education
programs created by the Department of Education, including, but not
limited to, information relating to transition resources and services for
high school students. If such parent, guardian, surrogate parent or pupil
does not attend a planning and placement team meeting, the responsible
local or regional board of education shall mail such information to such
person.
(E) Each local and regional board of education shall have in effect at
the beginning of each school year an educational program for each child
or pupil who has been identified as eligible for special education.
(F) At each initial planning and placement team meeting for a child
or pupil, the responsible local or regional board of education shall
inform the parent, guardian, surrogate parent or pupil of (i) the laws
relating to physical restraint and seclusion pursuant to section 10-236b
and the rights of such parent, guardian, surrogate parent or pupil under
such laws and the regulations adopted by the State Board of Education
relating to physical restraint and seclusion, and (ii) the right of such
parent, guardian, surrogate parent or pupil, during such meeting at
which an educational program for such child or pupil is developed, to
have (I) such child or pupil's birth-to-three service coordinator attend
and participate in all portions of such meeting, and (II) each
recommendation made in the transition plan, as required by section 17a-
248e, as amended by this act, by such child or pupil's birth-to-three
service coordinator addressed by the planning and placement team.
(G) Upon request by a parent, guardian, pupil or surrogate parent,
the responsible local or regional board of education shall provide the
results of the assessments and evaluations used in the determination of
eligibility for special education for a child or pupil to such parent, Substitute Senate Bill No. 2
Public Act No. 21-46 37 of 43
guardian, surrogate parent or pupil at least three school days before the
referral planning and placement team meeting at which such results of
the assessments and evaluations will be discussed for the first time.
(H) Each local or regional board of education shall monitor the
development of each child who, pursuant to subsection (a) of section
17a-248e, as amended by this act, has been (i) referred for a registration
on a mobile application designated by the Commissioner of Early
Childhood, in partnership with such child's parent, guardian or
surrogate parent, or (ii) provided a form for such child's parent,
guardian or surrogate parent to complete and submit to such local or
regional board of education that screens for developmental and social-
emotional delays using a validated screening tool, such as the Ages and
Stages Questionnaire and the Ages and Stages Social-Emotional
Questionnaire, or its equivalent. If such monitoring results in suspecting
a child of having a developmental delay, the board shall schedule a
planning and placement team meeting with such child's parent,
guardian or surrogate parent for the purposes of identifying services for
which such child may be eligible, including, but not limited to, a
preschool program under Part B of the Individuals with Disabilities Act,
20 USC 1471 et seq. If a parent, guardian or surrogate parent of any child
referred for a registration on the mobile application or provided a form
to complete and submit pursuant to subsection (a) of section 17a-248e,
as amended by this act, fails to complete such registration or complete
and submit such form after a period of six months from the date of such
referral or provision of such form, the board shall send a reminder, in
the form and manner determined by the board, to such parent, guardian
or surrogate parent to complete such registration or complete and
submit such form. The board shall send another reminder after a period
of one year from such referral or provision of such form if such
registration remains incomplete or such form is not submitted.
Sec. 26. Subsection (i) of section 10-76d of the general statutes is Substitute Senate Bill No. 2
Public Act No. 21-46 38 of 43
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(i) (1) No local or regional board of education shall discipline,
suspend, terminate or otherwise punish any member of a planning and
placement team employed by such board who discusses or makes
recommendations concerning the provision of special education and
related services for a child during a planning and placement team
meeting for such child.
(2) No birth-to-three service coordinator or qualified personnel, as
those terms are defined in section 17a-248, who discusses or makes
recommendations concerning the provision of special education and
related services for a child during a planning and placement team
meeting for such child or in a transition plan, as required by section 17a-
248e, as amended by this act, shall be subject to discipline, suspension,
termination or other punishment on the basis of such recommendations.
Sec. 27. Subsection (a) of section 17a-248e of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) Each eligible child and his or her family shall receive (1) a
multidisciplinary assessment of the child's unique needs and the
identification of services appropriate to meet such needs, (2) a written
individualized family service plan developed by a multidisciplinary
team, including the parent, within forty-five days after the referral,
[and] (3) review of the individualized family service plan with the
family at least every six months, with evaluation of the individualized
family service plan at least annually, and (4) not later than two months
after the date on which any child is determined to be ineligible for
participation in preschool programs under Part B of the Individuals
with Disabilities Act, 20 USC 1471 et seq., a referral to register for a
mobile application designated by the Commissioner of Early Childhood Substitute Senate Bill No. 2
Public Act No. 21-46 39 of 43
for the purpose of continued screening for developmental and social-
emotional delays in partnership with the local or regional board of
education for the school district in which such child resides pursuant to
subparagraph (H) of subdivision (10) of subsection (a) of section 10a-
76d, as amended by this act, provided a form used for screening for
developmental and social-emotional delays using a validated screening
tool, such as the Ages and Stages Questionnaire and the Ages and Stages
Social-Emotional Questionnaire, or its equivalent, is provided to any
family upon the request of such family for the purpose of completing
and submitting such form to the local or regional board of education for
the school district in which such child resides.
Sec. 28. (NEW) (Effective from passage) Not later than July 1, 2022, the
Commissioner of Early Childhood shall develop and implement a plan
to expand the birth-to-three program, established pursuant to section
17a-248b of the general statutes, as amended by this act, to provide early
intervention services to any child who is (1) enrolled in the program, (2)
turns three years of age on or after May first and not later than the first
day of the next school year commencing July first, and (3) is eligible for
participation in preschool programs under Part B of the Individuals
with Disabilities Act, 20 USC 1471 et seq., provided such services shall
terminate upon such child's participation in such a preschool program.
The commissioner may adopt regulations in accordance with chapter 54
of the general statutes to implement the provisions of this section.
Sec. 29. (NEW) (Effective July 1, 2021) For the school year commencing
July 1, 2022, and each school year thereafter, in any school district that
serves a town that has not convened or established a local or regional
school readiness council pursuant to section 10-16r of the general
statutes, the local or regional board of education for such school district
shall designate a school readiness liaison. Such liaison shall (1) be an
existing employee of such school district, and (2) serve as an
informational resource for parents of children transitioning from the Substitute Senate Bill No. 2
Public Act No. 21-46 40 of 43
birth-to-three program established pursuant to section 17a-248 of the
general statutes, to enrollment in a public elementary school in such
school district.
Sec. 30. (Effective from passage) (a) There is established a task force to
study the comprehensive needs of children in the state and the extent to
which such needs are being met by educators, community members and
local and state agencies. The task force shall (1) identify the needs of
children using the following tenets of the whole child initiative
developed by the Association for Supervision and Curriculum
Development: (A) Each student enters school healthy and learns about
and practices a healthy lifestyle, (B) each student learns in an
environment that is physically and emotionally safe for students and
adults, (C) each student is actively engaged in learning and is connected
to the school and broader community, (D) each student has access to
personalized learning and is supported by qualified, caring adults, and
(E) each student is challenged academically and prepared for success in
college or further study and for employment and participation in a
global environment; (2) recommend new programs or changes to
existing programs operated by educators or local or state agencies to
better address the needs of children in the state; (3) recognize any
exceptional efforts to meet the comprehensive needs of children by
educators, community members or local or state agencies; (4) identify
and advocate for resources, including, but not limited to, funds,
required to meet the needs of children in the state; (5) identify
redundancies in existing services or programs for children and advocate
for the elimination of such redundancies; and (6) assess all publicly
available data concerning the comprehensive needs of children
identified pursuant to subdivision (1) of this subsection and collect, or
make recommendations for the state to collect, any data that is not being
collected by educators, community members or local or state agencies.
As used in this section, "community member" means any individual or
private organization that provides services or programs for children. Substitute Senate Bill No. 2
Public Act No. 21-46 41 of 43
(b) The task force shall consist of the following members:
(1) Two appointed by the speaker of the House of Representatives,
one of whom is an educator employed by a local or regional board of
education and one of whom is a social worker licensed pursuant to
chapter 383b of the general statutes who works with children;
(2) Two appointed by the president pro tempore of the Senate, one of
whom is a representative of the board of directors of the Association for
Supervision and Curriculum Development affiliate in the state, and one
of whom is representative of an institution of higher education in the
state;
(3) One appointed by the majority leader of the House of
Representatives, who is a school administrator employed by a local or
regional board of education;
(4) One appointed by the majority leader of the Senate, who is a
chairperson of a local or regional board of education;
(5) One appointed by the minority leader of the House of
Representatives, who is a director or employee of a private nonprofit
organization in the state that provides services or programs for children;
(6) One appointed by the minority leader of the Senate, who is a
director or employee of a private nonprofit organization in the state that
provides health-related services or programs for children;
(7) The Commissioner of Education, or the commissioner's designee;
(8) The Commissioner of Early Childhood, or the commissioner's
designee;
(9) The Healthcare Advocate, or the advocate's designee;
(10) The Labor Commissioner, or the commissioner's designee; Substitute Senate Bill No. 2
Public Act No. 21-46 42 of 43
(11) The executive director of the Commission on Human Rights and
Opportunities, or the executive director's designee;
(12) The Commissioner of Agriculture, or the commissioner's
designee;
(13) The Commissioner of Economic and Community Development,
or the commissioner's designee;
(14) The Commissioner of Housing, or the commissioner's designee;
(15) The Commissioner of Public Health, or the commissioner's
designee;
(16) The Commissioner of Developmental Service s, or the
commissioner's designee;
(17) The Commissioner of Mental Health and Addiction Services, or
the commissioner's designee;
(18) The Commissioner of Transportation, or the commissioner's
designee;
(19) The Commissioner of Social Services, or the commissioner's
designee;
(20) The superintendent of the Technical Education and Career
System, or the superintendent's designee;
(21) The Commissioner of Children and Families, or the
commissioner's designee;
(22) The Chief Court Administrator, or the Chief Co urt
Administrator's designee; and
(23) The director of Special Education Equity for Kids of Connecticut,
or the director's designee. Substitute Senate Bill No. 2
Public Act No. 21-46 43 of 43
(c) Any member of the task force appointed under subdivisions (1) to
(6), inclusive, of subsection (b) of this section may be a member of the
General Assembly.
(d) All initial appointments to the task force shall be made not later
than thirty days after the effective date of this section. Any vacancy shall
be filled by the appointing authority not later than thirty days after the
vacancy occurs. If a vacancy is not filled by the appointing authority, the
chairpersons of the task force may fill such vacancy.
(e) The speaker of the House of Representatives and the president pro
tempore of the Senate shall select the chairpersons of the task force from
among the members of the task force. Such chairpersons shall schedule
the first meeting of the task force, which shall be held not later than sixty
days after the effective date of this section.
(f) The administrative staff of the joint standing committee of the
General Assembly having cognizance of matters relating to children
shall serve as administrative staff of the task force.
(g) Not later than January 1, 2022, the task force shall submit a report
on its findings and recommendations to the joint standing committee of
the General Assembly having cognizance of matters relating to children,
in accordance with the provisions of section 11-4a of the general statutes.
The task force shall terminate on the date that it submits such report or
January 1, 2022, whichever is later.