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General Assembly Substitute Bill No. 1200
January Session, 2023
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 1
this section, the Department of Education shall not include any federal 2
funds received by a local or regional board of education pursuant to 3
the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 4
as 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 8
current expenditures per pupil for purposes of determining the 9
amount of the grant paid by the State Board of Education to such 10
board under section 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 Section 10-4w of the general statutes is repealed and the 12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
Internet-based software platforms as part of a remote learning model; 16
and 17
(2) "Dual instruction" means the simultaneous instruction by a 18 Substitute Bill No. 1200
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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, 28
which shall (A) be in compliance with the Department of Education's 29
guidance on student attendance during remote learning, and (B) count 30
the 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 34
the provision of dual instruction as part of remote learning, unless 35
dual instruction is required in, or necessary to implement, the 36
individualized education program of a student who requires special 37
education and related services or a plan pursuant to Section 504 of the 38
Rehabilitation Act of 1973, as amended from time to time. 39
(d) For the school year commencing July 1, 2024, and each school 40
year thereafter, a local or regional board of education may authorize 41
remote learning to students in grades kindergarten to twelve, 42
inclusive, provided such board (1) provides such instruction in 43
compliance with the standards developed pursuant to subsection (b) of 44
this section, (2) adopts a policy regarding the requirements for student 45
attendance during remote learning, which shall (A) be in compliance 46
with the Department of Education's guidance on student attendance 47
during remote learning, and (B) count the attendance of any student 48
who spends not less than one-half of the school day during such 49
instruction engaged in (i) virtual classes, (ii) virtual meetings, (iii) 50
activities on time-logged electronic systems, and (iv) the completion 51 Substitute Bill No. 1200
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and submission of assignments, and (3) prohibits the provision of dual 52
instruction as part of remote learning, unless dual instruction is 53
required in, or necessary to implement, the individualized education 54
program of a student who requires special education and related 55
services or a plan pursuant to Section 504 of the Rehabilitation Act of 56
1973, as amended from time to time. 57
Sec. 3. Section 3 of public act 21-95, as amended by section 3 of 58
public act 22-116, is repealed and the following is substituted in lieu 59
thereof (Effective from passage): 60
(a) There is established a task force to study issues relating to the 61
provision and funding of special education in the state during the 62
school years commencing July 1, 2016, to July 1, 2020, inclusive. Such 63
study shall include, but need not be limited to, an examination of (1) 64
the provision of special education and related services, including the 65
provision of services to students identified as gifted and talented, and 66
whether local and regional boards of education are providing such 67
services directly or partnering with regional educational service 68
centers, contracting with a private provider of special education 69
services, as defined in section 10-91g of the general statutes, or as part 70
of a cooperative arrangement pursuant to section 10-158a of the 71
general statutes, (2) the cost of providing special education and related 72
services, including gifted and talented services, the total aggregate 73
amount per school district per year and the annual percentage increase 74
or decrease per school district of such cost, (3) the effect that the cost of 75
special education and gifted and talented services has on a board of 76
education's minimum budget requirement, (4) the level of state 77
reimbursement to boards of education for special education and gifted 78
and talented services, including the total amount for reimbursement 79
submitted by each school district per year and the total amount 80
received by such school district per year, and the percentage increase 81
or decrease per year of the difference of the total amount submitted 82
and the total amount received for each school district, [and] (5) the 83
criteria and manner by which school districts are identifying students 84 Substitute Bill No. 1200
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who require special education and related services or as gifted and 85
talented, including whether school districts are overidentifying or 86
underidentifying such students and the causes and reasons for such 87
overidentification and underidentification, (6) the feasibility of 88
authorizing independent evaluators from the Department of Education 89
or hired by the parents and guardians of students receiving special 90
education and related services to observe the provision of such 91
services in the classroom, (7) delaying the age in which a classification 92
category of special education services shall be made for a child 93
requiring special education and related services, (8) special education 94
student-to-teacher ratios prescribed by case load policies, regulations 95
and formulas in effect in other states, with a focus on provisions 96
regarding the numbers of special education students and intensity of 97
services required for such students, and (9) any other issues or topics 98
relating to special education that the task force deems necessary. 99
(b) The task force shall consist of the following members: 100
(1) Three appointed by the speaker of the House of Representatives, 101
one of whom is a representative of the Special Education Equity for 102
Kids of Connecticut, one of whom is a r epresentative of the 103
Connecticut Association of Boards of Education and one of whom is 104
the parent or guardian of a student who is enrolled in a public school 105
and receiving special education services; 106
(2) Three appointed by the president pro tempore of the Senate, one 107
of whom is a representative of the Connecticut Association of Public 108
School Superintendents, one of whom is a representative of the 109
Connecticut Education Association and one of whom is the parent or 110
guardian of a student who is enrolled in a public school and receiving 111
special education services; 112
(3) Two appointed by the majority leader of the House of 113
Representatives, one of whom is a representative of the American 114
Federation of Teachers-Connecticut and one of whom is a 115
representative of the Connecticut Parent Advocacy Center; 116 Substitute Bill No. 1200
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(4) Two appointed by the majority leader of the Senate, one of 117
whom is a representative of the Connecticut Council of Administrators 118
of Special Education and one of whom is a representative of the RESC 119
Alliance; 120
(5) Two appointed by the minority leader of the House of 121
Representatives, one of whom is a representative of the Connecticut 122
Association of School Administrators and one of whom is a 123
representative of the School and State Finance Project; 124
(6) Two appointed by the minority leader of the Senate, one of 125
whom is a representative of the Connecticut Association of Schools 126
and one of whom is a representative of the Connecticut Association of 127
School Business Officials; [and] 128
(7) The Commissioner of Education, or the commissioner's designee; 129
(8) The chairperson of the Advisory Council for Special Education, 130
established pursuant to section 10-76i of the general statutes; and 131
(9) A representative of the Connecticut Association of Private 132
Special Education Facilities, designated by the association. 133
(c) All appointments to the task force shall be made not later than 134
thirty days after the effective date of this section. Any vacancy shall be 135
filled by the appointing authority. 136
(d) The speaker of the House of Representatives and the president 137
pro tempore of the Senate shall select the cochairpersons of the task 138
force from among the members of the task force. Such cochairpersons 139
shall schedule the first meeting of the task force, which shall be held 140
not later than sixty days after the effective date of this section. 141
(e) The administrative staff of the joint standing committee of the 142
General Assembly having cognizance of matters relating to education 143
shall serve as administrative staff of the task force. 144 Substitute Bill No. 1200
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(f) Not later than [January] February 1, 2024, the task force shall 145
submit a report on its findings and recommendations to the joint 146
standing committee of the General Assembly having cognizance of 147
matters relating to education, in accordance with the provisions of 148
section 11-4a of the general statutes. The task force shall terminate on 149
the date that it submits such report or [January] July 1, 2024, whichever 150
is later. 151
Sec. 4. Subparagraph (C) of subdivision (10) of subsection (a) of 152
section 10-76d of the general statutes is repealed and the following is 153
substituted in lieu thereof (Effective July 1, 2023): 154
(C) Such parent, guardian, pupil or surrogate parent shall (i) be 155
given at least five school days' prior notice of any planning and 156
placement team meeting conducted for such child or pupil, (ii) have 157
the right to be present at and participate in all portions of such meeting 158
at which an educational program for such child or pupil is developed, 159
reviewed or revised, (iii) have the right to have (I) advisors of such 160
person's own choosing and at such person's own expense, (II) the 161
school paraprofessional assigned to such child or pupil, if any, and (III) 162
such child or pupil's birth-to-three service coordinator, if any, attend 163
and participate in all portions of such meeting at which an educational 164
program for such child or pupil is developed, reviewed or revised, 165
[and] (iv) have the right to have each recommendation made in such 166
child or pupil's birth-to-three individualized transition plan, as 167
required by section 17a-248e, if any, addressed by the planning and 168
placement team during such meeting at which an educational program 169
for such child or pupil is developed, and (v) have the right to have 170
translation services provided (I) by a certified interpreter who is 171
present in person or available by telephone or through an online 172
technology platform, or (II) through an Internet web site or other 173
electronic application, if the primary language of such parent, 174
guardian, pupil or surrogate is a language other than English. 175
Sec. 5. Subsection (j) of section 10-66bb of the general statutes is 176
repealed and the following is substituted in lieu thereof (Effective July 177 Substitute Bill No. 1200
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1, 2023): 178
(j) (1) The governing council of a state or local charter school may 179
apply to the State Board of Education for a waiver of the requirements 180
of the enrollment lottery described in subdivision (8) of subsection (d) 181
of this section, provided such state or local charter school has as its 182
primary purpose the establishment of education programs designed to 183
serve one or more of the following populations: (A) Students with a 184
history of behavioral and social difficulties, (B) students identified as 185
requiring special education, (C) students who are English language 186
learners, or (D) students of a single gender. 187
(2) An enrollment lottery described in subdivision (8) of subsection 188
(d) of this section shall not be held for a local charter school that is 189
established at a school that is among the schools with a percentage 190
equal to or less than five per cent when all schools are ranked highest 191
to lowest in accountability index scores, as defined in section 10-223e. 192
(3) Except as otherwise provided in subdivision (1) of this 193
subsection, on and after July 1, 2023, no application for enrollment in a 194
state or local charter school shall inquire or request information about 195
an applicant student's need for or receipt of special education and 196
related services, and the criteria for administering an enrollment 197
lottery for a state or local charter school shall not include consideration 198
of a student's need for or status as requiring special education and 199
related services. 200
Sec. 6. Section 10-236b of the general statutes is repealed and the 201
following is substituted in lieu thereof (Effective July 1, 2023): 202
(a) For purposes of this section: 203
(1) "Life-threatening physical restraint" means any physical restraint 204
or hold of a person that (A) restricts the flow of air into a person's 205
lungs, whether by chest compression or any other means, or (B) 206
immobilizes or reduces the free movement of a person's arms, legs or 207
head while the person is in the prone position; 208 Substitute Bill No. 1200
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(2) "Psychopharmacologic agent" means any medication that affects 209
the central nervous system, influencing thinking, emotion or behavior; 210
(3) "Physical restraint" means any [mechanical or] personal 211
restriction that immobilizes or reduces the free movement of a person's 212
arms, legs or head, including, but not limited to, carrying or forcibly 213
moving a person from one location to another. The term does not 214
include: (A) Briefly holding a person in order to calm or comfort the 215
person; (B) restraint involving the minimum contact necessary to safely 216
escort a person from one area to another; (C) medical devices, 217
including, but not limited to, supports prescribed by a health care 218
provider to achieve proper body position or balance; (D) helmets or 219
other protective gear used to protect a person from injuries due to a 220
fall; (E) helmets, mitts and similar devices used to prevent self-injury 221
when the device is (i) part of a documented treatment plan or 222
individualized education program pursuant to section 10-76d, as 223
amended by this act, or (ii) prescribed or recommended by a medical 224
professional, as defined in section 38a-976, and is the least restrictive 225
means available to prevent such self-injury; or (F) [an exclusionary] a 226
time out; 227
(4) "School employee" has the same meaning as provided in 228
subsection (b) of section 10-221o; 229
(5) "Seclusion" means the involuntary confinement of a student in a 230
room from which the student is physically prevented from leaving. 231
"Seclusion" does not include [an exclusionary] a time out; 232
(6) "Student" means a child (A) enrolled in grades kindergarten to 233
twelve, inclusive, in a public school under the jurisdiction of a local or 234
regional board of education, (B) receiving special education and 235
related services in an institution or facility operating under contract 236
with a local or regional board of education pursuant to subsection (d) 237
of section 10-76d, (C) enrolled in a program or school administered by 238
a regional education service center established pursuant to section 10-239
66a, or (D) receiving special education and related services from an 240 Substitute Bill No. 1200
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approved private special education program, but shall not include any 241
child receiving educational services from (i) Unified School District #2, 242
established pursuant to section 17a-37, or (ii) the Department of Mental 243
Health and Addiction Services; [and] 244
(7) ["Exclusionary time out" means a temporary, continuously 245
monitored separation of a student from an ongoing activity in a non-246
locked setting, for the purpose of calming such student or deescalating 247
such student's behavior.] "Time out" means a behavior management 248
technique that may involve the separation of the student from the 249
group or classroom in a nonlocked setting; and 250
(8) "School mental health specialist" means any person employed by 251
a local or regional board of education to provide mental health services 252
to students and includes, but is not limited to, a (1) school social 253
worker, (2) school psychologist, (3) trauma specialist, (4) behavior 254
technician, (5) board certified behavior analyst, (6) school counselor, 255
(7) licensed professional counselor, and (8) licensed marriage and 256
family therapist. 257
(b) (1) No school employee shall use a physical restraint on a 258
student except as an emergency intervention to prevent immediate or 259
imminent injury to the student or to others, provided the restraint is 260
not used for discipline or convenience and is not used as a substitute 261
for a less restrictive alternative. (2) No school employee shall use a 262
physical restraint that is contraindicated based on a student's 263
disability, health care needs or medical or psychiatric condition. (3) 264
Physical restraint shall not be utilized as a planned intervention in a 265
student's behavioral intervention plan, individualized education 266
program or plan pursuant to Section 504 of the Rehabilitation Act of 267
1973, as amended from time to time. 268
(c) No school employee shall use a life-threatening physical restraint 269
on a student. This section shall not be construed as limiting any 270
defense to criminal prosecution for the use of deadly physical force 271
that may be available under sections 53a-18 to 53a-22, inclusive. 272 Substitute Bill No. 1200
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(d) (1) No school employee shall place a student in seclusion except 273
as an emergency intervention to prevent immediate or imminent 274
injury to the student or to others, provided the seclusion is not used for 275
discipline or convenience and is not used as a substitute for a less 276
restrictive alternative. (2) No student shall be placed in seclusion 277
unless (A) such student is monitored by a school [employee] mental 278
health specialist during the period of such student's seclusion pursuant 279
to subsection (m) of this section, and (B) the area in which such student 280
is secluded is equipped with a window or other fixture allowing such 281
student a clear line of sight beyond the area of seclusion. (3) Seclusion 282
shall not be utilized as a planned intervention in a student's behavioral 283
intervention plan, individualized education program or plan pursuant 284
to Section 504 of the Rehabilitation Act of 1973, as amended from time 285
to time. 286
(e) No school employee may use a psychopharmacologic agent on a 287
student without that student's consent except [(1) as an emergency 288
intervention to prevent immediate or imminent injury to the student or 289
to others, or (2)] as an integral part of the student's established medical 290
or behavioral support or educational plan, as developed consistent 291
with section 17a-543 or, if no such plan has been developed, as part of 292
a licensed practitioner's initial orders. [The use of 293
psychopharmacologic agents, alone or in combination, may be used 294
only in doses that are therapeutically appropriate and not as a 295
substitute for other appropriate treatment.] 296
(f) If any instance of physical restraint or seclusion of a student 297
otherwise permissible under subsection (b) or (d) of this section 298
exceeds fifteen minutes, (1) an administrator, as defined in section 10-299
144e, or such administrator's designee, (2) a school health or mental 300
health personnel, as defined in subsection (a) of section 10-212b, or (3) 301
a board certified behavioral analyst, who has received training in the 302
use of physical restraint and seclusion pursuant to subsection (o) of 303
this section, shall determine whether continued physical restraint or 304
seclusion is necessary to prevent immediate or imminent injury to the 305 Substitute Bill No. 1200
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student or to others. Upon a determination that such continued 306
physical restraint or seclusion is necessary, such individual shall make 307
a new determination every thirty minutes thereafter regarding 308
whether such physical restraint or seclusion is necessary to prevent 309
immediate or imminent injury to the student or to others. 310
(g) In the event that physical restraint or seclusion is used on a 311
student four or more times within twenty school days: 312
(1) An administrator, one or more of such student's teachers, a 313
parent or guardian of such student and, if any, a mental health 314
professional, as defined in section 10-76t, shall convene for the purpose 315
of (A) conducting or revising a behavioral assessment of the student, 316
(B) creating or revising any applicable behavioral intervention plan, 317
and (C) determining whether such student may require special 318
education pursuant to section 10-76ff; or 319
(2) If such student is a child requiring special education, as 320
described in subparagraph (A) of subdivision (5) of section 10-76a, or a 321
child being evaluated for eligibility for special education pursuant to 322
section 10-76d, as amended by this act, and awaiting a determination, 323
such student's planning and placement team shall convene for the 324
purpose of (A) conducting or revising a behavioral assessment of the 325
student, and (B) creating or revising any applicable behavioral 326
intervention plan, including, but not limited to, such student's 327
individualized education plan. 328
(h) (1) Each local or regional board of education shall notify a parent 329
or guardian of a student who is placed in physical restraint, [or] 330
seclusion [not later than twenty-four hours after] or a time out on the 331
day that the student was placed in such physical restraint, [or] 332
seclusion or time out and shall make a reasonable effort to provide 333
such notification immediately after such physical restraint, [or] 334
seclusion or time out is initiated. 335
(2) Each local and regional board of education shall meet, in person 336 Substitute Bill No. 1200
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or through an online technology platform, or have a telephone 337
conversation with the parents or guardians of a student who was 338
placed in physical restraint or seclusion, or who has been placed in a 339
time out three times in the previous thirty days, not later than five 340
days after the student was placed in such physical restraint or 341
seclusion or time outs. The board shall provide such parents or 342
guardians with a detailed summary of the events leading up to and 343
during such physical restraint, seclusion or time outs, including the 344
names of any witnesses of such physical restraint, seclusion or time 345
outs, and their accounts of such events, and an explanation of the 346
reasons for the use of such physical restraint, seclusion or time outs. 347
(i) No school employee shall use a physical restraint on a student or 348
place a student in seclusion unless such school employee has received 349
training on the proper means for performing such physical restraint or 350
seclusion pursuant to subsection (o) of this section. 351
(j) [(1)] On and after July 1, [2016] 2023, each local or regional board 352
of education, and each institution or facility operating under contract 353
with a local or regional board of education pursuant to subsection (d) 354
of section 10-76d that provides special education for children, 355
including any approved private special education program, shall [(A)] 356
(1) record each instance of the use of physical restraint, [or] seclusion 357
or time out on a student, [(B)] (2) specify whether the use of seclusion 358
was in accordance with an individualized education program, [(C)] (3) 359
specify the nature of the emergency that necessitated the use of such 360
physical restraint, [or] seclusion or time out, and [(D)] (4) include such 361
information in an annual compilation on its use of such restraint, [and] 362
seclusion and time out on students. Each local or regional board of 363
education and such institutions or facilities operating under contract 364
with a local or regional board of education pursuant to subsection (d) 365
of section 10-76d that provides special education for children, 366
including any approved private special education program shall 367
provide such annual compilation to the Department of Education for 368
the purposes of [the pilot program established pursuant to subdivision 369 Substitute Bill No. 1200
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(2) of this subsection to examine] examining incidents of physical 370
restraint, [and] seclusion and time outs in schools and to the State 371
Board of Education for the purposes of subsection (k) of this section. 372
Local or regional boards of education and such institutions and 373
facilities that provide special education for children shall not be 374
required to report instances of in-school suspensions, as defined in 375
subsection (c) of section 10-233a. 376
[(2) The Department of Education shall establish a pilot program for 377
the school year commencing July 1, 2015. Such pilot program shall be 378
implemented in various districts, including, but not limited to, an 379
alliance district, a regional school district and a regional education 380
service center. Under the pilot program, the Department of Education 381
shall examine incidents of physical restraint and seclusion in schools 382
and shall compile and analyze data regarding such incidents to enable 383
the department to better understand and respond to incidents of 384
physical restraint and seclusion on students in the state.] 385
(k) The State Board of Education shall review the annual 386
compilation of each local or regional board of education, and each 387
institution or facility operating under contract with a local or regional 388
board of education pursuant to subsection (d) of section 10-76d that 389
provides special education for children, including any approved 390
private special education program, and shall produce an annual 391
summary report specifying (1) the frequency of use of physical 392
restraint, [or] seclusion or time out on students, (2) whether any 393
student subjected to such restraint, [or] seclusion or time out was a 394
special education student, [and] (3) if any such student was a special 395
education student, whether the use of such seclusion was in 396
accordance with an individualized education program or whether the 397
use of such seclusion was an emergency intervention to prevent 398
immediate or imminent injury to the student or to others, and (4) a 399
disaggregation of the use of physical restraint on various student 400
demographic subgroups. Such report shall be submitted not later than 401
January 15, [2017] 2024, and annually thereafter, to the joint standing 402 Substitute Bill No. 1200
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committees of the General Assembly having cognizance of matters 403
relating to children and education for inclusion in the annual report 404
card prepared pursuant to section 2-53m. 405
(l) Any use of physical restraint, [or] seclusion or time out on a 406
student shall be documented in the student's educational record. The 407
documentation shall include (1) the nature of the emergency and what 408
other steps, including attempts at verbal deescalation, were taken to 409
prevent the emergency from arising if there were indications that such 410
an emergency was likely to arise, and (2) a detailed description of the 411
nature of the restraint, [or] seclusion or time out, the duration of such 412
restraint, [or] seclusion or time out and the effect of such restraint, [or] 413
seclusion or time out on the student's established educational plan. 414
(m) Any student who is physically restrained shall be continually 415
monitored by a school employee. Any student who is involuntarily 416
placed in seclusion shall be frequently monitored by a school 417
[employee] mental health specialist. Each student so restrained or in 418
seclusion shall be regularly evaluated by a school [employee] mental 419
health specialist for indications of physical distress. The school 420
[employee] mental health specialist conducting the evaluation shall 421
enter each evaluation in the student's educational record. For purposes 422
of this subsection, "monitor" means (1) direct observation, or (2) 423
observation by way of video monitoring within physical proximity 424
sufficient to provide aid as may be needed. 425
(n) If the use of such restraint, [or] seclusion or time out results in 426
physical injury to the student, the local or regional board of education, 427
and each institution or facility operating under contract with a local or 428
regional board of education pursuant to subsection (d) of section 10-429
76d that provides special education for children, including any 430
approved private special education program, shall report the incident 431
to the State Board of Education, which shall include such incident in 432
the report required pursuant to subsection (k) of this section. The State 433
Board of Education shall report any incidence of serious injury or 434
death to the nonprofit entity designated by the Governor in accordance 435 Substitute Bill No. 1200
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with section 46a-10b to serve as the Connecticut protection and 436
advocacy system, as required by the Developmental Disabilities 437
Assistance and Bill of Rights Act of 2000, 42 USC 15041, et seq., as 438
amended from time to time, and any regulations promulgated 439
thereunder, and as required by the Protection and Advocacy for 440
Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended 441
from time to time, and any regulations promulgated thereunder, and, 442
if appropriate, to the Child Advocate of the Office of the Child 443
Advocate. 444
(o) (1) Each local or regional board of education shall provide 445
training regarding the physical restraint and seclusion of students to 446
the members of the crisis intervention team for each school in the 447
district, identified pursuant to subdivision (2) of this subsection. A 448
local or regional board of education may provide such training to any 449
teacher, as defined in section 10-144d, administrator, as defined in 450
section 10-144e, school paraprofessional, school mental health 451
specialist or other school employee, as defined in section 10-222d, 452
designated by the school principal and who has direct contact with 453
students. Such training shall be provided during the school year 454
commencing July 1, [2017] 2023, and each school year thereafter, and 455
shall include, but not be limited to: 456
(A) An overview of the relevant laws and regulations regarding the 457
use of physical restraint and seclusion on students and the proper uses 458
of physical restraint and seclusion. For the school year commencing 459
July 1, [2017] 2023, and annually thereafter, such overview shall be 460
provided by the Department of Education, in a manner and form as 461
prescribed by the Commissioner of Education; 462
(B) The creation of a plan by which each local and regional board of 463
education shall provide training regarding the prevention of incidents 464
requiring physical restraint or seclusion of students. Such plan shall be 465
implemented not later than July 1, [2018] 2023. The Department of 466
Education may, within available appropriations, provide ongoing 467
monitoring and support to local or regional boards of education 468 Substitute Bill No. 1200
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regarding the formulation and implementation of the plan; and 469
(C) The creation of a plan by which each local or regional board of 470
education shall provide training regarding the proper means of 471
physical restraint or seclusion of a student, including, but not limited 472
to, (i) various types of physical restraint and seclusion; (ii) the 473
differences between life-threatening physical restraint and other 474
varying levels of physical restraint; (iii) the differences between 475
permissible physical restraint and pain compliance techniques; and (iv) 476
monitoring methods to prevent harm to a student who is physically 477
restrained or in seclusion. Such plan shall be implemented not later 478
than July 1, [2018] 2023; 479
(2) For the school year commencing July 1, 2017, and each school 480
year thereafter, each local and regional board of education shall 481
require each school in the district to identify a crisis intervention team 482
consisting of any teacher, as defined in section 10-144d, administrator, 483
as defined in section 10-144e, school paraprofessional, school mental 484
health specialist or other school employee, as defined in section 10-485
222d, designated by the school principal and who has direct contact 486
with students. Such teams shall respond to any incident in which the 487
use of physical restraint or seclusion may be necessary as an 488
emergency intervention to prevent immediate or imminent injury to a 489
student or to others. Each member of the crisis intervention team shall 490
be recertified in the use of physical restraint and seclusion pursuant to 491
subparagraph (C) of subdivision (1) of this subsection or chapter 814e 492
on an annual basis. Each local and regional board of education shall 493
maintain a list of the members of the crisis intervention team for each 494
school. 495
(p) Each local or regional board of education shall develop policies 496
and procedures that establish monitoring and internal reporting of the 497
use of physical restraint, [and] seclusion and time outs on students and 498
shall make such policies and procedures available on such local or 499
regional board of education's Internet web site and in such local or 500
regional board of education's procedures manual. 501 Substitute Bill No. 1200
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(q) Nothing in this section shall be construed as limiting the justified 502
use of physical force by a local, state or federal law enforcement official 503
while in the performance of such official's duties. 504
(r) The State Board of Education shall adopt or revise regulations, in 505
accordance with the provisions of chapter 54, concerning the use of 506
physical restraint and seclusion pursuant to this section. Not later than 507
sixty days after the adoption or revision of such regulations, each local 508
or regional board of education shall update any applicable policies and 509
procedures regarding the physical restraint and seclusion of students 510
and shall make such updated policies and procedures available in a 511
manner consistent with the provisions of subsection (p) of this section. 512
(s) Not later than January 1, [2019] 2024, each local or regional board 513
of education shall establish a policy regarding the use of [an 514
exclusionary time out] time outs. Such policy shall include, but need 515
not be limited to, a requirement that (1) [exclusionary] time outs are 516
not to be used as a form of discipline, (2) at least one school employee 517
remain with the student, or be immediately available to the student 518
such that the student and school employee are able to communicate 519
verbally, throughout the [exclusionary] time out, (3) the space used for 520
[an exclusionary] a time out is clean, safe, sanitary and appropriate for 521
the purpose of calming such student or deescalating such student's 522
behavior, (4) the [exclusionary] time out period terminate as soon as 523
possible, and (5) if such student is a child requiring special education, 524
as defined in section 10-76a, or a child being evaluated for special 525
education, pursuant to section 10-76d, as amended by this act, and 526
awaiting a determination, and the interventions or strategies are 527
unsuccessful in addressing such student's problematic behavior, such 528
student's planning and placement team shall convene as soon as is 529
practicable to determine alternative interventions or strategies. 530
Sec. 7. Section 19a-6u of the general statutes is repealed and the 531
following is substituted in lieu thereof (Effective July 1, 2023): 532
For the fiscal [year] years ending June 30, 2023, to July 1, 2025, 533 Substitute Bill No. 1200
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inclusive, the Department of Public Health shall administer a school-534
based health center expansion grant program to provide grants to 535
[certain] operators of school-based health centers for the expansion of 536
school-based health centers and services provided by such centers. 537
[The following operators of school-based health centers shall be 538
eligible for a grant under this section: (1) The operator of a school-539
based health center for any of the thirty-six recommended sites for 540
expanded mental health services contained in the final report of the 541
School-Based Health Center Expansion Working Group, established 542
pursuant to section 16 of public act 21-35, and (2) the operator of a 543
school-based health center for any of the one hundred twenty-four 544
recommended schools for expanded school-based health center 545
medical and mental health services contained in the final report of the 546
School-Based Health Center Expansion Working Group, established 547
pursuant to section 16 of public act 21-35.] The department shall give 548
priority to awarding a grant to those operators of a school-based health 549
center that will provide services after regular school hours. Each such 550
operator shall submit, in collaboration with the local or regional board 551
of education for the school district in which the school-based health 552
center is located, an application for a grant under this section at such 553
time and in such manner as prescribed by the department. 554
Sec. 8. (NEW) (Effective July 1, 2023) On and after July 1, 2023, the 555
Department of Education shall make available on the department's 556
Internet web site all documents relating to the decisions of a due 557
process hearing required under 34 CFR 300.500 to 300.537, as amended 558
from time to time, and any corrective actions taken by the department 559
in response to a complaint, pursuant to 34 CFR 300.151 to 300.153, as 560
amended from time to time, regarding the provision of special 561
education and related services by a local or regional board of 562
education or other entity responsible for the provision of special 563
education and related services to a student. The department shall 564
redact any personally identifiable information of a student prior to 565
making such decisions and documents available. 566 Substitute Bill No. 1200
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Sec. 9. Subsection (i) of section 10-76d of the general statutes is 567
repealed and the following is substituted in lieu thereof (Effective July 568
1, 2023): 569
(i) (1) No local or regional board of education shall discipline, 570
suspend, terminate or otherwise punish any member of a planning and 571
placement team employed by such board who discusses or makes 572
recommendations concerning the provision of special education and 573
related services for a child during a planning and placement team 574
meeting for such child. 575
(2) No birth-to-three service coordinator or qualified personnel, as 576
those terms are defined in section 17a-248, who discusses or makes 577
recommendations concerning the provision of special education and 578
related services for a child during a planning and placement team 579
meeting for such child or in a transition plan, as required by section 580
17a-248e, shall be subject to discipline, suspension, termination or 581
other punishment on the basis of such recommendations. 582
(3) No local or regional board of education shall discipline, suspend, 583
terminate or otherwise punish any school employee, as defined in 584
section 10-222d, who discusses or makes recommendations concerning 585
the provision of services or accommodations for a student as part of a 586
plan pursuant to Section 504 of the Rehabilitation Act of 1973, as 587
amended from time to time. 588
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
Sec. 8 July 1, 2023 New section Substitute Bill No. 1200
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Sec. 9 July 1, 2023 10-76d(i)
ED Joint Favorable Subst.