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 Section 10-4w of the general statutes is repealed and the 12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act 22-116, is repealed and the following is substituted in lieu thereof 59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