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General Assembly Raised Bill No. 1200
January Session, 2023
LCO No. 5576
Referred to Committee on EDUCATION
Introduced by:
(ED)
AN ACT CONCERNING SPECIAL EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) On and after the effective date of this 1
section, the Department of Education shall not include any federal funds 2
received by a local or regional board of education pursuant to the 3
Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, as 4
amended from time to time, the Coronavirus Response and Relief 5
Supplemental Appropriations Act, P.L. 116-260, as amended from time 6
to time, and the American Rescue Plan Act of 2021, P.L. 117-2, as 7
amended from time to time, in the calculation of such board's net current 8
expenditures per pupil for purposes of determining the amount of the 9
grant paid by the State Board of Education to such board under section 10
10-76g of the general statutes. 11
Sec. 2. Section 10-4w of the general statutes is repealed and the 12
following is substituted in lieu thereof (Effective July 1, 2023): 13
(a) As used in this section: 14
(1) "Remote learning" means instruction by means of one or more 15 Raised Bill No. 1200
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Internet-based software platforms as part of a remote learning model; 16
and 17
(2) "Dual instruction" means the simultaneous instruction by a 18
teacher to students in-person in the classroom and students engaged in 19
remote learning. 20
(b) Not later than January 1, 2022, the Commissioner of Education 21
shall develop, and update as necessary, standards for remote learning. 22
(c) For the school years commencing July 1, 2022, and July 1, 2023, a 23
local or regional board of education may authorize remote learning to 24
students in grades nine to twelve, inclusive, provided such board (1) 25
provides such instruction in compliance with the standards developed 26
pursuant to subsection (b) of this section, (2) adopts a policy regarding 27
the requirements for student attendance during remote learning, which 28
shall (A) be in compliance with the Department of Education's guidance 29
on student attendance during remote learning, and (B) count the 30
attendance of any student who spends not less than one-half of the 31
school day during such instruction engaged in (i) virtual classes, (ii) 32
virtual meetings, (iii) activities on time-logged electronic systems, and 33
(iv) the completion and submission of assignments, and (3) prohibits the 34
provision of dual instruction as part of remote learning, unless dual 35
instruction is required in, or necessary to implement, the individualized 36
education program of a student who requires special education and 37
related services. 38
(d) For the school year commencing July 1, 2024, and each school year 39
thereafter, a local or regional board of education may authorize remote 40
learning to students in grades kindergarten to twelve, inclusive, 41
provided such board (1) provides such instruction in compliance with 42
the standards developed pursuant to subsection (b) of this section, (2) 43
adopts a policy regarding the requirements for student attendance 44
during remote learning, which shall (A) be in compliance with the 45
Department of Education's guidance on student attendance during 46
remote learning, and (B) count the attendance of any student who 47 Raised Bill No. 1200
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spends not less than one-half of the school day during such instruction 48
engaged in (i) virtual classes, (ii) virtual meetings, (iii) activities on time-49
logged electronic systems, and (iv) the completion and submission of 50
assignments, and (3) prohibits the provision of dual instruction as part 51
of remote learning, unless dual instruction is required in, or necessary 52
to implement, the individualized education program of a student who 53
requires special education and related services. 54
Sec. 3. Section 3 of public act 21-95, as amended by section 3 of public 55
act 22-116, is repealed and the following is substituted in lieu thereof 56
(Effective from passage): 57
(a) There is established a task force to study issues relating to the 58
provision and funding of special education in the state during the school 59
years commencing July 1, 2016, to July 1, 2020, inclusive. Such study 60
shall include, but need not be limited to, an examination of (1) the 61
provision of special education and related services, including whether 62
local and regional boards of education are providing such services 63
directly or partnering with regional educational service centers, 64
contracting with a private provider of special education services, as 65
defined in section 10-91g of the general statutes, or as part of a 66
cooperative arrangement pursuant to section 10-158a of the general 67
statutes, (2) the cost of providing special education and related services, 68
the total aggregate amount per school district per year and the annual 69
percentage increase or decrease per school district of such cost, (3) the 70
effect that the cost of special education has on a board of education's 71
minimum budget requirement, (4) the level of state reimbursement to 72
boards of education for special education, including the total amount 73
for reimbursement submitted by each school district per year and the 74
total amount received by such school district per year, and the 75
percentage increase or decrease per year of the difference of the total 76
amount submitted and the total amount received for each school 77
district, [and] (5) the criteria and manner by which school districts are 78
identifying students who require special education and related services, 79
including whether school districts are overidentifying or 80
underidentifying such students and the causes and reasons for such 81 Raised Bill No. 1200
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overidentification and underidentification, (6) the feasibility of 82
authorizing independent evaluators from the Department of Education 83
or hired by the parents and guardians of students receiving special 84
education and related services to observe the provision of such services 85
in the classroom, (7) delaying the age in which a classification category 86
of special education services shall be made for a child requiring special 87
education and related services, (8) special education student-to-teacher 88
ratios prescribed by case load policies, regulations and formulas in effect 89
in other states, with a focus on provisions regarding the numbers of 90
special education students and intensity of services required for such 91
students, and (9) any other issues or topics relating to special education 92
that the task force deems necessary. 93
(b) The task force shall consist of the following members: 94
(1) Three appointed by the speaker of the House of Representatives, 95
one of whom is a representative of the Special Education Equity for Kids 96
of Connecticut, one of whom is a representative of the Connecticut 97
Association of Boards of Education and one of whom is the parent or 98
guardian of a student who is enrolled in a public school and receiving 99
special education services; 100
(2) Three appointed by the president pro tempore of the Senate, one 101
of whom is a representative of the Connecticut Association of Public 102
School Superintendents, one of whom is a representative of the 103
Connecticut Education Association and one of whom is the parent or 104
guardian of a student who is enrolled in a public school and receiving 105
special education services; 106
(3) Two appointed by the majority leader of the House of 107
Representatives, one of whom is a representative of the American 108
Federation of Teachers-Connecticut and one of whom is a representative 109
of the Connecticut Parent Advocacy Center; 110
(4) Two appointed by the majority leader of the Senate, one of whom 111
is a representative of the Connecticut Council of Administrators of 112
Special Education and one of whom is a representative of the RESC 113 Raised Bill No. 1200
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Alliance; 114
(5) Two appointed by the minority leader of the House of 115
Representatives, one of whom is a representative of the Connecticut 116
Association of School Administrators and one of whom is a 117
representative of the School and State Finance Project; 118
(6) Two appointed by the minority leader of the Senate, one of whom 119
is a representative of the Connecticut Association of Schools and one of 120
whom is a representative of the Connecticut Association of School 121
Business Officials; and 122
(7) The Commissioner of Education, or the commissioner's designee. 123
(c) All appointments to the task force shall be made not later than 124
thirty days after the effective date of this section. Any vacancy shall be 125
filled by the appointing authority. 126
(d) The speaker of the House of Representatives and the president 127
pro tempore of the Senate shall select the cochairpersons of the task force 128
from among the members of the task force. Such cochairpersons shall 129
schedule the first meeting of the task force, which shall be held not later 130
than sixty days after the effective date of this section. 131
(e) The administrative staff of the joint standing committee of the 132
General Assembly having cognizance of matters relating to education 133
shall serve as administrative staff of the task force. 134
(f) Not later than [January] February 1, 2024, the task force shall 135
submit a report on its findings and recommendations to the joint 136
standing committee of the General Assembly having cognizance of 137
matters relating to education, in accordance with the provisions of 138
section 11-4a of the general statutes. The task force shall terminate on 139
the date that it submits such report or [January] July 1, 2024, whichever 140
is later. 141
Sec. 4. Subparagraph (C) of subdivision (10) of subsection (a) of 142
section 10-76d of the general statutes is repealed and the following is 143 Raised Bill No. 1200
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substituted in lieu thereof (Effective July 1, 2023): 144
(C) Such parent, guardian, pupil or surrogate parent shall (i) be given 145
at least five school days' prior notice of any planning and placement 146
team meeting conducted for such child or pupil, (ii) have the right to be 147
present at and participate in all portions of such meeting at which an 148
educational program for such child or pupil is developed, reviewed or 149
revised, (iii) have the right to have (I) advisors of such person's own 150
choosing and at such person's own expense, (II) the school 151
paraprofessional assigned to such child or pupil, if any, [and] (III) such 152
child or pupil's birth-to-three service coordinator, if any, attend and 153
participate in all portions of such meeting at which an educational 154
program for such child or pupil is developed, reviewed or revised, and 155
(IV) an interpreter if the primary language of such parent, guardian, 156
pupil or surrogate is a language other than English, and (iv) have the 157
right to have each recommendation made in such child or pupil's birth-158
to-three individualized transition plan, as required by section 17a-248e, 159
if any, addressed by the planning and placement team during such 160
meeting at which an educational program for such child or pupil is 161
developed. 162
Sec. 5. Subsection (j) of section 10-66bb of the general statutes is 163
repealed and the following is substituted in lieu thereof (Effective July 1, 164
2023): 165
(j) (1) The governing council of a state or local charter school may 166
apply to the State Board of Education for a waiver of the requirements 167
of the enrollment lottery described in subdivision (8) of subsection (d) 168
of this section, provided such state or local charter school has as its 169
primary purpose the establishment of education programs designed to 170
serve one or more of the following populations: (A) Students with a 171
history of behavioral and social difficulties, (B) students identified as 172
requiring special education, (C) students who are English language 173
learners, or (D) students of a single gender. 174
(2) An enrollment lottery described in subdivision (8) of subsection 175 Raised Bill No. 1200
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(d) of this section shall not be held for a local charter school that is 176
established at a school that is among the schools with a percentage equal 177
to or less than five per cent when all schools are ranked highest to lowest 178
in accountability index scores, as defined in section 10-223e. 179
(3) Except as otherwise provided in subdivision (1) of this subsection, 180
on and after July 1, 2023, no application for enrollment in a state or local 181
charter school shall inquire or request information about an applicant 182
student's need for or receipt of special education and related services, 183
and the criteria for administering an enrollment lottery for a state or 184
local charter school shall not include consideration of a student's need 185
for or status as requiring special education and related services. 186
Sec. 6. Section 10-236b of the general statutes is repealed and the 187
following is substituted in lieu thereof (Effective July 1, 2023): 188
(a) For purposes of this section: 189
(1) "Life-threatening physical restraint" means any physical restraint 190
or hold of a person that (A) restricts the flow of air into a person's lungs, 191
whether by chest compression or any other means, or (B) immobilizes 192
or reduces the free movement of a person's arms, legs or head while the 193
person is in the prone position; 194
(2) "Psychopharmacologic agent" means any medication that affects 195
the central nervous system, influencing thinking, emotion or behavior; 196
(3) "Physical restraint" means any [mechanical or] personal restriction 197
that immobilizes or reduces the free movement of a person's arms, legs 198
or head, including, but not limited to, carrying or forcibly moving a 199
person from one location to another. The term does not include: (A) 200
Briefly holding a person in order to calm or comfort the person; (B) 201
restraint involving the minimum contact necessary to safely escort a 202
person from one area to another; (C) medical devices, including, but not 203
limited to, supports prescribed by a health care provider to achieve 204
proper body position or balance; (D) helmets or other protective gear 205
used to protect a person from injuries due to a fall; (E) helmets, mitts 206 Raised Bill No. 1200
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and similar devices used to prevent self-injury when the device is (i) part 207
of a documented treatment plan or individualized education program 208
pursuant to section 10-76d, as amended by this act, or (ii) prescribed or 209
recommended by a medical professional, as defined in section 38a-976, 210
and is the least restrictive means available to prevent such self-injury; or 211
(F) [an exclusionary] a time out; 212
(4) "School employee" has the same meaning as provided in 213
subsection (b) of section 10-221o; 214
(5) "Seclusion" means the involuntary confinement of a student in a 215
room from which the student is physically prevented from leaving. 216
"Seclusion" does not include [an exclusionary] a time out; 217
(6) "Student" means a child (A) enrolled in grades kindergarten to 218
twelve, inclusive, in a public school under the jurisdiction of a local or 219
regional board of education, (B) receiving special education and related 220
services in an institution or facility operating under contract with a local 221
or regional board of education pursuant to subsection (d) of section 10-222
76d, (C) enrolled in a program or school administered by a regional 223
education service center established pursuant to section 10-66a, or (D) 224
receiving special education and related services from an approved 225
private special education program, but shall not include any child 226
receiving educational services from (i) Unified School District #2, 227
established pursuant to section 17a-37, or (ii) the Department of Mental 228
Health and Addiction Services; and 229
(7) ["Exclusionary time out" means a temporary, continuously 230
monitored separation of a student from an ongoing activity in a non-231
locked setting, for the purpose of calming such student or deescalating 232
such student's behavior] "Time out" means a behavior management 233
technique that may involve the separation of the student from the group 234
or classroom in a nonlocked setting. 235
(b) (1) No school employee shall use a physical restraint on a student 236
except as an emergency intervention to prevent immediate or imminent 237
injury to the student or to others, provided the restraint is not used for 238 Raised Bill No. 1200
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discipline or convenience and is not used as a substitute for a less 239
restrictive alternative. (2) No school employee shall use a physical 240
restraint that is contraindicated based on a student's disability, health 241
care needs or medical or psychiatric condition. (3) Physical restraint 242
shall not be utilized as a planned intervention in a student's behavioral 243
intervention plan, individualized education program or plan pursuant 244
to Section 504 of the Rehabilitation Act of 1973, as amended from time 245
to time. 246
(c) No school employee shall use a life-threatening physical restraint 247
on a student. This section shall not be construed as limiting any defense 248
to criminal prosecution for the use of deadly physical force that may be 249
available under sections 53a-18 to 53a-22, inclusive. 250
(d) [(1)] No school employee shall place a student in seclusion. 251
[except as an emergency intervention to prevent immediate or imminent 252
injury to the student or to others, provided the seclusion is not used for 253
discipline or convenience and is not used as a substitute for a less 254
restrictive alternative. (2) No student shall be placed in seclusion unless 255
(A) such student is monitored by a school employee during the period 256
of such student's seclusion pursuant to subsection (m) of this section, 257
and (B) the area in which such student is secluded is equipped with a 258
window or other fixture allowing such student a clear line of sight 259
beyond the area of seclusion. (3)] Seclusion shall not be utilized as a 260
planned intervention in a student's behavioral intervention plan, 261
individualized education program or plan pursuant to Section 504 of the 262
Rehabilitation Act of 1973, as amended from time to time. 263
(e) No school employee may use a psychopharmacologic agent on a 264
student without that student's consent except [(1) as an emergency 265
intervention to prevent immediate or imminent injury to the student or 266
to others, or (2)] as an integral part of the student's established medical 267
or behavioral support or educational plan, as developed consistent with 268
section 17a-543 or, if no such plan has been developed, as part of a 269
licensed practitioner's initial orders. [The use of psychopharmacologic 270
agents, alone or in combination, may be used only in doses that are 271 Raised Bill No. 1200
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therapeutically appropriate and not as a substitute for other appropriate 272
treatment.] 273
(f) If any instance of physical restraint [or seclusion] of a student 274
otherwise permissible under subsection (b) [or (d)] of this section 275
exceeds fifteen minutes, (1) an administrator, as defined in section 10-276
144e, or such administrator's designee, (2) a school health or mental 277
health personnel, as defined in subsection (a) of section 10-212b, or (3) a 278
board certified behavioral analyst, who has received training in the use 279
of physical restraint [and seclusion] pursuant to subsection (o) of this 280
section, shall determine whether continued physical restraint [or 281
seclusion] is necessary to prevent immediate or imminent injury to the 282
student or to others. Upon a determination that such continued physical 283
restraint [or seclusion] is necessary, such individual shall make a new 284
determination every thirty minutes thereafter regarding whether such 285
physical restraint [or seclusion] is necessary to prevent immediate or 286
imminent injury to the student or to others. 287
(g) In the event that physical restraint [or seclusion] is used on a 288
student four or more times within twenty school days: 289
(1) An administrator, one or more of such student's teachers, a parent 290
or guardian of such student and, if any, a mental health professional, as 291
defined in section 10-76t, shall convene for the purpose of (A) 292
conducting or revising a behavioral assessment of the student, (B) 293
creating or revising any applicable behavioral intervention plan, and (C) 294
determining whether such student may require special education 295
pursuant to section 10-76ff; or 296
(2) If such student is a child requiring special education, as described 297
in subparagraph (A) of subdivision (5) of section 10-76a, or a child being 298
evaluated for eligibility for special education pursuant to section 10-76d, 299
as amended by this act, and awaiting a determination, such student's 300
planning and placement team shall convene for the purpose of (A) 301
conducting or revising a behavioral assessment of the student, and (B) 302
creating or revising any applicable behavioral intervention plan, 303 Raised Bill No. 1200
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including, but not limited to, such student's individualized education 304
plan. 305
(h) (1) Each local or regional board of education shall notify a parent 306
or guardian of a student who is placed in physical restraint [or seclusion 307
not later than twenty-four hours after] on the day that the student was 308
placed in physical restraint [or seclusion] and shall make a reasonable 309
effort to provide such notification immediately after such physical 310
restraint [or seclusion] is initiated. 311
(2) Each local and regional board of education shall convene a 312
meeting with the parents or guardians of a student who was placed in 313
physical restraint not later than five days after the student was placed 314
in physical restraint. The board shall provide such parents or guardians 315
with a detailed summary of the events leading up to and during such 316
physical restraint, including the names of any witnesses of such physical 317
restraint and their accounts of such events, and an explanation of the 318
reasons for the use of such physical restraint. 319
(i) No school employee shall use a physical restraint on a student [or 320
place a student in seclusion] unless such school employee has received 321
training on the proper means for performing such physical restraint [or 322
seclusion] pursuant to subsection (o) of this section. 323
(j) [(1)] On and after July 1, [2016] 2023, each local or regional board 324
of education, and each institution or facility operating under contract 325
with a local or regional board of education pursuant to subsection (d) of 326
section 10-76d that provides special education for children, including 327
any approved private special education program, shall (A) record each 328
instance of the use of physical restraint [or seclusion] on a student, (B) 329
[specify whether the use of seclusion was in accordance with an 330
individualized education program, (C)] specify the nature of the 331
emergency that necessitated the use of such physical restraint, [or 332
seclusion, and (D)] and (C) include such information in an annual 333
compilation on its use of such restraint [and seclusion] on students. Each 334
local or regional board of education and such institutions or facilities 335 Raised Bill No. 1200
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operating under contract with a local or regional board of education 336
pursuant to subsection (d) of section 10-76d that provides special 337
education for children, including any approved private special 338
education program shall provide such annual compilation to the 339
Department of Education for the purposes of the pilot program 340
established pursuant to subdivision (2) of this subsection to examine 341
incidents of physical restraint [and seclusion] in schools and to the State 342
Board of Education for the purposes of subsection (k) of this section. 343
Local or regional boards of education and such institutions and facilities 344
that provide special education for children shall not be required to 345
report instances of in-school suspensions, as defined in subsection (c) of 346
section 10-233a. 347
[(2) The Department of Education shall establish a pilot program for 348
the school year commencing July 1, 2015. Such pilot program shall be 349
implemented in various districts, including, but not limited to, an 350
alliance district, a regional school district and a regional education 351
service center. Under the pilot program, the Department of Education 352
shall examine incidents of physical restraint and seclusion in schools 353
and shall compile and analyze data regarding such incidents to enable 354
the department to better understand and respond to incidents of 355
physical restraint and seclusion on students in the state.] 356
(k) The State Board of Education shall review the annual compilation 357
of each local or regional board of education, and each institution or 358
facility operating under contract with a local or regional board of 359
education pursuant to subsection (d) of section 10-76d that provides 360
special education for children, including any approved private special 361
education program, and shall produce an annual summary report 362
specifying (1) the frequency of use of physical restraint [or seclusion] on 363
students, and (2) whether any student subjected to such restraint [or 364
seclusion] was a special education student, and (3) [if any such student 365
was a special education student, whether the use of such seclusion was 366
in accordance with an individualized education program or whether the 367
use of such seclusion was an emergency intervention to prevent 368
immediate or imminent injury to the student or to others] a 369 Raised Bill No. 1200
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disaggregation of the use of physical restraint on various student 370
demographic subgroups. Such report shall be submitted not later than 371
January 15, [2017] 2024, and annually thereafter, to the joint standing 372
committees of the General Assembly having cognizance of matters 373
relating to children and education for inclusion in the annual report card 374
prepared pursuant to section 2-53m. 375
(l) Any use of physical restraint [or seclusion] on a student shall be 376
documented in the student's educational record. The documentation 377
shall include (1) the nature of the emergency and what other steps, 378
including attempts at verbal deescalation, were taken to prevent the 379
emergency from arising if there were indications that such an 380
emergency was likely to arise, and (2) a detailed description of the 381
nature of the restraint, [or seclusion,] the duration of such restraint [or 382
seclusion] and the effect of such restraint [or seclusion] on the student's 383
established educational plan. 384
(m) Any student who is physically restrained shall be continually 385
monitored by a school employee. [Any student who is involuntarily 386
placed in seclusion shall be frequently monitored by a school employee.] 387
Each student so restrained [or in seclusion] shall be regularly evaluated 388
by a school employee for indications of physical distress. The school 389
employee conducting the evaluation shall enter each evaluation in the 390
student's educational record. [For purposes of this subsection, "monitor" 391
means (1) direct observation, or (2) observation by way of video 392
monitoring within physical proximity sufficient to provide aid as may 393
be needed.] 394
(n) If the use of such restraint [or seclusion] results in physical injury 395
to the student, the local or regional board of education, and each 396
institution or facility operating under contract with a local or regional 397
board of education pursuant to subsection (d) of section 10-76d that 398
provides special education for children, including any approved private 399
special education program, shall report the incident to the State Board 400
of Education, which shall include such incident in the report required 401
pursuant to subsection (k) of this section. The State Board of Education 402 Raised Bill No. 1200
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shall report any incidence of serious injury or death to the nonprofit 403
entity designated by the Governor in accordance with section 46a-10b to 404
serve as the Connecticut protection and advocacy system, as required 405
by the Developmental Disabilities Assistance and Bill of Rights Act of 406
2000, 42 USC 15041, et seq., as amended from time to time, and any 407
regulations promulgated thereunder, and as required by the Protection 408
and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et 409
seq., as amended from time to time, and any regulations promulgated 410
thereunder, and, if appropriate, to the Child Advocate of the Office of 411
the Child Advocate. 412
(o) (1) Each local or regional board of education shall provide training 413
regarding the physical restraint [and seclusion] of students to the 414
members of the crisis intervention team for each school in the district, 415
identified pursuant to subdivision (2) of this subsection. A local or 416
regional board of education may provide such training to any teacher, 417
as defined in section 10-144d, administrator, as defined in section 10-418
144e, school paraprofessional or other school employee, as defined in 419
section 10-222d, designated by the school principal and who has direct 420
contact with students. Such training shall be provided during the school 421
year commencing July 1, 2017, and each school year thereafter, and shall 422
include, but not be limited to: 423
(A) An overview of the relevant laws and regulations regarding the 424
use of physical restraint [and seclusion] on students and the proper uses 425
of physical restraint. [and seclusion.] For the school year commencing 426
July 1, [2017] 2023, and annually thereafter, such overview shall be 427
provided by the Department of Education, in a manner and form as 428
prescribed by the Commissioner of Education; 429
(B) The creation of a plan by which each local and regional board of 430
education shall provide training regarding the prevention of incidents 431
requiring physical restraint [or seclusion] of students. Such plan shall be 432
implemented not later than July 1, [2018] 2023. The Department of 433
Education may, within available appropriations, provide ongoing 434
monitoring and support to local or regional boards of education 435 Raised Bill No. 1200
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regarding the formulation and implementation of the plan; and 436
(C) The creation of a plan by which each local or regional board of 437
education shall provide training regarding the proper means of physical 438
restraint [or seclusion] of a student, including, but not limited to, (i) 439
various types of physical restraint; [and seclusion;] (ii) the differences 440
between life-threatening physical restraint and other varying levels of 441
physical restraint; (iii) the differences between permissible physical 442
restraint and pain compliance techniques; and (iv) monitoring methods 443
to prevent harm to a student who is physically restrained. [or in 444
seclusion.] Such plan shall be implemented not later than July 1, [2018] 445
2023; 446
(2) For the school year commencing July 1, 2017, and each school year 447
thereafter, each local and regional board of education shall require each 448
school in the district to identify a crisis intervention team consisting of 449
any teacher, as defined in section 10-144d, administrator, as defined in 450
section 10-144e, school paraprofessional or other school employee, as 451
defined in section 10-222d, designated by the school principal and who 452
has direct contact with students. Such teams shall respond to any 453
incident in which the use of physical restraint [or seclusion] may be 454
necessary as an emergency intervention to prevent immediate or 455
imminent injury to a student or to others. Each member of the crisis 456
intervention team shall be recertified in the use of physical restraint [and 457
seclusion] pursuant to subparagraph (C) of subdivision (1) of this 458
subsection or chapter 814e on an annual basis. Each local and regional 459
board of education shall maintain a list of the members of the crisis 460
intervention team for each school. 461
(p) Each local or regional board of education shall develop policies 462
and procedures that establish monitoring and internal reporting of the 463
use of physical restraint [and seclusion] on students and shall make such 464
policies and procedures available on such local or regional board of 465
education's Internet web site and in such local or regional board of 466
education's procedures manual. 467 Raised Bill No. 1200
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(q) Nothing in this section shall be construed as limiting the justified 468
use of physical force by a local, state or federal law enforcement official 469
while in the performance of such official's duties. 470
(r) The State Board of Education shall adopt or revise regulations, in 471
accordance with the provisions of chapter 54, concerning the use of 472
physical restraint [and seclusion] pursuant to this section. Not later than 473
sixty days after the adoption or revision of such regulations, each local 474
or regional board of education shall update any applicable policies and 475
procedures regarding the physical restraint [and seclusion] of students 476
and shall make such updated policies and procedures available in a 477
manner consistent with the provisions of subsection (p) of this section. 478
(s) Not later than January 1, [2019] 2024, each local or regional board 479
of education shall establish a policy regarding the use of [an 480
exclusionary time out] time outs. Such policy shall include, but need not 481
be limited to, a requirement that (1) [exclusionary] time outs are not to 482
be used as a form of discipline, (2) at least one school employee remain 483
with the student, or be immediately available to the student such that 484
the student and school employee are able to communicate verbally, 485
throughout the [exclusionary] time out, (3) the space used for [an 486
exclusionary] a time out is clean, safe, sanitary and appropriate for the 487
purpose of calming such student or deescalating such student's 488
behavior, (4) the [exclusionary] time out period terminate as soon as 489
possible, and (5) if such student is a child requiring special education, 490
as defined in section 10-76a, or a child being evaluated for special 491
education, pursuant to section 10-76d, as amended by this act, and 492
awaiting a determination, and the interventions or strategies are 493
unsuccessful in addressing such student's problematic behavior, such 494
student's planning and placement team shall convene as soon as is 495
practicable to determine alternative interventions or strategies. 496
(t) Any person aggrieved by a violation of the provisions of this 497
section may bring a civil action in the Superior Court to enjoin further 498
violations and to recover the actual damages sustained by reason of 499
such violation, together with costs and a reasonable attorney's fee. 500 Raised Bill No. 1200
LCO No. 5576 17 of 19
Sec. 7. Section 19a-6u of the general statutes is repealed and the 501
following is substituted in lieu thereof (Effective July 1, 2023): 502
For the fiscal [year] years ending June 30, 2023, to July 1, 2025, 503
inclusive, the Department of Public Health shall administer a school-504
based health center expansion grant program to provide grants to 505
[certain] operators of school-based health centers for the expansion of 506
school-based health centers and services provided by such centers. [The 507
following operators of school-based health centers shall be eligible for a 508
grant under this section: (1) The operator of a school-based health center 509
for any of the thirty-six recommended sites for expanded mental health 510
services contained in the final report of the School-Based Health Center 511
Expansion Working Group, established pursuant to section 16 of public 512
act 21-35, and (2) the operator of a school-based health center for any of 513
the one hundred twenty-four recommended schools for expanded 514
school-based health center medical and mental health services 515
contained in the final report of the School-Based Health Center 516
Expansion Working Group, established pursuant to section 16 of public 517
act 21-35.] The department shall give priority to awarding a grant to 518
those operators of a school-based health center that will provide services 519
after regular school hours. Each such operator shall submit, in 520
collaboration with the local or regional board of education for the school 521
district in which the school-based health center is located, an application 522
for a grant under this section at such time and in such manner as 523
prescribed by the department. 524
Sec. 8. (NEW) (Effective July 1, 2023) On and after July 1, 2023, the 525
Department of Education shall make available on the department's 526
Internet web site all documents relating to the decisions of a due process 527
hearing required under 34 CFR 300.500 to 300.537, and any corrective 528
actions taken by the department in response to a complaint, pursuant to 529
34 CFR 300.151 to 300.153, regarding the provision of special education 530
and related services by a local or regional board of education or other 531
entity responsible for the provision of special education and related 532
services to a student. The department shall redact any personally 533
identifiable information of a student prior to making such decisions and 534 Raised Bill No. 1200
LCO No. 5576 18 of 19
documents available. 535
Sec. 9. Subsection (i) of section 10-76d of the general statutes is 536
repealed and the following is substituted in lieu thereof (Effective July 1, 537
2023): 538
(i) (1) No local or regional board of education shall discipline, 539
suspend, terminate or otherwise punish any member of a planning and 540
placement team employed by such board who discusses or makes 541
recommendations concerning the provision of special education and 542
related services for a child during a planning and placement team 543
meeting for such child. 544
(2) No birth-to-three service coordinator or qualified personnel, as 545
those terms are defined in section 17a-248, who discusses or makes 546
recommendations concerning the provision of special education and 547
related services for a child during a planning and placement team 548
meeting for such child or in a transition plan, as required by section 17a-549
248e, shall be subject to discipline, suspension, termination or other 550
punishment on the basis of such recommendations. 551
(3) No local or regional board of education shall discipline, suspend, 552
terminate or otherwise punish any school employee, as defined in 553
section 10-222d, who discusses or makes recommendations concerning 554
the provision of services or accommodations for a student as part of a 555
plan pursuant to Section 504 of the Rehabilitation Act of 1973, as 556
amended from time to time. 557
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 July 1, 2023 10-4w
Sec. 3 from passage PA 21-95, Sec. 3
Sec. 4 July 1, 2023 10-76d(a)(10)(C)
Sec. 5 July 1, 2023 10-66bb(j)
Sec. 6 July 1, 2023 10-236b
Sec. 7 July 1, 2023 19a-6u Raised Bill No. 1200
LCO No. 5576 19 of 19
Sec. 8 July 1, 2023 New section
Sec. 9 July 1, 2023 10-76d(i)
Statement of Purpose:
To (1) exclude certain federal funds from the calculation of net current
expenditures per pupil for purposes of the excess cost grant, (2) permit
the provision of dual instruction as part of remote learning if required
by a student's IEP, (3) extend and expand the charge of the special
education task force, (4) give parents the right to have an interpreter
present at a planning and placement team meeting, (5) prohibit charter
schools from requiring disclosure of special education needs on
enrollment applications or as part of the criteria used for the holding of
enrollment lotteries, (6) prohibit the use of seclusion in schools and
make other revisions to the laws governing physical restraint, (7) extend
the school-based health center expansion grant program, (8) require the
Department of Education to post all decisions and corrective actions
regarding special education complaints, and (9) protect school
employees from discipline for making recommendations for
accommodations under 504 Plans.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]