Connecticut 2023 Regular Session

Connecticut House Bill HB06883 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 6883
	5	+	General Assembly Raised Bill No. 6883
8	6		January Session, 2023
	7	+	LCO No. 5753
	8	+
	9	+
	10	+	Referred to Committee on EDUCATION
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ED)
	15	+
9	16
10	17
11	18
12	19		AN ACT CONCERNING STUDENTS WITH DEVELOPMENTAL
13	20		DISABILITIES.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. (NEW) (Effective July 1, 2023) (a) As used in this section and 1
18	25		sections 3, 4 and 11 of this act: 2
19	26		(1) "Transition service" means a service for a student who requires 3
20	27		special education to facilitate the student's transition from school to 4
21	28		postsecondary activities such as postsecondary education and training, 5
22	29		employment or independent living; 6
23	30		(2) "Transition program" means a coordinated set of transition 7
24	31		services; 8
25	32		(3) "Transition resources" means sources of information, counseling 9
26	33		or training concerning transition services or programs; 10
27	34		(4) "Public transition program" means a program operated by a local 11
28	35		or regional board of education or a regional educational service center 12
29		-	to provide transition services for a student who requires special 13
	36	+	to provide transition services for a student who requires special 13 Raised Bill No. 6883
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	38	+
	39	+
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30	42		education and is eighteen to twenty-two years of age, inclusive, based 14
31	43		on the goals set forth in such student's individualized education 15
32	44		program; and 16
33		-	(5) "Transition coordinator" means a director of pupil personnel or 17 Substitute Bill No. 6883
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	45	+	(5) "Transition coordinator" means a director of pupil personnel or 17
40	46		other person employed by a local or regional board of education, as 18
41	47		designated by such director, who assists parents and students in the 19
42	48		school district governed by such board navigate the transition resources, 20
43		-	transition services and transition programs available for such ~~students~~. 21
	49	+	transition services and transition programs available for such student. 21
44	50		(b) There is established an Office of Transition Services within the 22
45	51		Department of Education's Bureau of Special Education. The Office of 23
46	52		Transition Services shall (1) oversee the coordination of transition 24
47	53		resources, transition services and transition programs operated by each 25
48	54		state agency, including, but not limited to, the Departments of 26
49	55		Education, Developmental Services, Aging and Disability Services, 27
50	56		Mental Health and Addiction Services and Children and Families, (2) 28
51	57		establish minimum standards for public transition programs and 29
52	58		metrics for measuring such standards, (3) perform unannounced site 30
53	59		visits of public transition programs for the purpose of determining the 31
54	60		effectiveness of and suggesting improvements to such programs and 32
55	61		post data on its Internet web site related to how such public transition 33
56	62		program measured against the minimum standards established 34
57	63		pursuant to subdivision (2) of this subsection, (4) develop and make 35
58	64		available on the Department of Education's Internet web site a course 36
59	65		for educators and school staff who do not provide transition services to 37
60	66		inform such educators and staff about transition services and programs, 38
61	67		including, but not limited to, about the purpose, essential programming 39
62	68		and deadlines of such programs, (5) establish minimum standards for 40
63	69		the training of transition coordinators and maintain a record of each 41
64	70		transition coordinator completing the training program developed by 42
65	71		the Department of Education pursuant to section 3 of this act, (6) 43
66	72		establish best practices for the provision of transition services and 44
67	73		distribute such best practices to each transition coordinator, and (7) 45
68	74		develop, and update as needed, a training program concerning the legal 46
69		-	requirements and best practice recommendations for special education 47
	75	+	requirements and best practice recommendations for special education 47 Raised Bill No. 6883
	76	+
	77	+
	78	+
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	80	+
70	81		and transition services to be delivered through on-demand online 48
71	82		courses and, in the office's discretion, in person. 49
72		-	(c) The Commissioner of Education shall, within the limits of 50 Substitute Bill No. 6883
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	83	+	(c) The Commissioner of Education shall, within the limits of 50
79	84		available funds appropriated for the purpose of hiring staff, hire not 51
80	85		fewer than two full-time staff to carry out the duties of the Office of 52
81	86		Transition Services set forth in subsection (a) of this section. 53
82	87		Sec. 2. Section 10-74n of the general statutes is repealed and the 54
83	88		following is substituted in lieu thereof (Effective January 1, 2024): 55
84	89		(a) The State Board of Education and the Office of Transition Services, 56
85	90		established pursuant to section 1 of this act, in collaboration with the 57
86	91		Bureau of Rehabilitation Services, the Department of Developmental 58
87	92		Services and the Office of Workforce Strategy, shall: (1) Coordinate the 59
88	93		provision of transition resources, transition services and transition 60
89	94		programs, as those terms are defined in section 1 of this act, to children 61
90	95		requiring special education and related services, (2) [create, and update 62
91	96		as necessary, a fact sheet that lists the state agencies that provide 63
92	97		transition resources, services and programs and a brief description of 64
93	98		such transition resources, services and programs and] develop and 65
94	99		maintain an easily accessible and navigable online listing of the 66
95		-	transition resources, transition services and transition programs 67
96		-	provided by each such board, office or department, including, but not 68
97		-	limited to, for each resource, service and program (A) a plain language 69
98		-	description, (B) eligibility requirements, and (C) application deadlines 70
99		-	and instructions, (3) disseminate a notice concerning such [fact sheet] 71
100		-	online listing to local and regional boards of education for distribution 72
101		-	to parents, teachers, administrators and boards of education, and [(3)] 73
102		-	(4) annually collect information related to transition resources, 74
103		-	programs and services provided by other state agencies. [and make such 75
104		-	information available to parents, teachers, administrators and boards of 76
105		-	education.] 77
106		-	(b) For the school year commencing July 1, [2016] 2024, and each 78
107		-	school year thereafter, the State Board of Education shall distribute [the 79
108		-	information] a notice concerning the online listing described in 80
109		-	subdivision (2) of subsection (a) of this section to each local or regional 81
110		-	board of education. Each local or regional board of education shall 82
111		-	annually distribute such [information] notice to the parent of a child 83 Substitute Bill No. 6883
	100	+	transition resources, services and programs provided by such state 67
	101	+	agency, including, but not limited to, for each resource, service and 68
	102	+	program (A) a plain language description, (B) eligibility requirements, 69
	103	+	and (C) application deadlines and instructions, (3) disseminate a notice 70
	104	+	concerning such [fact sheet] online listing to local and regional boards 71
	105	+	of education for distribution to parents, teachers, administrators and 72
	106	+	boards of education, and [(3)] (4) annually collect information related to 73
	107	+	transition resources, programs and services provided by other state 74
	108	+	agencies. [and make such information available to parents, teachers, 75
	109	+	administrators and boards of education.] 76
	110	+	(b) For the school year commencing July 1, [2016] 2024, and each 77
	111	+	school year thereafter, the State Board of Education shall distribute [the 78
	112	+	information] a notice concerning the online listing described in 79 Raised Bill No. 6883
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118		-	requiring special education and related services in grades six to twelve, 84
119		-	inclusive, at a planning and placement team meeting for such child. As 85
120		-	used in this section, "parent" means the parent or guardian of a child 86
121		-	requiring special education or the surrogate parent or, in the case of a 87
122		-	pupil who is an emancipated minor or eighteen years of age or older, 88
123		-	the pupil. 89
124		-	Sec. 3. (NEW) (Effective July 1, 2023) (a) Not later than January 1, 2024, 90
125		-	the Department of Education, in consultation with the Department of 91
126		-	Developmental Services, the Bureau of Rehabilitation Services and the 92
127		-	regional educational service centers, shall develop a training program 93
128		-	for transition coordinators, educators and school staff. Such training 94
129		-	program shall be in compliance with the minimum standards 95
130		-	established by the Office of Transition Services pursuant to section 1 of 96
131		-	this act. 97
132		-	(b) Each regional educational service center shall provide the training 98
133		-	program developed pursuant to subsection (a) of this section at no cost 99
134		-	to transition coordinators and educators and school staff who provide 100
135		-	transition services or any other educators or school staff interested in 101
136		-	becoming a transition coordinator or providing transition services. 102
137		-	Sec. 4. (NEW) (Effective July 1, 2023) (a) Not later than January 1, 2024, 103
138		-	each local and regional board of education shall ensure that a transition 104
139		-	coordinator has been appointed, who may be the director of pupil 105
140		-	personnel or another employee of such board appointed as transition 106
141		-	coordinator by such director. Each transition coordinator shall (1) 107
142		-	complete the training program developed by the Department of 108
143		-	Education pursuant to section 3 of this act during the three-year period 109
144		-	immediately following the date upon which the regional educational 110
145		-	service center that serves the school district in which such transition 111
146		-	coordinator is employed starts providing such training program, 112
147		-	provided each new transition coordinator appointed after the initiation 113
148		-	of such training period shall complete such training program not later 114
149		-	than one year after being appointed, and (2) ensure that parents of 115
150		-	students requiring special education receive information concerning 116 Substitute Bill No. 6883
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	118	+	subdivision (2) of subsection (a) of this section to each local or regional 80
	119	+	board of education. Each local or regional board of education shall 81
	120	+	annually distribute such [information] notice to the parent of a child 82
	121	+	requiring special education and related services in grades six to twelve, 83
	122	+	inclusive, at a planning and placement team meeting for such child. As 84
	123	+	used in this section, "parent" means the parent or guardian of a child 85
	124	+	requiring special education or the surrogate parent or, in the case of a 86
	125	+	pupil who is an emancipated minor or eighteen years of age or older, 87
	126	+	the pupil. 88
	127	+	Sec. 3. (NEW) (Effective July 1, 2023) (a) Not later than January 1, 2024, 89
	128	+	the Department of Education, in consultation with the Department of 90
	129	+	Developmental Services, the Bureau of Rehabilitation Services and the 91
	130	+	regional educational service centers, shall develop a training program 92
	131	+	for transition coordinators, educators and school staff. Such training 93
	132	+	program shall be in compliance with the minimum standards 94
	133	+	established by the Office of Transition Services pursuant to section 1 of 95
	134	+	this act. 96
	135	+	(b) Each regional educational service center shall provide the training 97
	136	+	program developed pursuant to subsection (a) of this section at no cost 98
	137	+	to transition coordinators, educators and school staff who provide 99
	138	+	transition services or any educators and support staff interested in 100
	139	+	becoming a transition coordinator or providing transition services. 101
	140	+	Sec. 4. (NEW) (Effective July 1, 2023) (a) Not later than January 1, 2024, 102
	141	+	each local and regional board of education shall ensure that a transition 103
	142	+	coordinator has been appointed, who may be the director of pupil 104
	143	+	personnel or another employee of such board appointed as transition 105
	144	+	coordinator by such director. Each transition coordinator shall (1) 106
	145	+	complete the training program developed by the Department of 107
	146	+	Education pursuant to section 3 of this act not later than three years after 108
	147	+	the date when the regional educational service center that serves the 109
	148	+	school district in which such transition coordinator is employed starts 110
	149	+	providing such training program, but thereafter, each new transition 111
	150	+	coordinator shall complete such training program not later than one 112 Raised Bill No. 6883
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157		-	transition resources, transition services or transition programs in 117
158		-	accordance with section 10-74n of the general statutes, as amended by 118
159		-	this act, and are aware of the eligibility requirements and application 119
160		-	details of such resources, services and programs that specifically apply 120
161		-	to such student. 121
162		-	(b) Each educator and school staff who provides transition services 122
163		-	shall complete the training program developed by the Department of 123
164		-	Education pursuant to section 3 of this act during the five-year period 124
165		-	immediately following the date upon which the regional educational 125
166		-	service center that serves the school district in which such educator or 126
167		-	school staff is employed starts providing such training program, 127
168		-	provided each new educator and school staff employed to provide 128
169		-	transition services after the initiation of such training period shall 129
170		-	complete such training program not later than one year from the date 130
171		-	such educator is hired to provide such services. 131
172		-	Sec. 5. Subsection (b) of section 10-76d of the general statutes is 132
173		-	repealed and the following is substituted in lieu thereof (Effective July 1, 133
174		-	2023): 134
175		-	(b) In accordance with the regulations of the State Board of Education, 135
176		-	each local and regional board of education shall: (1) Provide special 136
177		-	education for school-age children requiring special education who are 137
178		-	described in subparagraph (A) of subdivision (5) of section 10-76a. The 138
179		-	obligation of the school district under this subsection shall terminate 139
180		-	when such child is graduated from high school or at the end of the 140
181		-	school year during which such child reaches age [twenty-one] twenty-141
182		-	two, whichever occurs first; and (2) provide special education for 142
183		-	children requiring special education who are described in subparagraph 143
184		-	(A) or (C) of subdivision (5) of section 10-76a. The State Board of 144
185		-	Education shall define the criteria by which each local or regional board 145
186		-	of education shall determine whether a given child is eligible for special 146
187		-	education pursuant to this subdivision, and such determination shall be 147
188		-	made by the board of education when requested by a parent or 148
189		-	guardian, or upon referral by a physician, clinic or social worker, 149 Substitute Bill No. 6883
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	156	+	year after being appointed, and (2) ensure that parents of students 113
	157	+	requiring special education receive information concerning transition 114
	158	+	resources, transition services or transition programs in accordance with 115
	159	+	section 10-74n of the general statutes, as amended by this act, and are 116
	160	+	aware of the eligibility requirements and application details of such 117
	161	+	resources, services and programs that specifically apply to such student. 118
	162	+	(b) Each educator and school staff who provides transition services 119
	163	+	shall complete the training program developed by the Department of 120
	164	+	Education pursuant to section 3 of this act not later than five years after 121
	165	+	the date when the regional educational service center that serves the 122
	166	+	school district in which such educator or school staff is employed starts 123
	167	+	providing such training program, but thereafter, each new educator and 124
	168	+	school staff who provides transition services shall complete such 125
	169	+	training program not later than one year from the date such educator is 126
	170	+	hired to provide such services. 127
	171	+	Sec. 5. Subsection (b) of section 10-76d of the general statutes is 128
	172	+	repealed and the following is substituted in lieu thereof (Effective July 1, 129
	173	+	2023): 130
	174	+	(b) In accordance with the regulations of the State Board of Education, 131
	175	+	each local and regional board of education shall: (1) Provide special 132
	176	+	education for school-age children requiring special education who are 133
	177	+	described in subparagraph (A) of subdivision (5) of section 10-76a. The 134
	178	+	obligation of the school district under this subsection shall terminate 135
	179	+	when such child is graduated from high school or the end of the school 136
	180	+	year when such child reaches age [twenty-one] twenty-two, whichever 137
	181	+	occurs first; and (2) provide special education for children requiring 138
	182	+	special education who are described in subparagraph (A) or (C) of 139
	183	+	subdivision (5) of section 10-76a. The State Board of Education shall 140
	184	+	define the criteria by which each local or regional board of education 141
	185	+	shall determine whether a given child is eligible for special education 142
	186	+	pursuant to this subdivision, and such determination shall be made by 143
	187	+	the board of education when requested by a parent or guardian, or upon 144
	188	+	referral by a physician, clinic or social worker, provided the parent or 145 Raised Bill No. 6883
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196		-	provided the parent or guardian so permits. To meet its obligations 150
197		-	under this subdivision, each local or regional board of education may, 151
198		-	with the approval of the State Board of Education, make agreements 152
199		-	with any private school, agency or institution to provide the necessary 153
200		-	preschool special education program, provided such private facility has 154
201		-	an existing program which adequately meets the special education 155
202		-	needs, according to standards established by the State Board of 156
203		-	Education, of the preschool children for whom such local or regional 157
204		-	board of education is required to provide such an education and 158
205		-	provided such district does not have such an existing program in its 159
206		-	public schools. Such private school, agency or institution may be a 160
207		-	facility which has not been approved by the Commissioner of Education 161
208		-	for special education, provided such private facility is approved by the 162
209		-	commissioner as an independent school or licensed by the Office of 163
210		-	Early Childhood as a child care center, group child care home or family 164
211		-	child care home, as described in section 19a-77, or be both approved and 165
212		-	licensed. 166
213		-	Sec. 6. Subsection (b) of section 10-76ll of the general statutes is 167
214		-	repealed and the following is substituted in lieu thereof (Effective July 1, 168
215		-	2023): 169
216		-	(b) On or before July 1, 2015, the State Board of Education shall draft 170
217		-	a written bill of rights for parents of children receiving special education 171
218		-	services to guarantee that the rights of such parents and children are 172
219		-	adequately safeguarded and protected during the provision of special 173
220		-	education and related services under this chapter. Such bill of rights 174
221		-	shall inform parents of: (1) The right to request consideration of the 175
222		-	provision of transition services for a child receiving special education 176
223		-	services who is eighteen to [twenty-one] twenty-two, inclusive, years of 177
224		-	age, (2) the right to receive transition resources and materials from the 178
225		-	department and the local or regional board of education responsible for 179
226		-	such child, (3) the requirement that the local or regional board of 180
227		-	education responsible for such child shall create a student success plan 181
228		-	for each student enrolled in a public school, beginning in grade six, 182 Substitute Bill No. 6883
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	194	+	guardian so permits. To meet its obligations under this subdivision, 146
	195	+	each local or regional board of education may, with the approval of the 147
	196	+	State Board of Education, make agreements with any private school, 148
	197	+	agency or institution to provide the necessary preschool special 149
	198	+	education program, provided such private facility has an existing 150
	199	+	program which adequately meets the special education needs, 151
	200	+	according to standards established by the State Board of Education, of 152
	201	+	the preschool children for whom such local or regional board of 153
	202	+	education is required to provide such an education and provided such 154
	203	+	district does not have such an existing program in its public schools. 155
	204	+	Such private school, agency or institution may be a facility which has 156
	205	+	not been approved by the Commissioner of Education for special 157
	206	+	education, provided such private facility is approved by the 158
	207	+	commissioner as an independent school or licensed by the Office of 159
	208	+	Early Childhood as a child care center, group child care home or family 160
	209	+	child care home, as described in section 19a-77, or be both approved and 161
	210	+	licensed. 162
	211	+	Sec. 6. Subsection (b) of section 10-76ll of the general statutes is 163
	212	+	repealed and the following is substituted in lieu thereof (Effective July 1, 164
	213	+	2023): 165
	214	+	(b) On or before July 1, 2015, the State Board of Education shall draft 166
	215	+	a written bill of rights for parents of children receiving special education 167
	216	+	services to guarantee that the rights of such parents and children are 168
	217	+	adequately safeguarded and protected during the provision of special 169
	218	+	education and related services under this chapter. Such bill of rights 170
	219	+	shall inform parents of: (1) The right to request consideration of the 171
	220	+	provision of transition services for a child receiving special education 172
	221	+	services who is eighteen to [twenty-one] twenty-two, inclusive, years of 173
	222	+	age, (2) the right to receive transition resources and materials from the 174
	223	+	department and the local or regional board of education responsible for 175
	224	+	such child, (3) the requirement that the local or regional board of 176
	225	+	education responsible for such child shall create a student success plan 177
	226	+	for each student enrolled in a public school, beginning in grade six, 178
	227	+	pursuant to subsection (j) of section 10-221a, and (4) the right of such 179 Raised Bill No. 6883
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235		-	pursuant to subsection (j) of section 10-221a, and (4) the right of such 183
236		-	child to receive realistic and specific postgraduation goals as part of 184
237		-	such child's individualized education program. 185
238		-	Sec. 7. Subsection (a) of section 10-253 of the general statutes is 186
239		-	repealed and the following is substituted in lieu thereof (Effective July 1, 187
240		-	2023): 188
241		-	(a) Children placed out by the Commissioner of Children and 189
242		-	Families or by other agencies or persons, including offices of a 190
243		-	government of a federally recognized Native American tribe, private 191
244		-	child-caring or child-placing agencies licensed by the Department of 192
245		-	Children and Families, and eligible residents of facilities operated by the 193
246		-	Department of Mental Health and Addiction Services or by the 194
247		-	Department of Public Health who are eighteen to twenty-one years of 195
248		-	age or, for children requiring special education, twenty-two years of 196
249		-	age, shall be entitled to all free school privileges of the school district 197
250		-	where they then reside as a result of such placement, except as provided 198
251		-	in subdivision (4) of subsection (e) of section 10-76d. Except as provided 199
252		-	in subsection (d) of this section and subdivision (4) of subsection (e) of 200
253		-	section 10-76d, payment for such education shall be made by the board 201
254		-	of education of the school district under whose jurisdiction such child 202
255		-	would otherwise be attending school where such a school district is 203
256		-	identified. 204
257		-	Sec. 8. Subdivision (3) of subsection (h) of section 10-253 of the general 205
258		-	statutes is repealed and the following is substituted in lieu thereof 206
259		-	(Effective July 1, 2023): 207
260		-	(3) In each district, the liaison shall assist the school district, the Court 208
261		-	Support Services Division of the Judicial Branch and any relevant 209
262		-	educational service providers in ensuring that: 210
263		-	(A) All persons [under] twenty-two years of age or younger in justice 211
264		-	system custody are promptly evaluated for eligibility for special 212
265		-	education services, pursuant to section 17a-65 and any other applicable 213 Substitute Bill No. 6883
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	233	+	child to receive realistic and specific postgraduation goals as part of 180
	234	+	such child's individualized education program. 181
	235	+	Sec. 7. Subsection (a) of section 10-253 of the general statutes is 182
	236	+	repealed and the following is substituted in lieu thereof (Effective July 1, 183
	237	+	2023): 184
	238	+	(a) Children placed out by the Commissioner of Children and 185
	239	+	Families or by other agencies or persons, including offices of a 186
	240	+	government of a federally recognized Native American tribe, private 187
	241	+	child-caring or child-placing agencies licensed by the Department of 188
	242	+	Children and Families, and eligible residents of facilities operated by the 189
	243	+	Department of Mental Health and Addiction Services or by the 190
	244	+	Department of Public Health who are eighteen to twenty-one years of 191
	245	+	age or, for children requiring special education, twenty-two years of 192
	246	+	age, shall be entitled to all free school privileges of the school district 193
	247	+	where they then reside as a result of such placement, except as provided 194
	248	+	in subdivision (4) of subsection (e) of section 10-76d. Except as provided 195
	249	+	in subsection (d) of this section and subdivision (4) of subsection (e) of 196
	250	+	section 10-76d, payment for such education shall be made by the board 197
	251	+	of education of the school district under whose jurisdiction such child 198
	252	+	would otherwise be attending school where such a school district is 199
	253	+	identified. 200
	254	+	Sec. 8. Subdivision (3) of subsection (h) of section 10-253 of the general 201
	255	+	statutes is repealed and the following is substituted in lieu thereof 202
	256	+	(Effective July 1, 2023): 203
	257	+	(3) In each district, the liaison shall assist the school district, the Court 204
	258	+	Support Services Division of the Judicial Branch and any relevant 205
	259	+	educational service providers in ensuring that: 206
	260	+	(A) All persons [under] twenty-two years of age or younger in justice 207
	261	+	system custody are promptly evaluated for eligibility for special 208
	262	+	education services, pursuant to section 17a-65 and any other applicable 209
	263	+	law; 210 Raised Bill No. 6883
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272		-	law; 214
273		-	(B) Students in justice system custody and returning to the 215
274		-	community from justice system custody are promptly enrolled in school 216
275		-	pursuant to this section and section 10-186; 217
276		-	(C) Students in justice system custody and returning to the 218
277		-	community from justice system custody receive appropriate credit for 219
278		-	school work completed in custody, pursuant to this section or section 220
279		-	10-220h; 221
280		-	(D) All relevant school records for students who enter justice system 222
281		-	custody and who return to the community from justice system custody 223
282		-	are promptly transferred to the appropriate school district or 224
283		-	educational service provider, pursuant to section 10-220h. 225
284		-	Sec. 9. Subdivision (2) of section 10-76a of the general statutes is 226
285		-	repealed and the following is substituted in lieu thereof (Effective July 1, 227
286		-	2023): 228
287		-	(2) "Child" means any person [under] twenty-two years of age or 229
288		-	younger. 230
289		-	Sec. 10. Subsection (b) of section 10-76ff of the general statutes is 231
290		-	repealed and the following is substituted in lieu thereof (Effective July 1, 232
291		-	2023): 233
292		-	(b) (1) The planning and placement team, as part of an initial 234
293		-	evaluation, if appropriate, and as part of any reevaluations, shall review 235
294		-	existing evaluation data on the child, including evaluations and 236
295		-	information provided by the parent or guardian or the child, classroom-237
296		-	based assessments and observations and teacher and related services 238
297		-	provider observations. On the basis of such review, and input from the 239
298		-	child's parent or guardian, the planning and placement team shall 240
299		-	identify what additional data, if any, is needed to determine: (A) 241
300		-	Whether the child has a particular category of disability, or in the case 242
301		-	of a reevaluation, whether the child continues to have such a disability; 243 Substitute Bill No. 6883
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	269	+	(B) Students in justice system custody and returning to the 211
	270	+	community from justice system custody are promptly enrolled in school 212
	271	+	pursuant to this section and section 10-186; 213
	272	+	(C) Students in justice system custody and returning to the 214
	273	+	community from justice system custody receive appropriate credit for 215
	274	+	school work completed in custody, pursuant to this section or section 216
	275	+	10-220h; 217
	276	+	(D) All relevant school records for students who enter justice system 218
	277	+	custody and who return to the community from justice system custody 219
	278	+	are promptly transferred to the appropriate school district or 220
	279	+	educational service provider, pursuant to section 10-220h. 221
	280	+	Sec. 9. Subdivision (2) of section 10-76a of the general statutes is 222
	281	+	repealed and the following is substituted in lieu thereof (Effective July 1, 223
	282	+	2023): 224
	283	+	(2) "Child" means any person [under] twenty-two years of age or 225
	284	+	younger. 226
	285	+	Sec. 10. Subsection (b) of section 10-76ff of the general statutes is 227
	286	+	repealed and the following is substituted in lieu thereof (Effective July 1, 228
	287	+	2023): 229
	288	+	(b) (1) The planning and placement team, as part of an initial 230
	289	+	evaluation, if appropriate, and as part of any reevaluations, shall review 231
	290	+	existing evaluation data on the child, including evaluations and 232
	291	+	information provided by the parent or guardian or the child, classroom-233
	292	+	based assessments and observations and teacher and related services 234
	293	+	provider observations. On the basis of such review, and input from the 235
	294	+	child's parent or guardian, the planning and placement team shall 236
	295	+	identify what additional data, if any, is needed to determine: (A) 237
	296	+	Whether the child has a particular category of disability, or in the case 238
	297	+	of a reevaluation, whether the child continues to have such a disability; 239
	298	+	(B) the present levels of performance and educational needs of the child; 240
	299	+	(C) whether the child needs special education and related services, or in 241 Raised Bill No. 6883
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308		-	(B) the present levels of performance and educational needs of the child; 244
309		-	(C) whether the child needs special education and related services, or in 245
310		-	the case of a reevaluation, whether the child continues to need special 246
311		-	education and related services or whether the child is able to be served 247
312		-	within the regular education program with existing supplemental 248
313		-	services, available in the school district; and (D) whether any additions 249
314		-	or modifications to the special education and related services are needed 250
315		-	to enable the child to meet the measurable annual goals set out in the 251
316		-	individualized education program of the child and to participate, as 252
317		-	appropriate, in the general curriculum. (2) The local or regional board 253
318		-	of education shall administer such tests and other evaluation materials 254
319		-	as may be needed to produce the data identified by the planning and 255
320		-	placement team pursuant to subdivision (1) of this subsection. (3) If the 256
321		-	planning and placement team decides that no additional data is needed 257
322		-	to determine that the child continues to be a child requiring special 258
323		-	education and related services, the local or regional board of education 259
324		-	shall notify the parent or guardian of the child of (A) the decision and 260
325		-	the reasons for it, and (B) the right of the parent or guardian to request 261
326		-	an assessment to determine whether the child continues to be a child 262
327		-	requiring special education and related services. The local or regional 263
328		-	board of education shall not be required to conduct such an assessment 264
329		-	unless requested to do so by the parent or guardian of the child. (4) A 265
330		-	local or regional board of education shall evaluate a child identified as 266
331		-	requiring special education and related services, in accordance with this 267
332		-	section, prior to determining that such child no longer requires such 268
333		-	special education or related services, except that such evaluation shall 269
334		-	not be required before the termination of a child's eligibility for special 270
335		-	education due to graduation from high school with a regular education 271
336		-	diploma, or due to exceeding the age eligibility for a free appropriate 272
337		-	public education. [pursuant to state regulations.] For a child whose 273
338		-	eligibility for special education terminates due to graduation from high 274
339		-	school with a regular high school diploma or such child exceeds the age 275
340		-	of eligibility for a free appropriate public education, the local or regional 276
341		-	board of education shall provide the child with a summary of the child's 277
342		-	academic achievement and functional performance, which shall include 278 Substitute Bill No. 6883
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	305	+	the case of a reevaluation, whether the child continues to need special 242
	306	+	education and related services or whether the child is able to be served 243
	307	+	within the regular education program with existing supplemental 244
	308	+	services, available in the school district; and (D) whether any additions 245
	309	+	or modifications to the special education and related services are needed 246
	310	+	to enable the child to meet the measurable annual goals set out in the 247
	311	+	individualized education program of the child and to participate, as 248
	312	+	appropriate, in the general curriculum. (2) The local or regional board 249
	313	+	of education shall administer such tests and other evaluation materials 250
	314	+	as may be needed to produce the data identified by the planning and 251
	315	+	placement team pursuant to subdivision (1) of this subsection. (3) If the 252
	316	+	planning and placement team decides that no additional data is needed 253
	317	+	to determine that the child continues to be a child requiring special 254
	318	+	education and related services, the local or regional board of education 255
	319	+	shall notify the parent or guardian of the child of (A) the decision and 256
	320	+	the reasons for it, and (B) the right of the parent or guardian to request 257
	321	+	an assessment to determine whether the child continues to be a child 258
	322	+	requiring special education and related services. The local or regional 259
	323	+	board of education shall not be required to conduct such an assessment 260
	324	+	unless requested to do so by the parent or guardian of the child. (4) A 261
	325	+	local or regional board of education shall evaluate a child identified as 262
	326	+	requiring special education and related services, in accordance with this 263
	327	+	section, prior to determining that such child no longer requires such 264
	328	+	special education or related services, except that such evaluation shall 265
	329	+	not be required before the termination of a child's eligibility for special 266
	330	+	education due to graduation from high school with a regular education 267
	331	+	diploma, or due to exceeding the age eligibility for a free appropriate 268
	332	+	public education. [pursuant to state regulations.] For a child whose 269
	333	+	eligibility for special education terminates due to graduation from high 270
	334	+	school with a regular high school diploma or such child exceeds the age 271
	335	+	of eligibility for a free appropriate public education, the local or regional 272
	336	+	board of education shall provide the child with a summary of the child's 273
	337	+	academic achievement and functional performance, which shall include 274
	338	+	recommendations on how to assist the child in meeting the child's 275
	339	+	postsecondary goals. 276 Raised Bill No. 6883
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349		-	recommendations on how to assist the child in meeting the child's 279
350		-	postsecondary goals. 280
351		-	Sec. 11. (NEW) (Effective July 1, 2023) (a) The Department of Education 281
352		-	shall establish a competitive grant program to assist local and regional 282
353		-	boards of education and regional educational service centers to develop 283
354		-	and provide public transition programs, as defined in section 1 of this 284
355		-	act, that are innovative. 285
356		-	(b) Grant applications shall be submitted annually to the 286
357		-	Commissioner of Education at such time and on such forms as the 287
358		-	commissioner prescribes. In determining whether to award a grant 288
359		-	pursuant to this section and in determining the amount of the grant, the 289
360		-	commissioner shall consider, but such consideration shall not be limited 290
361		-	to, the following factors: (1) The innovative nature of the public 291
362		-	transition program; (2) the potential number of students served by the 292
363		-	public transition program; (3) the relative wealth of the applicant; and 293
364		-	(4) the number of school districts included in the grant application. 294
365		-	(c) If the commissioner finds that any grant awarded pursuant to this 295
366		-	section is being used for purposes that do not conform to the purposes 296
367		-	of this section, the commissioner may require repayment of the grant to 297
368		-	the state. 298
369		-	(d) Each grantee shall submit, at such time and in such form as the 299
370		-	commissioner prescribes, such reports and financial statements as are 300
371		-	required by the department, which shall include, but need not be limited 301
372		-	to, an evaluation of the public transition program operated by such 302
373		-	grantee and any new recommendations for best practices for such 303
374		-	programs. 304
375		-	Sec. 12. (Effective July 1, 2023) The State Education Resource Center, 305
376		-	established pursuant to section 10-357a of the general statutes, shall 306
377		-	review each public transition program, as defined in section 1 of this act. 307
378		-	Such review shall examine aspects of each public transition program, 308
379		-	including, but not limited to, the following: (1) The types of transition 309 Substitute Bill No. 6883
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	345	+	Sec. 11. (NEW) (Effective July 1, 2023) (a) The Department of Education 277
	346	+	shall establish a competitive grant program to assist local and regional 278
	347	+	boards of education and regional educational service centers to develop 279
	348	+	and provide public transition programs, as defined in section 1 of this 280
	349	+	act, that are innovative. 281
	350	+	(b) Grant applications shall be submitted annually to the 282
	351	+	Commissioner of Education at such time and on such forms as the 283
	352	+	commissioner prescribes. In determining whether to award a grant 284
	353	+	pursuant to this section and in determining the amount of the grant, the 285
	354	+	commissioner shall consider, but such consideration shall not be limited 286
	355	+	to, the following factors: (1) The innovate nature of the public transition 287
	356	+	program; (2) the potential number of students served by the public 288
	357	+	transition program; (3) the relative wealth of the applicant; and (4) the 289
	358	+	number of school districts included in the grant application. 290
	359	+	(c) If the commissioner finds that any grant awarded pursuant to this 291
	360	+	section is being used for purposes that do not conform to the purposes 292
	361	+	of this section, the commissioner may require repayment of the grant to 293
	362	+	the state. 294
	363	+	(d) Each grantee shall submit, at such time and in such form as the 295
	364	+	commissioner prescribes, such reports and financial statements as are 296
	365	+	required by the department, which shall include, but need not be limited 297
	366	+	to, an evaluation of the public transition program and any new 298
	367	+	recommendations for best practices for such programs. 299
	368	+	Sec. 12. (Effective July 1, 2023) The State Education Resource Center, 300
	369	+	established pursuant to section 10-357a of the general statutes, shall 301
	370	+	study each public transition program, as defined in section 1 of this act. 302
	371	+	Such study shall examine aspects of each public transition program, 303
	372	+	including, but not limited to, the following: (1) The types of transition 304
	373	+	services, as defined in section 1 of this act, provided in such program, 305
	374	+	(2) the number and qualifications of the staff providing such transition 306
	375	+	services, (3) the location of such program relative to the residence of the 307
	376	+	student or the student's family, and (4) any metrics for measuring the 308 Raised Bill No. 6883
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386		-	services, as defined in section 1 of this act, provided in such program, 310
387		-	(2) the number and qualifications of the staff providing such transition 311
388		-	services, (3) the location of such program relative to the residence of the 312
389		-	student or the student's family, and (4) any metrics for measuring the 313
390		-	performance of such program, such as student and family feedback and 314
391		-	the placement of students in employment, postsecondary education or 315
392		-	training or programs for adults. Not later than January 1, 2024, the State 316
393		-	Education Resource Center shall submit, in accordance with the 317
394		-	provisions of section 11-4a of the general statutes, to the joint standing 318
395		-	committee of the General Assembly having cognizance of matters 319
396		-	relating to education a report of its findings, including, but not limited 320
397		-	to, a list of best practices and innovative programs. 321
398		-	Sec. 13. Subdivision (10) of subsection (a) of section 10-76d of the 322
399		-	general statutes is repealed and the following is substituted in lieu 323
400		-	thereof (Effective July 1, 2023): 324
401		-	(10) (A) Each local and regional board of education responsible for 325
402		-	providing special education and related services to a child or pupil shall 326
403		-	notify the parent or guardian of a child who requires or who may 327
404		-	require special education, a pupil if such pupil is an emancipated minor 328
405		-	or eighteen years of age or older who requires or who may require 329
406		-	special education or a surrogate parent appointed pursuant to section 330
407		-	10-94g, in writing, at least five school days before such board proposes 331
408		-	to, or refuses to, initiate or change the child's or pupil's identification, 332
409		-	evaluation or educational placement or the provision of a free 333
410		-	appropriate public education to the child or pupil. 334
411		-	(B) Upon request by a parent, guardian, pupil or surrogate parent, 335
412		-	the responsible local or regional board of education shall provide such 336
413		-	parent, guardian, pupil or surrogate parent an opportunity to meet with 337
414		-	a member of the planning and placement team designated by such 338
415		-	board prior to the referral planning and placement team meeting at 339
416		-	which the assessments and evaluations of the child or pupil who 340
417		-	requires or may require special education is presented to such parent, 341
418		-	guardian, pupil or surrogate parent for the first time. Such meeting shall 342 Substitute Bill No. 6883
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	382	+	performance of such program, such as student and family feedback and 309
	383	+	the placement of students in employment, postsecondary education or 310
	384	+	training or programs for adults. Not later than January 1, 2024, the State 311
	385	+	Education Resource Center shall submit, in accordance with the 312
	386	+	provisions of section 11-4a of the general statutes, to the joint standing 313
	387	+	committee of the General Assembly having cognizance of matters 314
	388	+	relating to education a report of its findings, including, but not limited 315
	389	+	to, a list of best practices and innovative programs. 316
	390	+	Sec. 13. Subdivision (10) of subsection (a) of section 10-76d of the 317
	391	+	general statutes is repealed and the following is substituted in lieu 318
	392	+	thereof (Effective July 1, 2023): 319
	393	+	(10) (A) Each local and regional board of education responsible for 320
	394	+	providing special education and related services to a child or pupil shall 321
	395	+	notify the parent or guardian of a child who requires or who may 322
	396	+	require special education, a pupil if such pupil is an emancipated minor 323
	397	+	or eighteen years of age or older who requires or who may require 324
	398	+	special education or a surrogate parent appointed pursuant to section 325
	399	+	10-94g, in writing, at least five school days before such board proposes 326
	400	+	to, or refuses to, initiate or change the child's or pupil's identification, 327
	401	+	evaluation or educational placement or the provision of a free 328
	402	+	appropriate public education to the child or pupil. 329
	403	+	(B) Upon request by a parent, guardian, pupil or surrogate parent, 330
	404	+	the responsible local or regional board of education shall provide such 331
	405	+	parent, guardian, pupil or surrogate parent an opportunity to meet with 332
	406	+	a member of the planning and placement team designated by such 333
	407	+	board prior to the referral planning and placement team meeting at 334
	408	+	which the assessments and evaluations of the child or pupil who 335
	409	+	requires or may require special education is presented to such parent, 336
	410	+	guardian, pupil or surrogate parent for the first time. Such meeting shall 337
	411	+	be for the sole purpose of discussing the planning and placement team 338
	412	+	process and any concerns such parent, guardian, pupil or surrogate 339
	413	+	parent has regarding the child or pupil who requires or may require 340
	414	+	special education. 341 Raised Bill No. 6883
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425		-	be for the sole purpose of discussing the planning and placement team 343
426		-	process and any concerns such parent, guardian, pupil or surrogate 344
427		-	parent has regarding the child or pupil who requires or may require 345
428		-	special education. 346
429		-	(C) Such parent, guardian, pupil or surrogate parent shall (i) be given 347
430		-	at least five school days' prior notice of any planning and placement 348
431		-	team meeting conducted for such child or pupil, (ii) have the right to be 349
432		-	present at and participate in all portions of such meeting at which an 350
433		-	educational program for such child or pupil is developed, reviewed or 351
434		-	revised, (iii) have the right to have (I) advisors of such person's own 352
435		-	choosing and at such person's own expense, (II) the school 353
436		-	paraprofessional assigned to such child or pupil, if any, [and] (III) such 354
437		-	child or pupil's birth-to-three service coordinator, if any, and (IV) a 355
438		-	translator, automatically provided by the responsible local or regional 356
439		-	board of education if there is an apparent need or upon the request of 357
440		-	such parent, guardian, pupil or surrogate parent, attend and participate 358
441		-	in all portions of such meeting at which an educational program for such 359
442		-	child or pupil is developed, reviewed or revised, and (iv) have the right 360
443		-	to have each recommendation made in such child or pupil's birth-to-361
444		-	three individualized transition plan, as required by section 17a-248e, if 362
445		-	any, addressed by the planning and placement team during such 363
446		-	meeting at which an educational program for such child or pupil is 364
447		-	developed. 365
448		-	(D) Immediately upon the formal identification of any child as a child 366
449		-	requiring special education and at each planning and placement team 367
450		-	meeting for such child, the responsible local or regional board of 368
451		-	education shall inform the parent or guardian of such child or surrogate 369
452		-	parent or, in the case of a pupil who is an emancipated minor or eighteen 370
453		-	years of age or older, the pupil of (i) the laws relating to special 371
454		-	education, (ii) the rights of such parent, guardian, surrogate parent or 372
455		-	pupil under such laws and the regulations adopted by the State Board 373
456		-	of Education relating to special education, including the right of a 374
457		-	parent, guardian or surrogate parent to (I) withhold from enrolling such 375 Substitute Bill No. 6883
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	420	+	(C) Such parent, guardian, pupil or surrogate parent shall (i) be given 342
	421	+	at least five school days' prior notice of any planning and placement 343
	422	+	team meeting conducted for such child or pupil, (ii) have the right to be 344
	423	+	present at and participate in all portions of such meeting at which an 345
	424	+	educational program for such child or pupil is developed, reviewed or 346
	425	+	revised, (iii) have the right to have (I) advisors of such person's own 347
	426	+	choosing and at such person's own expense, (II) the school 348
	427	+	paraprofessional assigned to such child or pupil, if any, [and] (III) such 349
	428	+	child or pupil's birth-to-three service coordinator, if any, and (IV) a 350
	429	+	translator, automatically provided by the responsible local or regional 351
	430	+	board of education if there is an apparent need or upon the request of 352
	431	+	such parent, guardian, pupil or surrogate parent, attend and participate 353
	432	+	in all portions of such meeting at which an educational program for such 354
	433	+	child or pupil is developed, reviewed or revised, and (iv) have the right 355
	434	+	to have each recommendation made in such child or pupil's birth-to-356
	435	+	three individualized transition plan, as required by section 17a-248e, if 357
	436	+	any, addressed by the planning and placement team during such 358
	437	+	meeting at which an educational program for such child or pupil is 359
	438	+	developed. 360
	439	+	(D) Immediately upon the formal identification of any child as a child 361
	440	+	requiring special education and at each planning and placement team 362
	441	+	meeting for such child, the responsible local or regional board of 363
	442	+	education shall inform the parent or guardian of such child or surrogate 364
	443	+	parent or, in the case of a pupil who is an emancipated minor or eighteen 365
	444	+	years of age or older, the pupil of (i) the laws relating to special 366
	445	+	education, (ii) the rights of such parent, guardian, surrogate parent or 367
	446	+	pupil under such laws and the regulations adopted by the State Board 368
	447	+	of Education relating to special education, including the right of a 369
	448	+	parent, guardian or surrogate parent to (I) withhold from enrolling such 370
	449	+	child in kindergarten, in accordance with the provisions of section 10-371
	450	+	184, and (II) have advisors and the school paraprofessional assigned to 372
	451	+	such child or pupil attend and participate in all portions of such meeting 373
	452	+	at which an educational program for such child or pupil is developed, 374
	453	+	reviewed or revised, in accordance with the provisions of subparagraph 375 Raised Bill No. 6883
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464		-	child in kindergarten, in accordance with the provisions of section 10-376
465		-	184, and (II) have advisors and the school paraprofessional assigned to 377
466		-	such child or pupil attend and participate in all portions of such meeting 378
467		-	at which an educational program for such child or pupil is developed, 379
468		-	reviewed or revised, in accordance with the provisions of subparagraph 380
469		-	(C) of this subdivision, and (iii) any relevant information and resources 381
470		-	relating to individualized education programs created by the 382
471		-	Department of Education, including, but not limited to, information 383
472		-	relating to transition resources and services for high school students. If 384
473		-	such parent, guardian, surrogate parent or pupil does not attend a 385
474		-	planning and placement team meeting, the responsible local or regional 386
475		-	board of education shall mail such information to such person. Each 387
476		-	responsible local or regional board of education shall provide a child or 388
477		-	pupil's individualized education program, any documents relating to 389
478		-	such program and all the information required pursuant to this 390
479		-	subparagraph translated to the primary language spoken by such 391
480		-	parent, guardian, surrogate parent or pupil automatically if there is an 392
481		-	apparent need or upon the request of the parent guardian, surrogate 393
482		-	parent or pupil. 394
483		-	(E) Each local and regional board of education shall have in effect at 395
484		-	the beginning of each school year an educational program for each child 396
485		-	or pupil who has been identified as eligible for special education. 397
486		-	(F) (i) At each initial planning and placement team meeting for a child 398
487		-	or pupil, the responsible local or regional board of education shall 399
488		-	inform the parent, guardian, surrogate parent or pupil of [(i)] the laws 400
489		-	relating to physical restraint and seclusion pursuant to section 10-236b 401
490		-	and the rights of such parent, guardian, surrogate parent or pupil under 402
491		-	such laws and the regulations adopted by the State Board of Education 403
492		-	relating to physical restraint and seclusion, and [(ii)] the right of such 404
493		-	parent, guardian, surrogate parent or pupil, during such meeting at 405
494		-	which an educational program for such child or pupil is developed, to 406
495		-	have (I) such child or pupil's birth-to-three service coordinator attend 407
496		-	and participate in all portions of such meeting, and (II) each 408 Substitute Bill No. 6883
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	458	+
	459	+	(C) of this subdivision, and (iii) any relevant information and resources 376
	460	+	relating to individualized education programs created by the 377
	461	+	Department of Education, including, but not limited to, information 378
	462	+	relating to transition resources and services for high school students. If 379
	463	+	such parent, guardian, surrogate parent or pupil does not attend a 380
	464	+	planning and placement team meeting, the responsible local or regional 381
	465	+	board of education shall mail such information to such person. Each 382
	466	+	responsible local or regional board of education shall provide a child or 383
	467	+	pupil's individualized education program, any documents relating to 384
	468	+	such program and all the information required pursuant to this 385
	469	+	subparagraph translated to the primary language spoken by such 386
	470	+	parent, guardian, surrogate parent or pupil automatically if there is an 387
	471	+	apparent need or upon the request of the parent guardian, surrogate 388
	472	+	parent or pupil. 389
	473	+	(E) Each local and regional board of education shall have in effect at 390
	474	+	the beginning of each school year an educational program for each child 391
	475	+	or pupil who has been identified as eligible for special education. 392
	476	+	(F) (i) At each initial planning and placement team meeting for a child 393
	477	+	or pupil, the responsible local or regional board of education shall 394
	478	+	inform the parent, guardian, surrogate parent or pupil of [(i)] the laws 395
	479	+	relating to physical restraint and seclusion pursuant to section 10-236b 396
	480	+	and the rights of such parent, guardian, surrogate parent or pupil under 397
	481	+	such laws and the regulations adopted by the State Board of Education 398
	482	+	relating to physical restraint and seclusion, and [(ii)] the right of such 399
	483	+	parent, guardian, surrogate parent or pupil, during such meeting at 400
	484	+	which an educational program for such child or pupil is developed, to 401
	485	+	have (I) such child or pupil's birth-to-three service coordinator attend 402
	486	+	and participate in all portions of such meeting, and (II) each 403
	487	+	recommendation made in the transition plan, as required by section 17a-404
	488	+	248e, by such child or pupil's birth-to-three service coordinator 405
	489	+	addressed by the planning and placement team. 406
	490	+	(ii) At the first planning and placement team meeting when a child or 407
	491	+	pupil reaches the age of seventeen, the responsible local or regional 408 Raised Bill No. 6883
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503		-	recommendation made in the transition plan, as required by section 17a-409
504		-	248e, by such child or pupil's birth-to-three service coordinator 410
505		-	addressed by the planning and placement team. 411
506		-	(ii) At the first planning and placement team meeting when a child or 412
507		-	pupil reaches the age of seventeen, the responsible local or regional 413
508		-	board of education shall inform the parent, guardian or surrogate parent 414
509		-	of any child who may have an intellectual disability, as defined in 415
510		-	section 1-1g, of the laws relating to becoming a conservator for such 416
511		-	child through application to a probate court. 417
512		-	(iii) Each responsible local or regional board of education shall 418
513		-	provide the notice created by the Office of Mediation Services pursuant 419
514		-	to subdivision (7) of subsection (a) of section 18 of this act to each parent, 420
515		-	guardian or surrogate parent of any child who requires special 421
516		-	education by (I) distributing such notice to such parents, guardians or 422
517		-	surrogate parents at the beginning of each school year, and (II) reading 423
518		-	such notice out loud at the conclusion of the first planning and 424
519		-	placement team meeting at the beginning of each school year. 425
520		-	(G) Upon request by a parent, guardian, pupil or surrogate parent, 426
521		-	the responsible local or regional board of education shall provide the 427
522		-	results of the assessments and evaluations used in the determination of 428
523		-	eligibility for special education for a child or pupil to such parent, 429
524		-	guardian, surrogate parent or pupil at least three school days before the 430
525		-	referral planning and placement team meeting at which such results of 431
526		-	the assessments and evaluations will be discussed for the first time. 432
527		-	(H) Each local or regional board of education shall monitor the 433
528		-	development of each child who, pursuant to subsection (a) of section 434
529		-	17a-248e, has been (i) referred for a registration on a mobile application 435
530		-	designated by the Commissioner of Early Childhood, in partnership 436
531		-	with such child's parent, guardian or surrogate parent, or (ii) provided 437
532		-	a form for such child's parent, guardian or surrogate parent to complete 438
533		-	and submit to such local or regional board of education that screens for 439
534		-	developmental and social-emotional delays using a validated screening 440 Substitute Bill No. 6883
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	496	+
	497	+	board of education shall inform the parent, guardian or surrogate parent 409
	498	+	of any child who may have an intellectual disability, as defined in 410
	499	+	section 1-1g, of the laws relating to becoming a conservator for such 411
	500	+	child through application to a probate court. 412
	501	+	(iii) Each responsible local or regional board of education shall 413
	502	+	provide the notice created by the Office of Mediation Services pursuant 414
	503	+	to subdivision (7) of subsection (a) of section 18 of this act to each parent, 415
	504	+	guardian or surrogate parent of any child who requires special 416
	505	+	education by (I) distributing such notice to such parents, guardians or 417
	506	+	surrogate parents at the beginning of each school year, and (II) reading 418
	507	+	such notice out loud at the conclusion of the first planning and 419
	508	+	placement team meeting at the beginning of each school year. 420
	509	+	(G) Upon request by a parent, guardian, pupil or surrogate parent, 421
	510	+	the responsible local or regional board of education shall provide the 422
	511	+	results of the assessments and evaluations used in the determination of 423
	512	+	eligibility for special education for a child or pupil to such parent, 424
	513	+	guardian, surrogate parent or pupil at least three school days before the 425
	514	+	referral planning and placement team meeting at which such results of 426
	515	+	the assessments and evaluations will be discussed for the first time. 427
	516	+	(H) Each local or regional board of education shall monitor the 428
	517	+	development of each child who, pursuant to subsection (a) of section 429
	518	+	17a-248e, has been (i) referred for a registration on a mobile application 430
	519	+	designated by the Commissioner of Early Childhood, in partnership 431
	520	+	with such child's parent, guardian or surrogate parent, or (ii) provided 432
	521	+	a form for such child's parent, guardian or surrogate parent to complete 433
	522	+	and submit to such local or regional board of education that screens for 434
	523	+	developmental and social-emotional delays using a validated screening 435
	524	+	tool, such as the Ages and Stages Questionnaire and the Ages and Stages 436
	525	+	Social-Emotional Questionnaire, or its equivalent. If such monitoring 437
	526	+	results in suspecting a child of having a developmental delay, the board 438
	527	+	shall schedule a planning and placement team meeting with such child's 439
	528	+	parent, guardian or surrogate parent for the purposes of identifying 440
	529	+	services for which such child may be eligible, including, but not limited 441 Raised Bill No. 6883
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541		-	tool, such as the Ages and Stages Questionnaire and the Ages and Stages 441
542		-	Social-Emotional Questionnaire, or its equivalent. If such monitoring 442
543		-	results in suspecting a child of having a developmental delay, the board 443
544		-	shall schedule a planning and placement team meeting with such child's 444
545		-	parent, guardian or surrogate parent for the purposes of identifying 445
546		-	services for which such child may be eligible, including, but not limited 446
547		-	to, a preschool program under Part B of the Individuals with Disabilities 447
548		-	Act, 20 USC 1471 et seq. If a parent, guardian or surrogate parent of any 448
549		-	child referred for a registration on the mobile application or provided a 449
550		-	form to complete and submit, pursuant to subsection (a) of section 17a-450
551		-	248e, fails to complete such registration or complete and submit such 451
552		-	form after a period of six months from the date of such referral or 452
553		-	provision of such form, the board shall send a reminder, in the form and 453
554		-	manner determined by the board, to such parent, guardian or surrogate 454
555		-	parent to complete such registration or complete and submit such form. 455
556		-	The board shall send another reminder after a period of one year from 456
557		-	such referral or provision of such form if such registration remains 457
558		-	incomplete or such form is not submitted. 458
559		-	(I) Prior to any planning and placement team meeting for a child or 459
560		-	pupil in which an educational program for such child or pupil is 460
561		-	developed, reviewed or revised, if the parent, guardian, pupil or 461
562		-	surrogate parent has requested that the school paraprofessional 462
563		-	assigned to such child or pupil attend such meeting, then the 463
564		-	responsible local or regional board of education shall provide (i) 464
565		-	adequate notice of such meeting to such school paraprofessional so that 465
566		-	such school paraprofessional may adequately prepare for such meeting, 466
567		-	and (ii) training, upon request of such school paraprofessional, on the 467
568		-	role of such school paraprofessional at such meeting. Following such 468
569		-	meeting, such school paraprofessional, or any other paraprofessional 469
570		-	who is providing special education or related services to such child, 470
571		-	shall be permitted to view such educational program in order to be able 471
572		-	to provide special education or related services to such child or pupil in 472
573		-	accordance with such educational program. 473 Substitute Bill No. 6883
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	535	+	to, a preschool program under Part B of the Individuals with Disabilities 442
	536	+	Act, 20 USC 1471 et seq. If a parent, guardian or surrogate parent of any 443
	537	+	child referred for a registration on the mobile application or provided a 444
	538	+	form to complete and submit, pursuant to subsection (a) of section 17a-445
	539	+	248e, fails to complete such registration or complete and submit such 446
	540	+	form after a period of six months from the date of such referral or 447
	541	+	provision of such form, the board shall send a reminder, in the form and 448
	542	+	manner determined by the board, to such parent, guardian or surrogate 449
	543	+	parent to complete such registration or complete and submit such form. 450
	544	+	The board shall send another reminder after a period of one year from 451
	545	+	such referral or provision of such form if such registration remains 452
	546	+	incomplete or such form is not submitted. 453
	547	+	(I) Prior to any planning and placement team meeting for a child or 454
	548	+	pupil in which an educational program for such child or pupil is 455
	549	+	developed, reviewed or revised, if the parent, guardian, pupil or 456
	550	+	surrogate parent has requested that the school paraprofessional 457
	551	+	assigned to such child or pupil attend such meeting, then the 458
	552	+	responsible local or regional board of education shall provide (i) 459
	553	+	adequate notice of such meeting to such school paraprofessional so that 460
	554	+	such school paraprofessional may adequately prepare for such meeting, 461
	555	+	and (ii) training, upon request of such school paraprofessional, on the 462
	556	+	role of such school paraprofessional at such meeting. Following such 463
	557	+	meeting, such school paraprofessional, or any other paraprofessional 464
	558	+	who is providing special education or related services to such child, 465
	559	+	shall be permitted to view such educational program in order to be able 466
	560	+	to provide special education or related services to such child or pupil in 467
	561	+	accordance with such educational program. 468
	562	+	Sec. 14. Subdivision (9) of subsection (a) of section 10-76d of the 469
	563	+	general statutes is repealed and the following is substituted in lieu 470
	564	+	thereof (Effective July 1, 2023): 471
	565	+	(9) (A) The planning and placement team shall, in accordance with 472
	566	+	the provisions of the Individuals With Disabilities Education Act, 20 473
	567	+	USC 1400, et seq., as amended from time to time, develop and include a 474 Raised Bill No. 6883
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580		-	Sec. 14. Subdivision (9) of subsection (a) of section 10-76d of the 474
581		-	general statutes is repealed and the following is substituted in lieu 475
582		-	thereof (Effective July 1, 2023): 476
583		-	(9) (A) The planning and placement team shall, in accordance with 477
584		-	the provisions of the Individuals With Disabilities Education Act, 20 478
585		-	USC 1400, et seq., as amended from time to time, develop and include a 479
586		-	statement of transition service needs in the individualized education 480
587		-	program for each child requiring special education, beginning not later 481
588		-	than the first individualized education program to be in effect when 482
589		-	such child becomes fourteen years of age, or younger if the planning 483
590		-	and placement team determines it is appropriate. Such individualized 484
591		-	education program shall include [(A)] (i) appropriate measurable 485
592		-	postsecondary goals based upon age -appropriate transition 486
593		-	assessments related to training, education, employment and, where 487
594		-	appropriate, independent living skills; and [(B)] (ii) the transition 488
595		-	services, including courses of study, needed to assist such child in 489
596		-	reaching those goals. Such individualized education program shall be 490
597		-	updated annually thereafter in accordance with the provisions of this 491
598		-	subdivision. Nothing in this subdivision shall be construed as requiring 492
599		-	the Department of Aging and Disability Services to lower the age of 493
600		-	transitional services for a child with disabilities from sixteen to fourteen 494
601		-	years of age. 495
602		-	(B) At the first planning and placement team meeting when a child 496
603		-	reaches the age of fourteen and has a statement of transition service 497
604		-	needs included in such child's individualized education program 498
605		-	pursuant to subparagraph (A) of this subdivision, the planning and 499
606		-	placement team shall, for each transition program, as defined in section 500
607		-	1 of this act, and each program for adults for which such child may be 501
608		-	eligible after graduation, (i) notify the state agency that provides such 502
609		-	program about the potential eligibility of such child upon the approval 503
610		-	of the parent or guardian of such child, or a surrogate parent of such 504
611		-	child appointed pursuant to section 10-94g, or such child if such child is 505
612		-	an emancipated minor, and (ii) provide such parent, guardian, 506 Substitute Bill No. 6883
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	573	+	statement of transition service needs in the individualized education 475
	574	+	program for each child requiring special education, beginning not later 476
	575	+	than the first individualized education program to be in effect when 477
	576	+	such child becomes fourteen years of age, or younger if the planning 478
	577	+	and placement team determines it is appropriate. Such individualized 479
	578	+	education program shall include [(A)] (i) appropriate measurable 480
	579	+	postsecondary goals based upon age -appropriate transition 481
	580	+	assessments related to training, education, employment and, where 482
	581	+	appropriate, independent living skills; and [(B)] (ii) the transition 483
	582	+	services, including courses of study, needed to assist such child in 484
	583	+	reaching those goals. Such individualized education program shall be 485
	584	+	updated annually thereafter in accordance with the provisions of this 486
	585	+	subdivision. Nothing in this subdivision shall be construed as requiring 487
	586	+	the Department of Aging and Disability Services to lower the age of 488
	587	+	transitional services for a child with disabilities from sixteen to fourteen 489
	588	+	years of age. 490
	589	+	(B) At the first planning and placement team meeting when a child 491
	590	+	reaches the age of fourteen and has a statement of transition service 492
	591	+	needs included in such child's individualized education program 493
	592	+	pursuant to subparagraph (A) of this subdivision, the planning and 494
	593	+	placement team shall, for each transition program, as defined in section 495
	594	+	1 of this act, and each program for adults for which such child may be 496
	595	+	eligible after graduation, (i) notify the state agency that provides such 497
	596	+	program about the potential eligibility of such child upon the approval 498
	597	+	of the parent or guardian of such child, or a surrogate parent of such 499
	598	+	child appointed pursuant to section 10-94g, or such child if such child is 500
	599	+	an emancipated minor, and (ii) provide such parent, guardian, 501
	600	+	surrogate parent or child a listing of such programs that includes, but is 502
	601	+	not limited to, (I) a plain language description of such program, (II) 503
	602	+	eligibility requirements for such program, and (III) deadlines and 504
	603	+	instructions for applications to such programs. 505
	604	+	(C) Not later than the planning and placement team meeting that 506
	605	+	occurs approximately two years prior to a child's anticipated graduation 507
	606	+	from high school or the end of the school year in which a child will reach 508 Raised Bill No. 6883
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619		-	surrogate parent or child a listing of such programs that includes, but is 507
620		-	not limited to, (I) a plain language description of such program, (II) 508
621		-	eligibility requirements for such program, and (III) deadlines and 509
622		-	instructions for applications to such programs. 510
623		-	(C) Not later than the planning and placement team meeting that 511
624		-	occurs approximately two years prior to a child's anticipated graduation 512
625		-	from high school or the end of the school year in which a child will reach 513
626		-	twenty-two years of age, whichever is expected to occur first based on 514
627		-	such child's individualized education program, the planning and 515
628		-	placement team shall (i) upon the approval of the parent or guardian of 516
629		-	such child, or a surrogate parent of such child appointed pursuant to 517
630		-	section 10-94g or such child if such child is an emancipated minor, (I) 518
631		-	notify any state agency that provides a program for adults for which 519
632		-	such child may be eligible about the potential eligibility of such child, 520
633		-	(II) invite a representative from each such agency to attend the planning 521
634		-	and placement team meeting for the purpose of establishing contact 522
635		-	with and counseling the parent, guardian, surrogate parent or child on 523
636		-	the process for the anticipated transfer of services upon such child 524
637		-	graduating from high school or upon the end of the school year in which 525
638		-	such child reaches twenty-two years of age, whichever is sooner, and 526
639		-	(III) permit and facilitate contact and coordination between each such 527
640		-	agency and such parent, guardian, surrogate parent or child for the 528
641		-	purpose of easing the process for the transfer of services, (ii) provide 529
642		-	such parent, guardian, surrogate parent or child a listing of each 530
643		-	program for adults for which such child may be eligible that includes, 531
644		-	but is not limited to, (I) a plain language description of such program, 532
645		-	(II) eligibility requirements for such program, and (III) deadlines and 533
646		-	instructions for applications to such programs, and (iii) assist such 534
647		-	parent, guardian, surrogate parent or child in completing an application 535
648		-	to any such programs. 536
649		-	Sec. 15. (NEW) (Effective July 1, 2023) The Department of 537
650		-	Developmental Services shall assist any child who is determined to be 538
651		-	potentially eligible for services from the department by such child's 539 Substitute Bill No. 6883
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	611	+
	612	+	twenty-two years of age, whichever is expected to occur first based on 509
	613	+	such child's individualized education program, the planning and 510
	614	+	placement team shall (i) upon the approval of the parent or guardian of 511
	615	+	such child, or a surrogate parent of such child appointed pursuant to 512
	616	+	section 10-94g or such child if such child is an emancipated minor, (I) 513
	617	+	notify any state agency that provides a program for adults for which 514
	618	+	such child may be eligible about the potential eligibility of such child, 515
	619	+	(II) invite a representative from each such agency to attend the planning 516
	620	+	and placement team meeting for the purpose of establishing contact 517
	621	+	with and counseling the parent, guardian, surrogate parent or child on 518
	622	+	the process for the anticipated transfer of services upon such child 519
	623	+	graduating from high school or upon the end of the school year in which 520
	624	+	such child reaches twenty-two years of age, whichever is sooner, and 521
	625	+	(III) permit and facilitate contact and coordination between each such 522
	626	+	agency and such parent, guardian, surrogate parent or child for the 523
	627	+	purpose of easing the process for the transfer of services, (ii) provide 524
	628	+	such parent, guardian, surrogate parent or child a listing of each 525
	629	+	program for adults for which such child may be eligible that includes, 526
	630	+	but is not limited to, (I) a plain language description of such program, 527
	631	+	(II) eligibility requirements for such program, and (III) deadlines and 528
	632	+	instructions for applications to such programs, and (iii) assist such 529
	633	+	parent, guardian, surrogate parent or child in completing an application 530
	634	+	to any such programs. 531
	635	+	Sec. 15. (NEW) (Effective July 1, 2023) The Department of 532
	636	+	Developmental Services shall assist any child who is determined to be 533
	637	+	potentially eligible for services from the department by such child's 534
	638	+	planning and placement team pursuant to subparagraph (B) of 535
	639	+	subdivision (9) of subsection (a) of section 10-76d of the general statutes, 536
	640	+	as amended by this act, to secure and maintain suitable employment 537
	641	+	during the summer. 538
	642	+	Sec. 16. (NEW) (Effective July 1, 2023) The Department of 539
	643	+	Developmental Services and the Bureau of Rehabilitation Services shall 540
	644	+	each employ a sufficient number of employees to provide case 541
	645	+	management or benefit counseling services for children requiring 542 Raised Bill No. 6883
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658		-	planning and placement team pursuant to subparagraph (B) of 540
659		-	subdivision (9) of subsection (a) of section 10-76d of the general statutes, 541
660		-	as amended by this act, to secure and maintain suitable employment 542
661		-	during the summer. 543
662		-	Sec. 16. (NEW) (Effective July 1, 2023) The Department of 544
663		-	Developmental Services and the Bureau of Rehabilitation Services shall 545
664		-	each employ a sufficient number of employees to provide case 546
665		-	management or benefit counseling services for children requiring 547
666		-	special education who may be eligible to receive services from the 548
667		-	department or bureau as determined by a planning and placement team 549
668		-	pursuant to the provisions of subdivision (9) of subsection (a) of section 550
669		-	10-76d of the general statutes, as amended by this act. 551
670		-	Sec. 17. (Effective July 1, 2023) The Auditors of Public Accounts shall 552
671		-	study the level of cooperation between state agencies that provide 553
672		-	transition services, as defined in section 1 of this act. Such study shall 554
673		-	include, but need not be limited to, the examination of any barriers to 555
674		-	cooperation between such agencies and any inefficiencies in the system 556
675		-	for the provision of transition services by such agencies. Not later than 557
676		-	January 1, 2024, the Auditors of Public Accounts shall submit a report, 558
677		-	in accordance with the provisions of section 11-4a of the general statutes, 559
678		-	to the joint standing committee of the General Assembly having 560
679		-	cognizance of matters relating to education. Such report shall include, 561
680		-	but need not be limited to, suggestions to improve the cooperation 562
681		-	between such agencies and the outcomes for recipients of such services. 563
682		-	Sec. 18. (NEW) (Effective July 1, 2023) (a) There is established an Office 564
683		-	of Mediation Services within the Department of Education's Bureau of 565
684		-	Special Education which shall be separate and distinct from any 566
685		-	investigatory or enforcement functions of the department. The Office of 567
686		-	Mediation Services shall (1) expand the mediation services offered by 568
687		-	the department in lieu of proceeding directly to a special education 569
688		-	hearing pursuant to section 10-76h of the general statutes, as amended 570
689		-	by this act, (2) oversee and coordinate such mediation services for each 571
690		-	school district in the state, (3) maintain a list of special education 572 Substitute Bill No. 6883
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	650	+
	651	+	special education who may be eligible to receive services from the 543
	652	+	department or bureau as determined by a planning and placement team 544
	653	+	pursuant to the provisions of subdivision (9) of subsection (a) of section 545
	654	+	10-76d of the general statutes, as amended by this act. 546
	655	+	Sec. 17. (Effective July 1, 2023) The Auditors of Public Accounts shall 547
	656	+	study the level of cooperation between state agencies that provide 548
	657	+	transition services, as defined in section 1 of this act. Such study shall 549
	658	+	include, but not be limited to, the examination of any barriers to 550
	659	+	cooperation between such agencies and any inefficiencies in the system 551
	660	+	for the provision of transition services by such agencies. Not later than 552
	661	+	January 1, 2024, the Auditors of Public Accounts shall submit a report, 553
	662	+	in accordance with the provisions of section 11-4a of the general statutes, 554
	663	+	to the joint standing committee of the General Assembly having 555
	664	+	cognizance of matters relating to education. Such report shall include, 556
	665	+	but need not be limited to, suggestions to improve the cooperation 557
	666	+	between such agencies and the outcomes for recipients of such services. 558
	667	+	Sec. 18. (NEW) (Effective July 1, 2023) (a) There is established an Office 559
	668	+	of Mediation Services within the Department of Education's Bureau of 560
	669	+	Special Education which shall be separate and distinct from any 561
	670	+	investigatory or enforcement functions of the department. The Office of 562
	671	+	Mediation Services shall (1) expand the mediation services offered by 563
	672	+	the department in lieu of proceeding directly to a special education 564
	673	+	hearing pursuant to section 10-76h of the general statutes, as amended 565
	674	+	by this act, (2) oversee and coordinate such mediation services for each 566
	675	+	school district in the state, (3) maintain a list of special education 567
	676	+	mediators that meet the minimum training requirements set forth in 568
	677	+	subsection (c) of this section and are of a sufficient quantity to meet the 569
	678	+	needs of each school district in the state, (4) promote the benefits of 570
	679	+	mediation to each local or regional board of education and to parents, 571
	680	+	guardians and advocacy groups, (5) solicit feedback from local and 572
	681	+	regional boards of education, parents and guardians about the 573
	682	+	mediation process through an annual open meeting, after the conclusion 574
	683	+	of any mediation and in any other manner as determined by the office, 575
	684	+	(6) establish and publish on its Internet web site (A) a statement of the 576 Raised Bill No. 6883
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696	687
697		-	mediators that meet the minimum training requirements set forth in 573
698		-	subsection (c) of this section and are of a sufficient quantity to meet the 574
699		-	needs of each school district in the state, (4) promote the benefits of 575
700		-	mediation to each local or regional board of education, parents and 576
701		-	guardians and special education advocacy groups, (5) solicit feedback 577
702		-	from local and regional boards of education and parents and guardians 578
703		-	about the mediation process through an annual open meeting, after the 579
704		-	conclusion of any mediation and in any other manner as determined by 580
705		-	the office, (6) establish and publish on its Internet web site (A) a 581
706		-	statement of the impartiality of mediators and the confidentiality of 582
707		-	matters discussed in mediation, which shall, at a minimum, provide that 583
708		-	no employee of the office or mediator on the list of special education 584
709		-	mediators may share information from any mediation with an employee 585
710		-	of the department tasked with investigatory or enforcement functions 586
711		-	unless required by state or federal law, and (B) a plain language 587
712		-	resource explaining the mediation process and how to request and 588
713		-	prepare for a mediation, which shall be translated into the most 589
714		-	commonly spoken languages in the state, and (7) create a notice of the 590
715		-	availability of mediation services that includes the link to the plain 591
716		-	language resource pursuant to subparagraph (B) of subdivision (6) of 592
717		-	this subsection, which shall be translated into the most commonly 593
718		-	spoken languages in the state, for distribution by local or regional 594
719		-	boards of education to parents, guardians and surrogate parents of 595
720		-	children requiring special education pursuant to subparagraph (F) of 596
721		-	subdivision (10) of subsection (a) of section 10-76d of the general 597
722		-	statutes, as amended by this act. 598
723		-	(b) The Commissioner of Education shall, within the limits of 599
724		-	available funds appropriated for the purpose of hiring staff, hire one 600
725		-	full-time staff to carry out the duties of the Office of Mediation Services 601
726		-	set forth in this section and section 19 of this act. 602
727		-	(c) The Office of Mediation Services shall verify that each mediator 603
728		-	included on the list of special education mediators maintained by the 604
729		-	office completes (1) not less than forty hours of training in mediation 605 Substitute Bill No. 6883
	688	+	LCO No. 5753 19 of 30
	689	+
	690	+	impartiality of mediators and the confidentiality of matters discussed in 577
	691	+	mediation, which shall include, but not be limited to, a statement that 578
	692	+	no employees of the office or mediators on the list of special education 579
	693	+	mediators may share information from any mediation with the 580
	694	+	employees of the department tasked with investigatory or enforcement 581
	695	+	functions unless required by state or federal law, and (B) a plain 582
	696	+	language resource explaining the mediation process and how to request 583
	697	+	and prepare for a mediation, which shall be translated into the most 584
	698	+	commonly spoken languages in the state, and (7) create a notice of the 585
	699	+	availability of mediation services that includes the link to the plain 586
	700	+	language resource established pursuant to subparagraph (B) of 587
	701	+	subdivision (6) of this subsection, which shall be translated into the most 588
	702	+	commonly spoken languages in the state, for distribution by local or 589
	703	+	regional boards of education to parents, guardians and surrogate 590
	704	+	parents of children requiring special education pursuant to 591
	705	+	subparagraph (F) of subdivision (10) of subsection (a) of section 10-76d 592
	706	+	of the general statutes, as amended by this act. 593
	707	+	(b) The Commissioner of Education shall, within the limits of 594
	708	+	available funds appropriated for the purpose of hiring staff, hire one 595
	709	+	full-time staff to carry out the duties of the Office of Mediation Services 596
	710	+	set forth in this section and section 19 of this act. 597
	711	+	(c) The Office of Mediation Services shall verify that each mediator 598
	712	+	included on the list of special education mediators maintained by the 599
	713	+	office completes (1) not less than forty hours of training in mediation 600
	714	+	skills through a module or course that has been approved by the office, 601
	715	+	and (2) training in special education law for a minimum number of 602
	716	+	hours prescribed by the office through a module or course provided by 603
	717	+	the Department of Education or by another provider approved by the 604
	718	+	office. The office may, in its discretion, waive one such training 605
	719	+	requirement for any applicant for inclusion on the list of special 606
	720	+	education mediators who (A) submits proof of completion of a forty-607
	721	+	hour mediation skills training or an equivalent course of study related 608
	722	+	to mediation skills from an institution of higher education for waiver of 609
	723	+	the mediation skill training requirement, or (B) has sufficient and direct 610 Raised Bill No. 6883
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735	726
736		-	skills through a module or course that has been approved by the office, 606
737		-	and (2) training in special education law for a minimum number of 607
738		-	hours prescribed by the office through a module or course provided by 608
739		-	the Department of Education or by another provider approved by the 609
740		-	office. The office may, in its discretion, waive one such training 610
741		-	requirement for any applicant for inclusion on the list of special 611
742		-	education mediators who (A) submits proof of completion of a forty-612
743		-	hour mediation skills training or an equivalent course of study related 613
744		-	to mediation skills from an institution of higher education for waiver of 614
745		-	the mediation skill training requirement, or (B) has sufficient and direct 615
746		-	professional experience in special education law or submits proof of 616
747		-	completion of a comparable course of study related to special education 617
748		-	law from an institution of higher education for waiver of the special 618
749		-	education law training requirement. Each mediator approved by the 619
750		-	office for inclusion on the list of special education mediators shall 620
751		-	complete at least two hours of continuing education every two years in 621
752		-	subject areas prescribed by the office which may be provided by the 622
753		-	Department of Education or any other organization approved by the 623
754		-	office. Each mediator shall remain impartial and maintain the 624
755		-	confidentiality of any matter discussed during mediation. 625
756		-	(d) The Office of Mediation Services shall exempt five mediators who 626
757		-	conducted special education mediation for the Department of Education 627
758		-	prior to July 1, 2023, from the initial training requirements set forth in 628
759		-	subdivisions (1) and (2) of subsection (c) of this section and include such 629
760		-	mediators on the list of special education mediators maintained by the 630
761		-	office pursuant to subsection (c) of this section. 631
762		-	Sec. 19. (NEW) (Effective July 1, 2023) (a) A parent or guardian of a 632
763		-	child requiring special education and related services, pursuant to 633
764		-	sections 10-76a to 10-76g, inclusive, of the general statutes, as amended 634
765		-	by this act, a child if such child is an emancipated minor or eighteen 635
766		-	years of age or older requiring such services, a surrogate parent 636
767		-	appointed pursuant to section 10-94g of the general statutes, the 637
768		-	Commissioner of Children and Families, or a designee of said 638 Substitute Bill No. 6883
	727	+	LCO No. 5753 20 of 30
	728	+
	729	+	professional experience in special education law or submits proof of 611
	730	+	completion of a comparable course of study related to special education 612
	731	+	law from an institution of higher education for waiver of the special 613
	732	+	education law training requirement. Each mediator approved by the 614
	733	+	office for inclusion on the list of special education mediators shall 615
	734	+	complete at least two hours of continuing education every two years in 616
	735	+	subject areas prescribed by the office which may be provided by the 617
	736	+	Department of Education or any other organization approved by the 618
	737	+	office. Each mediator shall remain impartial and maintain the 619
	738	+	confidentiality of any matter discussed during mediation. 620
	739	+	(d) The Office of Mediation Services shall exempt five mediators who 621
	740	+	conducted special education mediation for the Department of Education 622
	741	+	prior to July 1, 2023, from the initial training requirements set forth in 623
	742	+	subdivisions (1) and (2) of subsection (c) of this section and include such 624
	743	+	mediators on the list of special education mediators maintained by the 625
	744	+	office pursuant to subsection (c) of this section. 626
	745	+	Sec. 19. (NEW) (Effective July 1, 2023) (a) A parent or guardian of a 627
	746	+	child requiring special education and related services, pursuant to 628
	747	+	sections 10-76a to 10-76g, inclusive, of the general statutes, a child if such 629
	748	+	child is an emancipated minor or eighteen years of age or older 630
	749	+	requiring such services, a surrogate parent appointed pursuant to 631
	750	+	section 10-94g of the general statutes, the Commissioner of Children and 632
	751	+	Families, or a designee of said commissioner, on behalf of any such child 633
	752	+	in the custody of said commissioner or the local or regional board of 634
	753	+	education responsible for providing special education and related 635
	754	+	services for a child, may request a mediation through the Office of 636
	755	+	Mediation Services, established pursuant to section 18 of this act, at any 637
	756	+	time for any matter related to the provision of special education for a 638
	757	+	child, including, but not limited to, identification, evaluation, 639
	758	+	educational placement or implementation of an individualized 640
	759	+	education program. 641
	760	+	(b) Upon receipt of a request for a mediation, the Office of Mediation 642
	761	+	Services shall provide notification to the requester of such mediation 643 Raised Bill No. 6883
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774	764
775		-	commissioner, on behalf of any such child in the custody of said 639
776		-	commissioner or the local or regional board of education responsible for 640
777		-	providing special education and related services for a child, may request 641
778		-	a mediation through the Office of Mediation Services, established 642
779		-	pursuant to section 18 of this act, at any time for any matter related to 643
780		-	the provision of special education for a child, including, but not limited 644
781		-	to, identification, evaluation, educational placement or implementation 645
782		-	of an individualized education program. 646
783		-	(b) Upon receipt of a request for a mediation, the Office of Mediation 647
784		-	Services shall provide notification to the requester of such mediation 648
785		-	and any other parties subject to the request of such mediation (1) that a 649
786		-	conflict exists between such parties, (2) about the mediation process, 650
787		-	including, but not limited to, stating that mediation is voluntary, 651
788		-	facilitated by a neutral mediator and nonbinding, and (3) to invite all 652
789		-	parties to participate in mediation. The office shall provide a translator 653
790		-	at the mediation upon the request of any party. 654
791		-	Sec. 20. Section 10-76h of the general statutes is repealed and the 655
792		-	following is substituted in lieu thereof (Effective July 1, 2023): 656
793		-	(a) (1) A parent or guardian of a child requiring special education and 657
794		-	related services pursuant to sections 10-76a to 10-76g, inclusive, as 658
795		-	amended by this act, a pupil if such pupil is an emancipated minor or 659
796		-	eighteen years of age or older requiring such services, a surrogate parent 660
797		-	appointed pursuant to section 10-94g, or the Commissioner of Children 661
798		-	and Families, or a designee of said commissioner, on behalf of any such 662
799		-	child in the custody of said commissioner, may request a hearing of the 663
800		-	local or regional board of education or the unified school district 664
801		-	responsible for providing such services whenever such board or district 665
802		-	proposes or refuses to initiate or change the identification, evaluation or 666
803		-	educational placement of or the provision of a free appropriate public 667
804		-	education to such child or pupil. Such request shall be made by sending 668
805		-	a written request to such board or district with a copy to the Department 669
806		-	of Education. 670 Substitute Bill No. 6883
	765	+	LCO No. 5753 21 of 30
	766	+
	767	+	and any other parties subject to the request of such mediation (1) that a 644
	768	+	conflict exists between such parties, (2) about the mediation process, 645
	769	+	including, but not limited to, stating that mediation is voluntary, 646
	770	+	facilitated by a neutral mediator and nonbinding, and (3) to invite all 647
	771	+	parties to participate in mediation. The office shall provide a translator 648
	772	+	at the mediation upon the request of any party. 649
	773	+	Sec. 20. Section 10-76h of the general statutes is repealed and the 650
	774	+	following is substituted in lieu thereof (Effective July 1, 2023): 651
	775	+	(a) (1) A parent or guardian of a child requiring special education and 652
	776	+	related services pursuant to sections 10-76a to 10-76g, inclusive, as 653
	777	+	amended by this act, a pupil if such pupil is an emancipated minor or 654
	778	+	eighteen years of age or older requiring such services, a surrogate parent 655
	779	+	appointed pursuant to section 10-94g, or the Commissioner of Children 656
	780	+	and Families, or a designee of said commissioner, on behalf of any such 657
	781	+	child in the custody of said commissioner, may request a hearing of the 658
	782	+	local or regional board of education or the unified school district 659
	783	+	responsible for providing such services whenever such board or district 660
	784	+	proposes or refuses to initiate or change the identification, evaluation or 661
	785	+	educational placement of or the provision of a free appropriate public 662
	786	+	education to such child or pupil. Such request shall be made by sending 663
	787	+	a written request to such board or district with a copy to the Department 664
	788	+	of Education. 665
	789	+	(2) The local or regional board of education or the unified school 666
	790	+	district responsible for providing special education and related services 667
	791	+	for a child or pupil requiring such services under sections 10-76a to 10-668
	792	+	76g, inclusive, as amended by this act, may request, upon written notice 669
	793	+	to the parent or guardian of such child, the pupil if such pupil is an 670
	794	+	emancipated minor or is eighteen years of age or older, the surrogate 671
	795	+	parent appointed pursuant to section 10-94g, or the Commissioner of 672
	796	+	Children and Families, or a designee of said commissioner, on behalf of 673
	797	+	any such child or pupil in the custody of said commissioner, a hearing 674
	798	+	concerning the decision of the planning and placement team established 675
	799	+	pursuant to section 10-76d, as amended by this act, whenever such 676 Raised Bill No. 6883
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812	802
813		-	(2) The local or regional board of education or the unified school 671
814		-	district responsible for providing special education and related services 672
815		-	for a child or pupil requiring such services under sections 10-76a to 10-673
816		-	76g, inclusive, as amended by this act, may request, upon written notice 674
817		-	to the parent or guardian of such child, the pupil if such pupil is an 675
818		-	emancipated minor or is eighteen years of age or older, the surrogate 676
819		-	parent appointed pursuant to section 10-94g, or the Commissioner of 677
820		-	Children and Families, or a designee of said commissioner, on behalf of 678
821		-	any such child or pupil in the custody of said commissioner, a hearing 679
822		-	concerning the decision of the planning and placement team established 680
823		-	pursuant to section 10-76d, as amended by this act, whenever such 681
824		-	board or district proposes or refuses to initiate or change the 682
825		-	identification, evaluation or educational placement of or the provision 683
826		-	of a free appropriate public education placement to such child or pupil, 684
827		-	including, but not limited to, refusal of the parent or guardian, pupil if 685
828		-	such pupil is an emancipated minor or is eighteen years of age or older 686
829		-	or the surrogate parent appointed pursuant to section 10-94g, to give 687
830		-	consent for initial evaluation or reevaluation or the withdrawal of such 688
831		-	consent. The local or regional board of education or unified school 689
832		-	district shall provide a copy of the request to the Department of 690
833		-	Education. In the event a planning and placement team proposes private 691
834		-	placement for a child or pupil who requires or may require special 692
835		-	education and related services and the parent, guardian, pupil if such 693
836		-	pupil is an emancipated minor or is eighteen years of age or older or 694
837		-	surrogate parent appointed pursuant to section 10-94g withholds or 695
838		-	revokes consent for such placement, the local or regional board of 696
839		-	education shall request a hearing in accordance with this section and 697
840		-	may request mediation pursuant to subsection (f) of this section, 698
841		-	provided such action may be taken only in the event such parent, 699
842		-	guardian, pupil or surrogate parent has consented to the initial receipt 700
843		-	of special education and related services and subsequent to the initial 701
844		-	placement of the child, the local or regional board of education seeks a 702
845		-	private placement. For purposes of this section, a "local or regional 703
846		-	board of education or unified school district" includes any public agency 704
847		-	which is responsible for the provision of special education and related 705 Substitute Bill No. 6883
	803	+	LCO No. 5753 22 of 30
	804	+
	805	+	board or district proposes or refuses to initiate or change the 677
	806	+	identification, evaluation or educational placement of or the provision 678
	807	+	of a free appropriate public education placement to such child or pupil, 679
	808	+	including, but not limited to, refusal of the parent or guardian, pupil if 680
	809	+	such pupil is an emancipated minor or is eighteen years of age or older 681
	810	+	or the surrogate parent appointed pursuant to section 10-94g, to give 682
	811	+	consent for initial evaluation or reevaluation or the withdrawal of such 683
	812	+	consent. The local or regional board of education or unified school 684
	813	+	district shall provide a copy of the request to the Department of 685
	814	+	Education. In the event a planning and placement team proposes private 686
	815	+	placement for a child or pupil who requires or may require special 687
	816	+	education and related services and the parent, guardian, pupil if such 688
	817	+	pupil is an emancipated minor or is eighteen years of age or older or 689
	818	+	surrogate parent appointed pursuant to section 10-94g withholds or 690
	819	+	revokes consent for such placement, the local or regional board of 691
	820	+	education shall request a hearing in accordance with this section and 692
	821	+	may request mediation pursuant to subsection (f) of this section, 693
	822	+	provided such action may be taken only in the event such parent, 694
	823	+	guardian, pupil or surrogate parent has consented to the initial receipt 695
	824	+	of special education and related services and subsequent to the initial 696
	825	+	placement of the child, the local or regional board of education seeks a 697
	826	+	private placement. For purposes of this section, a "local or regional 698
	827	+	board of education or unified school district" includes any public agency 699
	828	+	which is responsible for the provision of special education and related 700
	829	+	services to children requiring special education and related services. 701
	830	+	(3) The request for a hearing shall contain a statement of the specific 702
	831	+	issues in dispute. 703
	832	+	(4) A party shall have two years to request a hearing from the time 704
	833	+	the board of education proposed or refused to initiate or change the 705
	834	+	identification, evaluation or educational placement or the provision of a 706
	835	+	free appropriate public education placement to such child or pupil 707
	836	+	provided, if the parent, guardian, pupil or surrogate parent is not given 708
	837	+	notice of the procedural safeguards, in accordance with regulations 709
	838	+	adopted by the State Board of Education, including notice of the 710 Raised Bill No. 6883
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853	841
854		-	services to children requiring special education and related services. 706
855		-	(3) The request for a hearing shall contain a statement of the specific 707
856		-	issues in dispute. 708
857		-	(4) A party shall have two years to request a hearing from the time 709
858		-	the board of education proposed or refused to initiate or change the 710
859		-	identification, evaluation or educational placement or the provision of a 711
860		-	free appropriate public education placement to such child or pupil 712
861		-	provided, if the parent, guardian, pupil or surrogate parent is not given 713
862		-	notice of the procedural safeguards, in accordance with regulations 714
863		-	adopted by the State Board of Education, including notice of the 715
864		-	limitations contained in this section, such two-year limitation shall be 716
865		-	calculated from the time notice of the safeguards is properly given. 717
866		-	(b) Upon receipt of a written request for a special education hearing 718
867		-	made in accordance with subsection (a) of this section, the Department 719
868		-	of Education shall appoint an impartial hearing officer who shall 720
869		-	schedule a hearing which shall be held and the decision written and 721
870		-	mailed not later than forty-five days after the commencement of the 722
871		-	hearing pursuant to the Individuals with Disabilities Education Act, 20 723
872		-	USC 1400 et seq., as amended from time to time. An extension of the 724
873		-	forty-five-day time limit may be granted by the hearing officer at the 725
874		-	request of either party to the hearing. 726
875		-	(c) (1) The Department of Education shall provide training to hearing 727
876		-	officers in administrative hearing procedures, including due process, 728
877		-	and in the special educational needs of children. Hearing officers and 729
878		-	members of hearing boards shall not be employees of the Department 730
879		-	of Education or any local or regional board of education, unified school 731
880		-	district or public agency involved in the education or care of the child. 732
881		-	A person who is paid to serve as a hearing officer is not deemed to be 733
882		-	an employee of the Department of Education. No person who 734
883		-	participated in the previous identification, evaluation or educational 735
884		-	placement of or the provision of a free appropriate public education to 736
885		-	the child or pupil nor any member of the board of education of the 737 Substitute Bill No. 6883
	842	+	LCO No. 5753 23 of 30
	843	+
	844	+	limitations contained in this section, such two-year limitation shall be 711
	845	+	calculated from the time notice of the safeguards is properly given. 712
	846	+	(b) Upon receipt of a written request for a special education hearing 713
	847	+	made in accordance with subsection (a) of this section, the Department 714
	848	+	of Education shall appoint an impartial hearing officer who shall 715
	849	+	schedule a hearing which shall be held and the decision written and 716
	850	+	mailed not later than forty-five days after the commencement of the 717
	851	+	hearing pursuant to the Individuals with Disabilities Education Act, 20 718
	852	+	USC 1400 et seq., as amended from time to time. An extension of the 719
	853	+	forty-five-day time limit may be granted by the hearing officer at the 720
	854	+	request of either party to the hearing. 721
	855	+	(c) (1) The Department of Education shall provide training to hearing 722
	856	+	officers in administrative hearing procedures, including due process, 723
	857	+	and in the special educational needs of children. Hearing officers and 724
	858	+	members of hearing boards shall not be employees of the Department 725
	859	+	of Education or any local or regional board of education, unified school 726
	860	+	district or public agency involved in the education or care of the child. 727
	861	+	A person who is paid to serve as a hearing officer is not deemed to be 728
	862	+	an employee of the Department of Education. No person who 729
	863	+	participated in the previous identification, evaluation or educational 730
	864	+	placement of or the provision of a free appropriate public education to 731
	865	+	the child or pupil nor any member of the board of education of the 732
	866	+	school district under review, shall be a hearing officer or a member of a 733
	867	+	hearing board. 734
	868	+	(2) Both parties shall participate in a prehearing conference to resolve 735
	869	+	the issues in dispute, if possible and narrow the scope of the issues. Each 736
	870	+	party to the hearing shall disclose, not later than five business days prior 737
	871	+	to the date the hearing commences, (A) documentary evidence such 738
	872	+	party plans to present at the hearing and a list of witnesses such party 739
	873	+	plans to call at the hearing, and (B) all completed evaluations and 740
	874	+	recommendations based on the offering party's evaluations that the 741
	875	+	party intends to use at the hearing. Except for good cause shown, the 742
	876	+	hearing officer shall limit each party to such documentary evidence and 743 Raised Bill No. 6883
886	877
887	878
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890		-	24 of 30
891	879
892		-	school district under review, shall be a hearing officer or a member of a 738
893		-	hearing board. 739
894		-	(2) Both parties shall participate in a prehearing conference to resolve 740
895		-	the issues in dispute, if possible and narrow the scope of the issues. Each 741
896		-	party to the hearing shall disclose, not later than five business days prior 742
897		-	to the date the hearing commences, (A) documentary evidence such 743
898		-	party plans to present at the hearing and a list of witnesses such party 744
899		-	plans to call at the hearing, and (B) all completed evaluations and 745
900		-	recommendations based on the offering party's evaluations that the 746
901		-	party intends to use at the hearing. Except for good cause shown, the 747
902		-	hearing officer shall limit each party to such documentary evidence and 748
903		-	witnesses as were properly disclosed and are relevant to the issues in 749
904		-	dispute. A hearing officer may bar any party who fails to comply with 750
905		-	the requirements concerning disclosure of evaluations and 751
906		-	recommendations from introducing any undisclosed evaluation or 752
907		-	recommendation at the hearing without the consent of the other party. 753
908		-	(3) The hearing officer or board shall hear testimony relevant to the 754
909		-	issues in dispute offered by the party requesting the hearing and any 755
910		-	other party directly involved, and may hear any additional testimony 756
911		-	the hearing officer or board deems relevant. The hearing officer or board 757
912		-	shall hear the testimony offered by the local or regional board of 758
913		-	education or the unified school district responsible for providing special 759
914		-	education to a child or pupil first in any dispute concerning the 760
915		-	provision of free appropriate public education. The hearing officer or 761
916		-	board may require a complete and independent evaluation or 762
917		-	prescription of educational programs by qualified persons, the cost of 763
918		-	which shall be paid by the board of education or the unified school 764
919		-	district. The hearing officer or board shall cause all formal sessions of 765
920		-	the hearing and review to be recorded in order to provide a verbatim 766
921		-	record. 767
922		-	(d) (1) The hearing officer or board shall have the authority (A) to 768
923		-	confirm, modify, or reject the identification, evaluation or educational 769
924		-	placement of or the provision of a free appropriate public education to 770 Substitute Bill No. 6883
	880	+	LCO No. 5753 24 of 30
	881	+
	882	+	witnesses as were properly disclosed and are relevant to the issues in 744
	883	+	dispute. A hearing officer may bar any party who fails to comply with 745
	884	+	the requirements concerning disclosure of evaluations and 746
	885	+	recommendations from introducing any undisclosed evaluation or 747
	886	+	recommendation at the hearing without the consent of the other party. 748
	887	+	(3) The hearing officer or board shall hear testimony relevant to the 749
	888	+	issues in dispute offered by the party requesting the hearing and any 750
	889	+	other party directly involved, and may hear any additional testimony 751
	890	+	the hearing officer or board deems relevant. The hearing officer or board 752
	891	+	shall hear the testimony offered by the local or regional board of 753
	892	+	education or the unified school district responsible for providing special 754
	893	+	education to a child or pupil first in any dispute concerning the 755
	894	+	provision of free appropriate public education. The hearing officer or 756
	895	+	board may require a complete and independent evaluation or 757
	896	+	prescription of educational programs by qualified persons, the cost of 758
	897	+	which shall be paid by the board of education or the unified school 759
	898	+	district. The hearing officer or board shall cause all formal sessions of 760
	899	+	the hearing and review to be recorded in order to provide a verbatim 761
	900	+	record. 762
	901	+	(d) (1) The hearing officer or board shall have the authority (A) to 763
	902	+	confirm, modify, or reject the identification, evaluation or educational 764
	903	+	placement of or the provision of a free appropriate public education to 765
	904	+	the child or pupil, (B) to determine the appropriateness of an 766
	905	+	educational placement where the parent or guardian of a child requiring 767
	906	+	special education or the pupil if such pupil is an emancipated minor or 768
	907	+	eighteen years of age or older, has placed the child or pupil in a program 769
	908	+	other than that prescribed by the planning and placement team, or (C) 770
	909	+	to prescribe alternate special educational programs for the child or 771
	910	+	pupil. If the parent or guardian of such a child who previously received 772
	911	+	special education and related services from the district enrolls the child, 773
	912	+	or the pupil who previously received special education and related 774
	913	+	services from the district enrolls in a private elementary or secondary 775
	914	+	school without the consent of or referral by the district, a hearing officer 776
	915	+	may, in accordance with the Individuals with Disabilities Education Act, 777 Raised Bill No. 6883
925	916
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929		-	25 of 30
930	918
931		-	the child or pupil, (B) to determine the appropriateness of an 771
932		-	educational placement where the parent or guardian of a child requiring 772
933		-	special education or the pupil if such pupil is an emancipated minor or 773
934		-	eighteen years of age or older, has placed the child or pupil in a program 774
935		-	other than that prescribed by the planning and placement team, or (C) 775
936		-	to prescribe alternate special educational programs for the child or 776
937		-	pupil. If the parent or guardian of such a child who previously received 777
938		-	special education and related services from the district enrolls the child, 778
939		-	or the pupil who previously received special education and related 779
940		-	services from the district enrolls in a private elementary or secondary 780
941		-	school without the consent of or referral by the district, a hearing officer 781
942		-	may, in accordance with the Individuals with Disabilities Education Act, 782
943		-	20 USC 1400 et seq., as amended from time to time, require the district 783
944		-	to reimburse the parents or the pupil for the cost of that enrollment if 784
945		-	the hearing officer finds that the district had not made a free appropriate 785
946		-	public education available to the child or pupil in a timely manner prior 786
947		-	to that enrollment. In the case where a parent or guardian, or pupil if 787
948		-	such pupil is an emancipated minor or is eighteen years of age or older, 788
949		-	or a surrogate parent appointed pursuant to section 10-94g, has refused 789
950		-	consent for initial evaluation or reevaluation, the hearing officer or 790
951		-	board may order an initial evaluation or reevaluation without the 791
952		-	consent of such parent, guardian, pupil or surrogate parent except that 792
953		-	if the parent, guardian, pupil or surrogate parent appeals such decision 793
954		-	pursuant to subdivision (4) of this subsection, the child or pupil may not 794
955		-	be evaluated or placed pending the disposition of the appeal. The 795
956		-	hearing officer or board shall inform the parent or guardian, or the 796
957		-	emancipated minor or pupil eighteen years of age or older, or the 797
958		-	surrogate parent appointed pursuant to section 10-94g, or the 798
959		-	Commissioner of Children and Families, as the case may be, and the 799
960		-	board of education of the school district or the unified school district of 800
961		-	the decision in writing and mail such decision not later than forty-five 801
962		-	days after the commencement of the hearing pursuant to the Individuals 802
963		-	with Disabilities Education Act, 20 USC 1400 et seq., as amended from 803
964		-	time to time, except that a hearing officer or board may grant specific 804
965		-	extensions of such forty-five-day period in order to comply with the 805 Substitute Bill No. 6883
	919	+	LCO No. 5753 25 of 30
	920	+
	921	+	20 USC 1400 et seq., as amended from time to time, require the district 778
	922	+	to reimburse the parents or the pupil for the cost of that enrollment if 779
	923	+	the hearing officer finds that the district had not made a free appropriate 780
	924	+	public education available to the child or pupil in a timely manner prior 781
	925	+	to that enrollment. In the case where a parent or guardian, or pupil if 782
	926	+	such pupil is an emancipated minor or is eighteen years of age or older, 783
	927	+	or a surrogate parent appointed pursuant to section 10-94g, has refused 784
	928	+	consent for initial evaluation or reevaluation, the hearing officer or 785
	929	+	board may order an initial evaluation or reevaluation without the 786
	930	+	consent of such parent, guardian, pupil or surrogate parent except that 787
	931	+	if the parent, guardian, pupil or surrogate parent appeals such decision 788
	932	+	pursuant to subdivision (4) of this subsection, the child or pupil may not 789
	933	+	be evaluated or placed pending the disposition of the appeal. The 790
	934	+	hearing officer or board shall inform the parent or guardian, or the 791
	935	+	emancipated minor or pupil eighteen years of age or older, or the 792
	936	+	surrogate parent appointed pursuant to section 10-94g, or the 793
	937	+	Commissioner of Children and Families, as the case may be, and the 794
	938	+	board of education of the school district or the unified school district of 795
	939	+	the decision in writing and mail such decision not later than forty-five 796
	940	+	days after the commencement of the hearing pursuant to the Individuals 797
	941	+	with Disabilities Education Act, 20 USC 1400 et seq., as amended from 798
	942	+	time to time, except that a hearing officer or board may grant specific 799
	943	+	extensions of such forty-five-day period in order to comply with the 800
	944	+	provisions of subsection (b) of this section. The hearing officer may 801
	945	+	include in the decision a comment on the conduct of the proceedings. 802
	946	+	The findings of fact, conclusions of law and decision shall be written 803
	947	+	without personally identifiable information concerning such child or 804
	948	+	pupil, so that such decisions may be promptly indexed and published 805
	949	+	and available for public inspections pursuant to sections 4-167 and 4-806
	950	+	180a. 807
	951	+	(2) If the local or regional board of education or the unified school 808
	952	+	district responsible for providing special education for such child or 809
	953	+	pupil requiring special education does not take action on the findings or 810
	954	+	prescription of the hearing officer or board within fifteen days after 811 Raised Bill No. 6883
966	955
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970		-	26 of 30
971	957
972		-	provisions of subsection (b) of this section. The hearing officer may 806
973		-	include in the decision a comment on the conduct of the proceedings. 807
974		-	The findings of fact, conclusions of law and decision shall be written 808
975		-	without personally identifiable information concerning such child or 809
976		-	pupil, so that such decisions may be promptly indexed and published 810
977		-	and available for public inspections pursuant to sections 4-167 and 4-811
978		-	180a. 812
979		-	(2) If the local or regional board of education or the unified school 813
980		-	district responsible for providing special education for such child or 814
981		-	pupil requiring special education does not take action on the findings or 815
982		-	prescription of the hearing officer or board within fifteen days after 816
983		-	receipt thereof, the State Board of Education shall take appropriate 817
984		-	action to enforce the findings or prescriptions of the hearing officer or 818
985		-	board. Such action may include application to the Superior Court for 819
986		-	injunctive relief to compel such local or regional board or school district 820
987		-	to implement the findings or prescription of the hearing officer or board 821
988		-	without the necessity of establishing irreparable harm or inadequate 822
989		-	remedy at law. 823
990		-	(3) If the hearing officer or board upholds the local or regional board 824
991		-	of education or the unified school district responsible for providing 825
992		-	special education and related services for such child or pupil who 826
993		-	requires or may require special education on the issue of evaluation, 827
994		-	reevaluation or placement in a private school or facility, such board or 828
995		-	district may evaluate or provide such services to the child or pupil 829
996		-	without the consent of the parent or guardian, pupil if such pupil is an 830
997		-	emancipated minor or is eighteen years of age or older, or the surrogate 831
998		-	parent appointed pursuant to section 10-94g, subject to an appeal 832
999		-	pursuant to subdivision (4) of this subsection. 833
1000		-	(4) Appeals from the decision of the hearing officer or board shall be 834
1001		-	taken in the manner set forth in section 4-183, except the court shall hear 835
1002		-	additional evidence at the request of a party. Notwithstanding the 836
1003		-	provisions of section 4-183, such appeal shall be taken to the judicial 837
1004		-	district wherein the child or pupil resides. In the event of an appeal, 838 Substitute Bill No. 6883
	958	+	LCO No. 5753 26 of 30
	959	+
	960	+	receipt thereof, the State Board of Education shall take appropriate 812
	961	+	action to enforce the findings or prescriptions of the hearing officer or 813
	962	+	board. Such action may include application to the Superior Court for 814
	963	+	injunctive relief to compel such local or regional board or school district 815
	964	+	to implement the findings or prescription of the hearing officer or board 816
	965	+	without the necessity of establishing irreparable harm or inadequate 817
	966	+	remedy at law. 818
	967	+	(3) If the hearing officer or board upholds the local or regional board 819
	968	+	of education or the unified school district responsible for providing 820
	969	+	special education and related services for such child or pupil who 821
	970	+	requires or may require special education on the issue of evaluation, 822
	971	+	reevaluation or placement in a private school or facility, such board or 823
	972	+	district may evaluate or provide such services to the child or pupil 824
	973	+	without the consent of the parent or guardian, pupil if such pupil is an 825
	974	+	emancipated minor or is eighteen years of age or older, or the surrogate 826
	975	+	parent appointed pursuant to section 10-94g, subject to an appeal 827
	976	+	pursuant to subdivision (4) of this subsection. 828
	977	+	(4) Appeals from the decision of the hearing officer or board shall be 829
	978	+	taken in the manner set forth in section 4-183, except the court shall hear 830
	979	+	additional evidence at the request of a party. Notwithstanding the 831
	980	+	provisions of section 4-183, such appeal shall be taken to the judicial 832
	981	+	district wherein the child or pupil resides. In the event of an appeal, 833
	982	+	upon request and at the expense of the State Board of Education, said 834
	983	+	board shall supply a copy of the transcript of the formal sessions of the 835
	984	+	hearing officer or board to the parent or guardian or the emancipated 836
	985	+	minor or pupil eighteen years of age or older or surrogate parent or said 837
	986	+	commissioner and to the board of education of the school district or the 838
	987	+	unified school district. 839
	988	+	(e) Hearing officers and members of the hearing board shall be paid 840
	989	+	reasonable fees and expenses as established by the State Board of 841
	990	+	Education. 842
	991	+	(f) (1) In lieu of proceeding directly to a hearing, pursuant to 843 Raised Bill No. 6883
1005	992
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1009		-	27 of 30
1010	994
1011		-	upon request and at the expense of the State Board of Education, said 839
1012		-	board shall supply a copy of the transcript of the formal sessions of the 840
1013		-	hearing officer or board to the parent or guardian or the emancipated 841
1014		-	minor or pupil eighteen years of age or older or surrogate parent or said 842
1015		-	commissioner and to the board of education of the school district or the 843
1016		-	unified school district. 844
1017		-	(e) Hearing officers and members of the hearing board shall be paid 845
1018		-	reasonable fees and expenses as established by the State Board of 846
1019		-	Education. 847
1020		-	(f) (1) In lieu of proceeding directly to a hearing, pursuant to 848
1021		-	subsection (a) of this section, [the parties] any party may [agree in 849
1022		-	writing to request the Commissioner of Education to appoint a state 850
1023		-	mediator] request mediation through the Office of Mediation Services, 851
1024		-	established pursuant to section 18 of this act. Upon the receipt of a 852
1025		-	[written] request for mediation, [signed by both parties, the 853
1026		-	commissioner] the office shall appoint a mediator, [knowledgeable in 854
1027		-	the fields and areas significant to the review of the special educational 855
1028		-	needs of the child or pupil] in accordance with section 19 of this act, and 856
1029		-	invite all parties to a mediation with a person selected from the list of 857
1030		-	special education mediators maintained by said office. The mediator 858
1031		-	shall attempt to resolve the issues in a manner which is acceptable to the 859
1032		-	parties. The mediator shall certify in writing to the [Department of 860
1033		-	Education] office and to the parties whether the mediation was 861
1034		-	successful or unsuccessful. 862
1035		-	(2) If the dispute is not resolved through mediation, [either] any party 863
1036		-	may proceed to a hearing. 864
1037		-	(g) The Department of Education shall establish and publish on its 865
1038		-	Internet web site a plain language resource explaining the (1) process by 866
1039		-	which the department resolves complaints, and (2) hearing process 867
1040		-	established pursuant to this section and how to request and prepare for 868
1041		-	a hearing, both of which shall be translated into the most commonly 869
1042		-	spoken languages in the state. 870 Substitute Bill No. 6883
	995	+	LCO No. 5753 27 of 30
	996	+
	997	+	subsection (a) of this section, [the parties] any party may [agree in 844
	998	+	writing to request the Commissioner of Education to appoint a state 845
	999	+	mediator] request mediation through the Office of Mediation Services, 846
	1000	+	established pursuant to section 18 of this act. Upon the receipt of a 847
	1001	+	[written] request for mediation, [signed by both parties, the 848
	1002	+	commissioner] the office shall appoint a mediator, [knowledgeable in 849
	1003	+	the fields and areas significant to the review of the special educational 850
	1004	+	needs of the child or pupil] in accordance with section 19 of this act, and 851
	1005	+	invite all parties to a mediation with a person selected from the list of 852
	1006	+	special education mediators maintained by said office. The mediator 853
	1007	+	shall attempt to resolve the issues in a manner which is acceptable to the 854
	1008	+	parties. The mediator shall certify in writing to the [Department of 855
	1009	+	Education] office and to the parties whether the mediation was 856
	1010	+	successful or unsuccessful. 857
	1011	+	(2) If the dispute is not resolved through mediation, [either] any party 858
	1012	+	may proceed to a hearing. 859
	1013	+	(g) The Department of Education shall establish and publish on its 860
	1014	+	Internet web site a plain language resource explaining (1) the process by 861
	1015	+	which the department resolves complaints, and (2) the hearing process 862
	1016	+	established pursuant to this section and how to request and prepare for 863
	1017	+	a hearing, both of which shall be translated into the most commonly 864
	1018	+	spoken languages in the state. 865
	1019	+	Sec. 21. (NEW) (Effective July 1, 2023) The Department of Education 866
	1020	+	shall initiate a program of overseeing the implementation of the 867
	1021	+	Individuals with Disabilities Education Act, 20 USC 1400 et seq., as 868
	1022	+	amended from time to time, in school districts throughout the state. 869
	1023	+	Under such program, the department shall conduct audits of special 870
	1024	+	education programs in randomly selected school districts each year. 871
	1025	+	Such audits shall include, but need not be limited to, (1) interviewing 872
	1026	+	teachers and staff who provide special education services and parents 873
	1027	+	or guardians of children requiring special education, (2) conducting 874
	1028	+	unannounced on-site visits, and (3) reviewing individualized education 875
	1029	+	programs upon the approval of the parent or guardian of the child to 876 Raised Bill No. 6883
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1047		-	28 of 30
1048	1032
1049		-	Sec. 21. (NEW) (Effective July 1, 2023) The Department of Education 871
1050		-	shall initiate a program of overseeing the implementation of the 872
1051		-	Individuals with Disabilities Education Act, 20 USC 1400 et seq., as 873
1052		-	amended from time to time, in school districts throughout the state. 874
1053		-	Under such program, the department shall conduct audits of special 875
1054		-	education programs in randomly selected school districts each year. 876
1055		-	Such audits shall include, but need not be limited to, (1) interviewing 877
1056		-	teachers and staff who provide special education services and parents 878
1057		-	or guardians of children requiring special education, (2) conducting 879
1058		-	unannounced on-site visits, and (3) reviewing individualized education 880
1059		-	programs upon the approval of the parent or guardian of the child to 881
1060		-	whom such individualized education program applies. 882
1061		-	Sec. 22. Subsection (a) of section 10-220a of the general statutes is 883
1062		-	repealed and the following is substituted in lieu thereof (Effective July 1, 884
1063		-	2023): 885
1064		-	(a) Each local or regional board of education shall provide an in-886
1065		-	service training program for its teachers, administrators and pupil 887
1066		-	personnel who hold the initial educator, provisional educator or 888
1067		-	professional educator certificate. Such program shall provide such 889
1068		-	teachers, administrators and pupil personnel with information on (1) 890
1069		-	the nature and the relationship of alcohol and drugs, as defined in 891
1070		-	subdivision (17) of section 21a-240, to health and personality 892
1071		-	development, and procedures for discouraging their abuse, (2) health 893
1072		-	and mental health risk reduction education that includes, but need not 894
1073		-	be limited to, the prevention of risk-taking behavior by children and the 895
1074		-	relationship of such behavior to substance abuse, pregnancy, sexually 896
1075		-	transmitted diseases, including HIV-infection and AIDS, as defined in 897
1076		-	section 19a-581, violence, teen dating violence, domestic violence and 898
1077		-	child abuse, (3) school violence prevention, conflict resolution, the 899
1078		-	prevention of and response to youth suicide and the identification and 900
1079		-	prevention of and response to bullying, as defined in subsection (a) of 901
1080		-	section 10-222d, except that those boards of education that implement 902
1081		-	any evidence-based model approach that is approved by the 903 Substitute Bill No. 6883
	1033	+	LCO No. 5753 28 of 30
	1034	+
	1035	+	whom such individualized education program applies. 877
	1036	+	Sec. 22. Subsection (a) of section 10-220a of the general statutes is 878
	1037	+	repealed and the following is substituted in lieu thereof (Effective July 1, 879
	1038	+	2023): 880
	1039	+	(a) Each local or regional board of education shall provide an in-881
	1040	+	service training program for its teachers, administrators and pupil 882
	1041	+	personnel who hold the initial educator, provisional educator or 883
	1042	+	professional educator certificate. Such program shall provide such 884
	1043	+	teachers, administrators and pupil personnel with information on (1) 885
	1044	+	the nature and the relationship of alcohol and drugs, as defined in 886
	1045	+	subdivision (17) of section 21a-240, to health and personality 887
	1046	+	development, and procedures for discouraging their abuse, (2) health 888
	1047	+	and mental health risk reduction education that includes, but need not 889
	1048	+	be limited to, the prevention of risk-taking behavior by children and the 890
	1049	+	relationship of such behavior to substance abuse, pregnancy, sexually 891
	1050	+	transmitted diseases, including HIV-infection and AIDS, as defined in 892
	1051	+	section 19a-581, violence, teen dating violence, domestic violence and 893
	1052	+	child abuse, (3) school violence prevention, conflict resolution, the 894
	1053	+	prevention of and response to youth suicide and the identification and 895
	1054	+	prevention of and response to bullying, as defined in subsection (a) of 896
	1055	+	section 10-222d, except that those boards of education that implement 897
	1056	+	any evidence-based model approach that is approved by the 898
	1057	+	Department of Education and is consistent with subsection (c) of section 899
	1058	+	10-145a, sections 10-222d, 10-222g and 10-222h, subsection (g) of section 900
	1059	+	10-233c and sections 1 and 3 of public act 08-160, shall not be required 901
	1060	+	to provide in-service training on the identification and prevention of 902
	1061	+	and response to bullying, (4) cardiopulmonary resuscitation and other 903
	1062	+	emergency life saving procedures, (5) the requirements and obligations 904
	1063	+	of a mandated reporter, (6) the detection and recognition of, and 905
	1064	+	evidence-based structured literacy interventions for, students with 906
	1065	+	dyslexia, as defined in section 10-3d, (7) culturally responsive pedagogy 907
	1066	+	and practice, including, but not limited to, the video training module 908
	1067	+	relating to implicit bias and anti-bias in the hiring process in accordance 909
	1068	+	with the provisions of section 10-156hh, [and] (8) the principles and 910 Raised Bill No. 6883
1082	1069
1083	1070
1084		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06883-
1085		-	R01-HB.docx }
1086		-	29 of 30
1087	1071
1088		-	Department of Education and is consistent with subsection (c) of section 904
1089		-	10-145a, sections 10-222d, 10-222g and 10-222h, subsection (g) of section 905
1090		-	10-233c and sections 1 and 3 of public act 08-160, shall not be required 906
1091		-	to provide in-service training on the identification and prevention of 907
1092		-	and response to bullying, (4) cardiopulmonary resuscitation and other 908
1093		-	emergency life saving procedures, (5) the requirements and obligations 909
1094		-	of a mandated reporter, (6) the detection and recognition of, and 910
1095		-	evidence-based structured literacy interventions for, students with 911
1096		-	dyslexia, as defined in section 10-3d, (7) culturally responsive pedagogy 912
1097		-	and practice, including, but not limited to, the video training module 913
1098		-	relating to implicit bias and anti-bias in the hiring process in accordance 914
1099		-	with the provisions of section 10-156hh, [and] (8) the principles and 915
1100		-	practices of social-emotional learning and restorative practices, and (9) 916
1101		-	the laws governing the implementation of planning and placement team 917
1102		-	meetings and concerning plans pursuant to Section 504 of the 918
1103		-	Rehabilitation Act of 1973, as amended from time to time. Each local or 919
1104		-	regional board of education may allow any paraprofessional or 920
1105		-	noncertified employee to participate, on a voluntary basis, in any in-921
1106		-	service training program provided pursuant to this section. 922
	1072	+	LCO No. 5753 29 of 30
	1073	+
	1074	+	practices of social-emotional learning and restorative practices, and (9) 911
	1075	+	the laws governing the implementation of planning and placement team 912
	1076	+	meetings and concerning plans pursuant to Section 504 of the 913
	1077	+	Rehabilitation Act of 1973, as amended from time to time. Each local or 914
	1078	+	regional board of education may allow any paraprofessional or 915
	1079	+	noncertified employee to participate, on a voluntary basis, in any in-916
	1080	+	service training program provided pursuant to this section. 917
1107	1081		This act shall take effect as follows and shall amend the following
1108	1082		sections:
1109	1083
1110	1084		Section 1 July 1, 2023 New section
1111	1085		Sec. 2 January 1, 2024 10-74n
1112	1086		Sec. 3 July 1, 2023 New section
1113	1087		Sec. 4 July 1, 2023 New section
1114	1088		Sec. 5 July 1, 2023 10-76d(b)
1115	1089		Sec. 6 July 1, 2023 10-76ll(b)
1116	1090		Sec. 7 July 1, 2023 10-253(a)
1117	1091		Sec. 8 July 1, 2023 10-253(h)(3)
1118	1092		Sec. 9 July 1, 2023 10-76a(2)
1119	1093		Sec. 10 July 1, 2023 10-76ff(b)
1120	1094		Sec. 11 July 1, 2023 New section
1121	1095		Sec. 12 July 1, 2023 New section
1122	1096		Sec. 13 July 1, 2023 10-76d(a)(10)
1123		-	Sec. 14 July 1, 2023 10-76d(a)(9) Substitute Bill No. 6883
1124		-
1125		-
1126		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06883-
1127		-	R01-HB.docx }
1128		-	30 of 30
1129		-
	1097	+	Sec. 14 July 1, 2023 10-76d(a)(9)
1130	1098		Sec. 15 July 1, 2023 New section
1131	1099		Sec. 16 July 1, 2023 New section
1132	1100		Sec. 17 July 1, 2023 New section
1133	1101		Sec. 18 July 1, 2023 New section
1134	1102		Sec. 19 July 1, 2023 New section
1135	1103		Sec. 20 July 1, 2023 10-76h
1136	1104		Sec. 21 July 1, 2023 New section
1137	1105		Sec. 22 July 1, 2023 10-220a(a)
1138	1106
1139		-	Statement of Legislative Commissioners:
1140		-	In Section 2(a)(2), "transition" was added before "services" and
1141		-	"programs" and "such state agency" was changed to "each such board,
1142		-	office or department" for clarity; in Section 3(b), "educators and support
1143		-	staff" was changed to "other educators or school staff" for accuracy and
1144		-	consistency; in Section 4(a)(1), "not later than three years after the date
1145		-	when" was changed to "during the three-year period immediately
1146		-	following the date upon which" and "but thereafter, each new transition
1147		-	coordinator" was changed to "provided each new transition coordinator
1148		-	appointed after the initiation of such training period" for clarity; in
1149		-	Section 4(b), "not later than five years after the date when" was changed
1150		-	to "during the five-year period immediately following the date upon
1151		-	which" and "but thereafter, each new educator and school staff who
1152		-	provides transition services" was changed to "provided each new
1153		-	educator and school staff employed to provide transition services after
1154		-	the initiation of such training period" for clarity; in Section 5, "at" was
1155		-	added before "the end" and "when" was changed to "during which" for
1156		-	clarity; in Section 11(b)(1), "innovate" was changed to "innovative" for
1157		-	accuracy; in Section 11(d), "operated by such grantee" was added after
1158		-	"public transition program" for clarity; in Section 12, "study" was
1159		-	changed to "review" for accuracy; in Section 18(a)(4), "special education"
1160		-	was added before "advocacy groups" for clarity; in Section 18(a)(6)(A),
1161		-	"include, but not be limited to, a statement" was changed to "at a
1162		-	minimum, provide" for conciseness; in Section 18(a)(7), "established"
1163		-	was deleted for conciseness; and in Section 19(a), ", as amended by this
1164		-	act" was added to conform with standard drafting conventions.
	1107	+	Statement of Purpose:
	1108	+	To (1) establish an Office of Transition Services and an Office of
	1109	+	Mediation Services within the Department of Education, (2) increase the
	1110	+	age until which a student can receive special education services from
	1111	+	twenty-one to twenty-two, (3) allow translators to attend planning and
	1112	+	placement team meetings and for the individualized education program Raised Bill No. 6883
1165	1113
1166		-	ED Joint Favorable Subst. -LCO
	1114	+
	1115	+
	1116	+	LCO No. 5753 30 of 30
	1117	+
	1118	+	and other documents to be translated to the primary language of the
	1119	+	student or family, (4) require coordination with agencies that provide
	1120	+	programs for adults when a student turns fourteen years old, (5) require
	1121	+	the publication of a plain language resource explaining the process for
	1122	+	hearing complaints and of the decisions made from complaint hearings,
	1123	+	(6) require the Department of Education to conduct random audits of
	1124	+	special education programs, and (7) require the development of
	1125	+	educator in-service training on the laws governing planning and
	1126	+	placement team meetings.
	1127	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	1128	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	1129	+	underlined.]
1167	1130