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