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Connecticut Senate Bill SB00232

Connecticut 2022 Regular Session

Connecticut Senate Bill SB00232 Compare Versions

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77 General Assembly Substitute Bill No. 232
88 February Session, 2022
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14-AN ACT CONCERNING AN ANALYSIS OF SPECIAL EDUCATION
15-EXPENDITURES BY LOCAL AND REGIONAL BOARDS OF
14+AN ACT CONCERNING THE EXCESS COST GRANT FOR SPECIAL
1615 EDUCATION.
1716 Be it enacted by the Senate and House of Representatives in General
1817 Assembly convened:
1918
20-Section 1. (Effective from passage) The Department of Education shall 1
21-compile and analyze information from local and regional boards of 2
22-education throughout the state concerning the costs of special 3
23-education. The department shall identify local and regional boards of 4
24-education having expenditures on special education that are (1) two and 5
25-one-half times the district's net current expenditures for education, (2) 6
26-three times such expenditures, (3) three and one-half times such 7
27-expenditures, and (4) four and one-half times such expenditures. Not 8
28-later than July 1, 2023, the department shall report, in accordance with 9
29-the provisions of section 11-4a of the general statutes, to the joint 10
30-standing committees of the General Assembly having cognizance of 11
31-matters relating to education and appropriations and the budgets of 12
32-state agencies concerning the results of such analysis, including, but not 13
33-limited to, the cost to reimburse local and regional boards of education 14
34-for their costs at each level of expenditures. 15
19+Section 1. Section 10-76g of the 2022 supplement to the general 1
20+statutes is repealed and the following is substituted in lieu thereof 2
21+(Effective July 1, 2022): 3
22+(a) (1) For the fiscal year ending June 30, 1984, and each fiscal year 4
23+thereafter, in any case in which special education is being provided at a 5
24+private residential institution, including the residential components of 6
25+regional educational service centers, to a child for whom no local or 7
26+regional board of education can be found responsible under subsection 8
27+(b) of section 10-76d, the Department of Children and Families shall pay 9
28+the costs of special education to such institution pursuant to its authority 10
29+under sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a-11
30+52 and 17b-251. (2) For the fiscal year ending June 30, 1993, and each 12
31+fiscal year thereafter, any local or regional board of education which 13
32+provides special education and related services for any child (A) who is 14
33+placed by a public agency, including, but not limited to, offices of a 15
34+government of a federally recognized Native American tribe, in a 16
35+private residential facility or who is placed in a facility or institution 17
36+operated by the Department of Children and Families and who receives 18 Substitute Bill No. 232
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43+such special education at a program operated by a regional education 19
44+service center or program operated by a local or regional board of 20
45+education, and (B) for whom no local or regional board of education can 21
46+be found responsible under subsection (b) of section 10-76d, shall be 22
47+eligible to receive one hundred per cent of the reasonable costs of special 23
48+education for such child as defined in the regulations of the State Board 24
49+of Education. Any such board eligible for payment shall file with the 25
50+Department of Education, in such manner as prescribed by the 26
51+Commissioner of Education, annually, on or before December first a 27
52+statement of the cost of providing special education for such child, 28
53+provided a board of education may submit, not later than March first, 29
54+claims for additional children or costs not included in the December 30
55+filing. Payment by the state for such costs shall be made to the local or 31
56+regional board of education as follows: Seventy-five per cent of the cost 32
57+in February and the balance in May. 33
58+(b) Any local or regional board of education which provides special 34
59+education pursuant to the provisions of sections 10-76a to 10-76g, 35
60+inclusive, for any exceptional child described in subparagraph (A) of 36
61+subdivision (5) of section 10-76a, under its jurisdiction, excluding (1) 37
62+children placed by a state agency for whom a board of education 38
63+receives payment pursuant to the provisions of subdivision (2) of 39
64+subsection (e) of section 10-76d, and (2) children who require special 40
65+education, who reside on state-owned or leased property, and who are 41
66+not the educational responsibility of the unified school districts 42
67+established pursuant to sections 17a-37 and 18-99a, shall be financially 43
68+responsible for the reasonable costs of special education instruction, as 44
69+defined in the regulations of the State Board of Education, in an amount 45
70+equal to (A) for any fiscal year commencing prior to July 1, 2005, five 46
71+times the average per pupil educational costs of such board of education 47
72+for the prior fiscal year, determined in accordance with the provisions 48
73+of subsection (a) of section 10-76f, and (B) for the fiscal year commencing 49
74+July 1, 2005, and each fiscal year thereafter, four and one-half times such 50
75+average per pupil educational costs of such board of education. [The] 51
76+Except as otherwise provided in subsection (d) of this section, the State 52 Substitute Bill No. 232
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83+Board of Education shall, within available appropriations, pay on a 53
84+current basis any costs in excess of the local or regional board's basic 54
85+contribution paid by such board in accordance with the provisions of 55
86+this subsection. Any amounts paid by the State Board of Education on a 56
87+current basis pursuant to this subsection shall not be reimbursable in the 57
88+subsequent year. Application for such grant shall be made by filing with 58
89+the Department of Education, in such manner as prescribed by the 59
90+commissioner, annually on or before December first a statement of the 60
91+cost of providing special education pursuant to this subsection, 61
92+provided a board of education may submit, not later than March first, 62
93+claims for additional children or costs not included in the December 63
94+filing. Payment by the state for such excess costs shall be made to the 64
95+local or regional board of education as follows: Seventy-five per cent of 65
96+the cost in February and the balance in May. The amount due each town 66
97+pursuant to the provisions of this subsection shall be paid to the 67
98+treasurer of each town entitled to such aid, provided the treasurer shall 68
99+treat such grant, or a portion of the grant, which relates to special 69
100+education expenditures incurred in excess of such town's board of 70
101+education budgeted estimate of such expenditures, as a reduction in 71
102+expenditures by crediting such expenditure account, rather than town 72
103+revenue. Such expenditure account shall be so credited no later than 73
104+thirty days after receipt by the treasurer of necessary documentation 74
105+from the board of education indicating the amount of such special 75
106+education expenditures incurred in excess of such town's board of 76
107+education budgeted estimate of such expenditures. 77
108+(c) Commencing with the fiscal year ending June 30, 1996, and for 78
109+each fiscal year thereafter, within available appropriations, each town 79
110+whose ratio of (1) net costs of special education, as defined in subsection 80
111+(h) of section 10-76f, for the fiscal year prior to the year in which the 81
112+grant is to be paid to (2) the product of its total need students, as defined 82
113+in section 10-262f, and the average regular program expenditures, as 83
114+defined in section 10-262f, per need student for all towns for such year 84
115+exceeds the state-wide average for all such ratios shall be eligible to 85
116+receive a supplemental special education grant. Such grant shall be 86 Substitute Bill No. 232
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123+equal to the product of a town's eligible excess costs and the town's base 87
124+aid ratio, as defined in section 10-262f, provided each town's grant shall 88
125+be adjusted proportionately if necessary to stay within the 89
126+appropriation. Payment pursuant to this subsection shall be made in 90
127+June. For purposes of this subsection, a town's eligible excess costs are 91
128+the difference between its net costs of special education and the amount 92
129+the town would have expended if it spent at the state-wide average rate. 93
130+(d) Notwithstanding the provisions of this section, for the fiscal [years 94
131+ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal years 95
132+ending June 30, 2010, to June 30, 2023, inclusive, the amount of the 96
133+grants payable to local or regional boards of education in accordance 97
134+with this section, except grants paid in accordance with subdivision (2) 98
135+of subsection (a) of this section, for the fiscal years ending June 30, 2006, 99
136+and June 30, 2007, and for the fiscal years ending June 30, 2010, to June 100
137+30, 2023, inclusive, shall be reduced proportionately if the total of such 101
138+grants in such year exceeds the amount appropriated for the purposes 102
139+of this section for such year.] year ending June 30, 2023, and each fiscal 103
140+year thereafter, if the total of the amount of the grants payable to local 104
141+or regional boards of education in accordance with this section, except 105
142+grants paid in accordance with subdivision (2) of subsection (a) of this 106
143+section, in any fiscal year exceeds the amount appropriated for the 107
144+purposes of this section for such fiscal year, then each town shall be 108
145+ranked in descending order from one to one hundred sixty-nine 109
146+according to such town's adjusted equalized net grand list per capita, as 110
147+defined in section 10-261, and the state board shall pay such grant to the 111
148+local or regional board of education for a town as follows: (1) For any 112
149+town ranked one hundred fifteen to one hundred sixty-nine, inclusive, 113
150+one hundred per cent of the amount of such town's eligible excess costs, 114
151+(2) for any town ranked fifty-nine to one hundred fourteen, inclusive, 115
152+ninety per cent of the amount of such town's eligible excess costs, and 116
153+(3) for any town ranked one to fifty-eight, inclusive, eighty per cent of 117
154+the amount of such town's eligible excess costs. In the case of a regional 118
155+board of education, such ranking shall be determined by (A) 119
156+multiplying the total population, as defined in section 10-261, of each 120 Substitute Bill No. 232
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163+town in the regional school district by such town's ranking, as 121
164+determined in this subsection, (B) adding together the figures 122
165+determined under subparagraph (A) of this subdivision, and (C) 123
166+dividing the total computed under subparagraph (B) of this subdivision 124
167+by the total population of all towns in the district. The ranking of each 125
168+regional board of education shall be rounded to the next higher whole 126
169+number.127
35170 This act shall take effect as follows and shall amend the following
36171 sections:
37172
38-Section 1 from passage New section Substitute Bill No. 232
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173+Section 1 July 1, 2022 10-76g
45174
46175 ED Joint Favorable Subst. C/R APP
47-APP Joint Favorable Subst.
48176