Connecticut 2023 Regular Session

Connecticut Senate Bill SB01200 Compare Versions

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7	7		General Assembly Substitute Bill No. 1200
8	8		January Session, 2023
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14	14		AN ACT CONCERNING SPECIAL EDUCATION.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18		-	Section 1. (Effective from passage) On and after the effective date of ~~this~~ 1
19		-	section, the Department of Education shall not include any federal ~~funds~~ 2
20		-	received by a local or regional board of education pursuant to ~~the~~ 3
21		-	Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, as 4
22		-	amended from time to time, the Coronavirus Response and Relief 5
	18	+	Section 1. (Effective from passage) On and after the effective date of 1
	19	+	this section, the Department of Education shall not include any federal 2
	20	+	funds received by a local or regional board of education pursuant to 3
	21	+	the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 4
	22	+	as amended from time to time, the Coronavirus Response and Relief 5
23	23		Supplemental Appropriations Act, P.L. 116-260, as amended from time 6
24	24		to time, and the American Rescue Plan Act of 2021, P.L. 117-2, as 7
25		-	amended from time to time, in the calculation of such board's net ~~current~~ 8
26		-	expenditures per pupil for purposes of determining the ~~amount of the~~ 9
27		-	grant paid by the State Board of Education to such ~~board under section~~ 10
28		-	10-76g of the general statutes. 11
	25	+	amended from time to time, in the calculation of such board's net 8
	26	+	current expenditures per pupil for purposes of determining the 9
	27	+	amount of the grant paid by the State Board of Education to such 10
	28	+	board under section 10-76g of the general statutes. 11
29	29		Sec. 2. Section 10-4w of the general statutes is repealed and the 12
30	30		following is substituted in lieu thereof (Effective July 1, 2023): 13
31	31		(a) As used in this section: 14
32	32		(1) "Remote learning" means instruction by means of one or more 15
33	33		Internet-based software platforms as part of a remote learning model; 16
34		-	and 17 Substitute Bill No. 1200
	34	+	and 17
	35	+	(2) "Dual instruction" means the simultaneous instruction by a 18 Substitute Bill No. 1200
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41		-	(2) "Dual instruction" means the simultaneous instruction by a 18
42	42		teacher to students in-person in the classroom and students engaged in 19
43	43		remote learning. 20
44	44		(b) Not later than January 1, 2022, the Commissioner of Education 21
45	45		shall develop, and update as necessary, standards for remote learning. 22
46	46		(c) For the school years commencing July 1, 2022, and July 1, 2023, a 23
47	47		local or regional board of education may authorize remote learning to 24
48	48		students in grades nine to twelve, inclusive, provided such board (1) 25
49	49		provides such instruction in compliance with the standards developed 26
50	50		pursuant to subsection (b) of this section, (2) adopts a policy regarding 27
51		-	the requirements for student attendance during remote learning, ~~which~~ 28
52		-	shall (A) be in compliance with the Department of Education's ~~guidance~~ 29
53		-	on student attendance during remote learning, and (B) count ~~the~~ 30
54		-	attendance of any student who spends not less than one-half of the 31
	51	+	the requirements for student attendance during remote learning, 28
	52	+	which shall (A) be in compliance with the Department of Education's 29
	53	+	guidance on student attendance during remote learning, and (B) count 30
	54	+	the attendance of any student who spends not less than one-half of the 31
55	55		school day during such instruction engaged in (i) virtual classes, (ii) 32
56	56		virtual meetings, (iii) activities on time-logged electronic systems, and 33
57		-	(iv) the completion and submission of assignments, and (3) prohibits the 34
58		-	provision of dual instruction as part of remote learning, unless dual 35
59		-	instruction is required in, or necessary to implement, the individualized 36
60		-	education program of a student who requires special education and 37
61		-	related services or a plan pursuant to Section 504 of the Rehabilitation 38
62		-	Act of 1973, as amended from time to time. 39
63		-	(d) For the school year commencing July 1, 2024, and each school year 40
64		-	thereafter, a local or regional board of education may authorize remote 41
65		-	learning to students in grades kindergarten to twelve, inclusive, 42
66		-	provided such board (1) provides such instruction in compliance with 43
67		-	the standards developed pursuant to subsection (b) of this section, (2) 44
68		-	adopts a policy regarding the requirements for student attendance 45
69		-	during remote learning, which shall (A) be in compliance with the 46
70		-	Department of Education's guidance on student attendance during 47
71		-	remote learning, and (B) count the attendance of any student who 48
72		-	spends not less than one-half of the school day during such instruction 49
73		-	engaged in (i) virtual classes, (ii) virtual meetings, (iii) activities on time-50 Substitute Bill No. 1200
	57	+	(iv) the completion and submission of assignments, and (3) prohibits 34
	58	+	the provision of dual instruction as part of remote learning, unless 35
	59	+	dual instruction is required in, or necessary to implement, the 36
	60	+	individualized education program of a student who requires special 37
	61	+	education and related services or a plan pursuant to Section 504 of the 38
	62	+	Rehabilitation Act of 1973, as amended from time to time. 39
	63	+	(d) For the school year commencing July 1, 2024, and each school 40
	64	+	year thereafter, a local or regional board of education may authorize 41
	65	+	remote learning to students in grades kindergarten to twelve, 42
	66	+	inclusive, provided such board (1) provides such instruction in 43
	67	+	compliance with the standards developed pursuant to subsection (b) of 44
	68	+	this section, (2) adopts a policy regarding the requirements for student 45
	69	+	attendance during remote learning, which shall (A) be in compliance 46
	70	+	with the Department of Education's guidance on student attendance 47
	71	+	during remote learning, and (B) count the attendance of any student 48
	72	+	who spends not less than one-half of the school day during such 49
	73	+	instruction engaged in (i) virtual classes, (ii) virtual meetings, (iii) 50
	74	+	activities on time-logged electronic systems, and (iv) the completion 51 Substitute Bill No. 1200
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80		-	logged electronic systems, and (iv) the completion and submission of 51
81		-	assignments, and (3) prohibits the provision of dual instruction as part 52
82		-	of remote learning, unless dual instruction is required in, or necessary 53
83		-	to implement, the individualized education program of a student who 54
84		-	requires special education and related services or a plan pursuant to 55
85		-	Section 504 of the Rehabilitation Act of 1973, as amended from time to 56
86		-	time. 57
87		-	Sec. 3. Section 3 of public act 21-95, as amended by section 3 of public 58
88		-	act 22-116, is repealed and the following is substituted in lieu thereof 59
89		-	(Effective from passage): 60
	81	+	and submission of assignments, and (3) prohibits the provision of dual 52
	82	+	instruction as part of remote learning, unless dual instruction is 53
	83	+	required in, or necessary to implement, the individualized education 54
	84	+	program of a student who requires special education and related 55
	85	+	services or a plan pursuant to Section 504 of the Rehabilitation Act of 56
	86	+	1973, as amended from time to time. 57
	87	+	Sec. 3. Section 3 of public act 21-95, as amended by section 3 of 58
	88	+	public act 22-116, is repealed and the following is substituted in lieu 59
	89	+	thereof (Effective from passage): 60
90	90		(a) There is established a task force to study issues relating to the 61
91		-	provision and funding of special education in the state during the ~~school~~ 62
92		-	years commencing July 1, 2016, to July 1, 2020, inclusive. Such ~~study~~ 63
93		-	shall include, but need not be limited to, an examination of (1) ~~the~~ 64
94		-	provision of special education and related services, including the 65
	91	+	provision and funding of special education in the state during the 62
	92	+	school years commencing July 1, 2016, to July 1, 2020, inclusive. Such 63
	93	+	study shall include, but need not be limited to, an examination of (1) 64
	94	+	the provision of special education and related services, including the 65
95	95		provision of services to students identified as gifted and talented, and 66
96	96		whether local and regional boards of education are providing such 67
97		-	services directly or partnering with regional educational service centers, 68
98		-	contracting with a private provider of special education services, as 69
99		-	defined in section 10-91g of the general statutes, or as part of a 70
100		-	cooperative arrangement pursuant to section 10-158a of the general 71
101		-	statutes, (2) the cost of providing special education and related services, 72
102		-	including gifted and talented services, the total aggregate amount per 73
103		-	school district per year and the annual percentage increase or decrease 74
104		-	per school district of such cost, (3) the effect that the cost of special 75
105		-	education and gifted and talented services has on a board of education's 76
106		-	minimum budget requirement, (4) the level of state reimbursement to 77
107		-	boards of education for special education and gifted and talented 78
108		-	services, including the total amount for reimbursement submitted by 79
109		-	each school district per year and the total amount received by such 80
110		-	school district per year, and the percentage increase or decrease per year 81
111		-	of the difference of the total amount submitted and the total amount 82
112		-	received for each school district, [and] (5) the criteria and manner by 83 Substitute Bill No. 1200
	97	+	services directly or partnering with regional educational service 68
	98	+	centers, contracting with a private provider of special education 69
	99	+	services, as defined in section 10-91g of the general statutes, or as part 70
	100	+	of a cooperative arrangement pursuant to section 10-158a of the 71
	101	+	general statutes, (2) the cost of providing special education and related 72
	102	+	services, including gifted and talented services, the total aggregate 73
	103	+	amount per school district per year and the annual percentage increase 74
	104	+	or decrease per school district of such cost, (3) the effect that the cost of 75
	105	+	special education and gifted and talented services has on a board of 76
	106	+	education's minimum budget requirement, (4) the level of state 77
	107	+	reimbursement to boards of education for special education and gifted 78
	108	+	and talented services, including the total amount for reimbursement 79
	109	+	submitted by each school district per year and the total amount 80
	110	+	received by such school district per year, and the percentage increase 81
	111	+	or decrease per year of the difference of the total amount submitted 82
	112	+	and the total amount received for each school district, [and] (5) the 83
	113	+	criteria and manner by which school districts are identifying students 84 Substitute Bill No. 1200
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119		-	which school districts are identifying students who require special 84
120		-	education and related services or as gifted and talented, including 85
121		-	whether school districts are overidentifying or underidentifying such 86
122		-	students and the causes and reasons for such overidentification and 87
123		-	underidentification, (6) the feasibility of authorizing independent 88
124		-	evaluators from the Department of Education or hired by the parents 89
125		-	and guardians of students receiving special education and related 90
126		-	services to observe the provision of such services in the classroom, (7) 91
127		-	delaying the age in which a classification category of special education 92
128		-	services shall be made for a child requiring special education and related 93
129		-	services, (8) special education student-to-teacher ratios prescribed by 94
130		-	case load policies, regulations and formulas in effect in other states, with 95
131		-	a focus on provisions regarding the numbers of special education 96
132		-	students and intensity of services required for such students, and (9) any 97
133		-	other issues or topics relating to special education that the task force 98
134		-	deems necessary. 99
	120	+	who require special education and related services or as gifted and 85
	121	+	talented, including whether school districts are overidentifying or 86
	122	+	underidentifying such students and the causes and reasons for such 87
	123	+	overidentification and underidentification, (6) the feasibility of 88
	124	+	authorizing independent evaluators from the Department of Education 89
	125	+	or hired by the parents and guardians of students receiving special 90
	126	+	education and related services to observe the provision of such 91
	127	+	services in the classroom, (7) delaying the age in which a classification 92
	128	+	category of special education services shall be made for a child 93
	129	+	requiring special education and related services, (8) special education 94
	130	+	student-to-teacher ratios prescribed by case load policies, regulations 95
	131	+	and formulas in effect in other states, with a focus on provisions 96
	132	+	regarding the numbers of special education students and intensity of 97
	133	+	services required for such students, and (9) any other issues or topics 98
	134	+	relating to special education that the task force deems necessary. 99
135	135		(b) The task force shall consist of the following members: 100
136	136		(1) Three appointed by the speaker of the House of Representatives, 101
137		-	one of whom is a representative of the Special Education Equity for ~~Kids~~ 102
138		-	of Connecticut, one of whom is a ~~representative~~ of the ~~Connecticut~~ 103
139		-	Association of Boards of Education and one of whom is ~~the parent or~~ 104
140		-	guardian of a student who is enrolled in a public school ~~and receiving~~ 105
141		-	special education services; 106
	137	+	one of whom is a representative of the Special Education Equity for 102
	138	+	Kids of Connecticut, one of whom is a r epresentative of the 103
	139	+	Connecticut Association of Boards of Education and one of whom is 104
	140	+	the parent or guardian of a student who is enrolled in a public school 105
	141	+	and receiving special education services; 106
142	142		(2) Three appointed by the president pro tempore of the Senate, one 107
143	143		of whom is a representative of the Connecticut Association of Public 108
144	144		School Superintendents, one of whom is a representative of the 109
145	145		Connecticut Education Association and one of whom is the parent or 110
146	146		guardian of a student who is enrolled in a public school and receiving 111
147	147		special education services; 112
148	148		(3) Two appointed by the majority leader of the House of 113
149	149		Representatives, one of whom is a representative of the American 114
150		-	Federation of Teachers-Connecticut and one of whom is a representative 115 Substitute Bill No. 1200
	150	+	Federation of Teachers-Connecticut and one of whom is a 115
	151	+	representative of the Connecticut Parent Advocacy Center; 116 Substitute Bill No. 1200
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157		-	of the Connecticut Parent Advocacy Center; 116
158		-	(4) Two appointed by the majority leader of the Senate, one of whom 117
159		-	is a representative of the Connecticut Council of Administrators of 118
160		-	Special Education and one of whom is a representative of the RESC 119
	158	+	(4) Two appointed by the majority leader of the Senate, one of 117
	159	+	whom is a representative of the Connecticut Council of Administrators 118
	160	+	of Special Education and one of whom is a representative of the RESC 119
161	161		Alliance; 120
162	162		(5) Two appointed by the minority leader of the House of 121
163	163		Representatives, one of whom is a representative of the Connecticut 122
164	164		Association of School Administrators and one of whom is a 123
165	165		representative of the School and State Finance Project; 124
166		-	(6) Two appointed by the minority leader of the Senate, one of ~~whom~~ 125
167		-	is a representative of the Connecticut Association of Schools ~~and one of~~ 126
168		-	whom is a representative of the Connecticut Association of ~~School~~ 127
169		-	Business Officials; [and] 128
	166	+	(6) Two appointed by the minority leader of the Senate, one of 125
	167	+	whom is a representative of the Connecticut Association of Schools 126
	168	+	and one of whom is a representative of the Connecticut Association of 127
	169	+	School Business Officials; [and] 128
170	170		(7) The Commissioner of Education, or the commissioner's designee; 129
171	171		(8) The chairperson of the Advisory Council for Special Education, 130
172	172		established pursuant to section 10-76i of the general statutes; and 131
173		-	(9) A representative of the Connecticut Association of Private ~~Special~~ 132
174		-	Education Facilities, designated by the association. 133
	173	+	(9) A representative of the Connecticut Association of Private 132
	174	+	Special Education Facilities, designated by the association. 133
175	175		(c) All appointments to the task force shall be made not later than 134
176	176		thirty days after the effective date of this section. Any vacancy shall be 135
177	177		filled by the appointing authority. 136
178	178		(d) The speaker of the House of Representatives and the president 137
179		-	pro tempore of the Senate shall select the cochairpersons of the task ~~force~~ 138
180		-	from among the members of the task force. Such cochairpersons ~~shall~~ 139
181		-	schedule the first meeting of the task force, which shall be held ~~not later~~ 140
182		-	than sixty days after the effective date of this section. 141
	179	+	pro tempore of the Senate shall select the cochairpersons of the task 138
	180	+	force from among the members of the task force. Such cochairpersons 139
	181	+	shall schedule the first meeting of the task force, which shall be held 140
	182	+	not later than sixty days after the effective date of this section. 141
183	183		(e) The administrative staff of the joint standing committee of the 142
184		-	General Assembly having cognizance of matters relating to education 143 Substitute Bill No. 1200
	184	+	General Assembly having cognizance of matters relating to education 143
	185	+	shall serve as administrative staff of the task force. 144 Substitute Bill No. 1200
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191		-	shall serve as administrative staff of the task force. 144
192	192		(f) Not later than [January] February 1, 2024, the task force shall 145
193	193		submit a report on its findings and recommendations to the joint 146
194	194		standing committee of the General Assembly having cognizance of 147
195	195		matters relating to education, in accordance with the provisions of 148
196	196		section 11-4a of the general statutes. The task force shall terminate on 149
197	197		the date that it submits such report or [January] July 1, 2024, whichever 150
198	198		is later. 151
199	199		Sec. 4. Subparagraph (C) of subdivision (10) of subsection (a) of 152
200	200		section 10-76d of the general statutes is repealed and the following is 153
201	201		substituted in lieu thereof (Effective July 1, 2023): 154
202		-	(C) Such parent, guardian, pupil or surrogate parent shall (i) be given 155
203		-	at least five school days' prior notice of any planning and placement 156
204		-	team meeting conducted for such child or pupil, (ii) have the right to be 157
205		-	present at and participate in all portions of such meeting at which an 158
206		-	educational program for such child or pupil is developed, reviewed or 159
207		-	revised, (iii) have the right to have (I) advisors of such person's own 160
208		-	choosing and at such person's own expense, (II) the school 161
209		-	paraprofessional assigned to such child or pupil, if any, and (III) such 162
210		-	child or pupil's birth-to-three service coordinator, if any, attend and 163
211		-	participate in all portions of such meeting at which an educational 164
212		-	program for such child or pupil is developed, reviewed or revised, [and] 165
213		-	(iv) have the right to have each recommendation made in such child or 166
214		-	pupil's birth-to-three individualized transition plan, as required by 167
215		-	section 17a-248e, if any, addressed by the planning and placement team 168
216		-	during such meeting at which an educational program for such child or 169
217		-	pupil is developed, and (v) have the right to have translation services 170
218		-	provided (I) by a certified interpreter who is present in person or 171
219		-	available by telephone or through an online technology platform, or (II) 172
220		-	through an Internet web site or other electronic application, if the 173
221		-	primary language of such parent, guardian, pupil or surrogate is a 174
222		-	language other than English. 175 Substitute Bill No. 1200
	202	+	(C) Such parent, guardian, pupil or surrogate parent shall (i) be 155
	203	+	given at least five school days' prior notice of any planning and 156
	204	+	placement team meeting conducted for such child or pupil, (ii) have 157
	205	+	the right to be present at and participate in all portions of such meeting 158
	206	+	at which an educational program for such child or pupil is developed, 159
	207	+	reviewed or revised, (iii) have the right to have (I) advisors of such 160
	208	+	person's own choosing and at such person's own expense, (II) the 161
	209	+	school paraprofessional assigned to such child or pupil, if any, and (III) 162
	210	+	such child or pupil's birth-to-three service coordinator, if any, attend 163
	211	+	and participate in all portions of such meeting at which an educational 164
	212	+	program for such child or pupil is developed, reviewed or revised, 165
	213	+	[and] (iv) have the right to have each recommendation made in such 166
	214	+	child or pupil's birth-to-three individualized transition plan, as 167
	215	+	required by section 17a-248e, if any, addressed by the planning and 168
	216	+	placement team during such meeting at which an educational program 169
	217	+	for such child or pupil is developed, and (v) have the right to have 170
	218	+	translation services provided (I) by a certified interpreter who is 171
	219	+	present in person or available by telephone or through an online 172
	220	+	technology platform, or (II) through an Internet web site or other 173
	221	+	electronic application, if the primary language of such parent, 174
	222	+	guardian, pupil or surrogate is a language other than English. 175
	223	+	Sec. 5. Subsection (j) of section 10-66bb of the general statutes is 176
	224	+	repealed and the following is substituted in lieu thereof (Effective July 177 Substitute Bill No. 1200
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229		-	Sec. 5. Subsection (j) of section 10-66bb of the general statutes is 176
230		-	repealed and the following is substituted in lieu thereof (Effective July 1, 177
231		-	2023): 178
	231	+	1, 2023): 178
232	232		(j) (1) The governing council of a state or local charter school may 179
233	233		apply to the State Board of Education for a waiver of the requirements 180
234	234		of the enrollment lottery described in subdivision (8) of subsection (d) 181
235	235		of this section, provided such state or local charter school has as its 182
236	236		primary purpose the establishment of education programs designed to 183
237	237		serve one or more of the following populations: (A) Students with a 184
238	238		history of behavioral and social difficulties, (B) students identified as 185
239	239		requiring special education, (C) students who are English language 186
240	240		learners, or (D) students of a single gender. 187
241	241		(2) An enrollment lottery described in subdivision (8) of subsection 188
242	242		(d) of this section shall not be held for a local charter school that is 189
243		-	established at a school that is among the schools with a percentage equal 190
244		-	to or less than five per cent when all schools are ranked highest to lowest 191
245		-	in accountability index scores, as defined in section 10-223e. 192
246		-	(3) Except as otherwise provided in subdivision (1) of this subsection, 193
247		-	on and after July 1, 2023, no application for enrollment in a state or local 194
248		-	charter school shall inquire or request information about an applicant 195
249		-	student's need for or receipt of special education and related services, 196
250		-	and the criteria for administering an enrollment lottery for a state or 197
251		-	local charter school shall not include consideration of a student's need 198
252		-	for or status as requiring special education and related services. 199
253		-	Sec. 6. Section 10-236b of the general statutes is repealed and the 200
254		-	following is substituted in lieu thereof (Effective July 1, 2023): 201
255		-	(a) For purposes of this section: 202
256		-	(1) "Life-threatening physical restraint" means any physical restraint 203
257		-	or hold of a person that (A) restricts the flow of air into a person's lungs, 204
258		-	whether by chest compression or any other means, or (B) immobilizes 205
259		-	or reduces the free movement of a person's arms, legs or head while the 206 Substitute Bill No. 1200
	243	+	established at a school that is among the schools with a percentage 190
	244	+	equal to or less than five per cent when all schools are ranked highest 191
	245	+	to lowest in accountability index scores, as defined in section 10-223e. 192
	246	+	(3) Except as otherwise provided in subdivision (1) of this 193
	247	+	subsection, on and after July 1, 2023, no application for enrollment in a 194
	248	+	state or local charter school shall inquire or request information about 195
	249	+	an applicant student's need for or receipt of special education and 196
	250	+	related services, and the criteria for administering an enrollment 197
	251	+	lottery for a state or local charter school shall not include consideration 198
	252	+	of a student's need for or status as requiring special education and 199
	253	+	related services. 200
	254	+	Sec. 6. Section 10-236b of the general statutes is repealed and the 201
	255	+	following is substituted in lieu thereof (Effective July 1, 2023): 202
	256	+	(a) For purposes of this section: 203
	257	+	(1) "Life-threatening physical restraint" means any physical restraint 204
	258	+	or hold of a person that (A) restricts the flow of air into a person's 205
	259	+	lungs, whether by chest compression or any other means, or (B) 206
	260	+	immobilizes or reduces the free movement of a person's arms, legs or 207
	261	+	head while the person is in the prone position; 208 Substitute Bill No. 1200
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266		-	person is in the prone position; 207
267		-	(2) "Psychopharmacologic agent" means any medication that affects 208
268		-	the central nervous system, influencing thinking, emotion or behavior; 209
269		-	(3) "Physical restraint" means any [mechanical or] personal restriction 210
270		-	that immobilizes or reduces the free movement of a person's arms, legs 211
271		-	or head, including, but not limited to, carrying or forcibly moving a 212
272		-	person from one location to another. The term does not include: (A) 213
273		-	Briefly holding a person in order to calm or comfort the person; (B) 214
274		-	restraint involving the minimum contact necessary to safely escort a 215
275		-	person from one area to another; (C) medical devices, including, but not 216
276		-	limited to, supports prescribed by a health care provider to achieve 217
277		-	proper body position or balance; (D) helmets or other protective gear 218
278		-	used to protect a person from injuries due to a fall; (E) helmets, mitts 219
279		-	and similar devices used to prevent self-injury when the device is (i) part 220
280		-	of a documented treatment plan or individualized education program 221
281		-	pursuant to section 10-76d, as amended by this act, or (ii) prescribed or 222
282		-	recommended by a medical professional, as defined in section 38a-976, 223
283		-	and is the least restrictive means available to prevent such self-injury; or 224
284		-	(F) [an exclusionary] a time out; 225
285		-	(4) "School employee" has the same meaning as provided in 226
286		-	subsection (b) of section 10-221o; 227
287		-	(5) "Seclusion" means the involuntary confinement of a student in a 228
288		-	room from which the student is physically prevented from leaving. 229
289		-	"Seclusion" does not include [an exclusionary] a time out; 230
290		-	(6) "Student" means a child (A) enrolled in grades kindergarten to 231
291		-	twelve, inclusive, in a public school under the jurisdiction of a local or 232
292		-	regional board of education, (B) receiving special education and related 233
293		-	services in an institution or facility operating under contract with a local 234
294		-	or regional board of education pursuant to subsection (d) of section 10-235
295		-	76d, (C) enrolled in a program or school administered by a regional 236
296		-	education service center established pursuant to section 10-66a, or (D) 237 Substitute Bill No. 1200
	268	+	(2) "Psychopharmacologic agent" means any medication that affects 209
	269	+	the central nervous system, influencing thinking, emotion or behavior; 210
	270	+	(3) "Physical restraint" means any [mechanical or] personal 211
	271	+	restriction that immobilizes or reduces the free movement of a person's 212
	272	+	arms, legs or head, including, but not limited to, carrying or forcibly 213
	273	+	moving a person from one location to another. The term does not 214
	274	+	include: (A) Briefly holding a person in order to calm or comfort the 215
	275	+	person; (B) restraint involving the minimum contact necessary to safely 216
	276	+	escort a person from one area to another; (C) medical devices, 217
	277	+	including, but not limited to, supports prescribed by a health care 218
	278	+	provider to achieve proper body position or balance; (D) helmets or 219
	279	+	other protective gear used to protect a person from injuries due to a 220
	280	+	fall; (E) helmets, mitts and similar devices used to prevent self-injury 221
	281	+	when the device is (i) part of a documented treatment plan or 222
	282	+	individualized education program pursuant to section 10-76d, as 223
	283	+	amended by this act, or (ii) prescribed or recommended by a medical 224
	284	+	professional, as defined in section 38a-976, and is the least restrictive 225
	285	+	means available to prevent such self-injury; or (F) [an exclusionary] a 226
	286	+	time out; 227
	287	+	(4) "School employee" has the same meaning as provided in 228
	288	+	subsection (b) of section 10-221o; 229
	289	+	(5) "Seclusion" means the involuntary confinement of a student in a 230
	290	+	room from which the student is physically prevented from leaving. 231
	291	+	"Seclusion" does not include [an exclusionary] a time out; 232
	292	+	(6) "Student" means a child (A) enrolled in grades kindergarten to 233
	293	+	twelve, inclusive, in a public school under the jurisdiction of a local or 234
	294	+	regional board of education, (B) receiving special education and 235
	295	+	related services in an institution or facility operating under contract 236
	296	+	with a local or regional board of education pursuant to subsection (d) 237
	297	+	of section 10-76d, (C) enrolled in a program or school administered by 238
	298	+	a regional education service center established pursuant to section 10-239
	299	+	66a, or (D) receiving special education and related services from an 240 Substitute Bill No. 1200
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303		-	~~receiving~~ special education ~~and related services from an approved 238~~
304		-	~~private special education program~~, ~~but shall not include any child 239~~
305		-	~~receiving educational services from~~ (i) ~~Unified School District #2,~~ ~~240~~
306		-	~~established pursuant to section 17a-37, or (ii) the Department of Mental 241~~
307		-	~~Health and Addiction Services;~~ [~~and] 242~~
308		-	~~(7) ["Exclusionary time out" means~~ a ~~temporary, continuously 243~~
309		-	~~monitored separation~~ of a student ~~from an ongoing activity in a non-244~~
310		-	~~locked setting, for the purpose of calming~~ such student ~~or deescalating 245~~
311		-	~~such~~ student~~'s behavior.] "Time~~ ~~out" means a behavior management 246~~
312		-	~~technique that may involve the separation of the student from the~~ group ~~247~~
313		-	~~or classroom in a nonlocked setting;~~ ~~and 248~~
314		-	~~(8) "School~~ mental health ~~specialist" means any person employed by 249~~
315		-	a ~~local or regional board of education to provide mental health services 250~~
316		-	~~to students and includes~~, ~~but is not limited to, a~~ (1) school ~~social worker~~, ~~251~~
317		-	~~(2) school psychologist, (3) trauma specialist, (4) behavior~~ technician, (5) ~~252~~
318		-	~~board certified behavior analyst, (6) school counselor,~~ (7) licensed ~~253~~
319		-	~~professional counselor, and (8) licensed marriage and~~ family therapist. ~~254~~
320		-	(b) (1) No school employee shall use a physical restraint on a ~~student 255~~
321		-	except as an emergency intervention to prevent immediate or ~~imminent 256~~
322		-	injury to the student or to others, provided the restraint is ~~not used for 257~~
323		-	discipline or convenience and is not used as a substitute ~~for a less 258~~
324		-	restrictive alternative. (2) No school employee shall use a ~~physical 259~~
325		-	restraint that is contraindicated based on a student's ~~disability, health 260~~
326		-	care needs or medical or psychiatric condition. (3) ~~Physical restraint 261~~
327		-	shall not be utilized as a planned intervention in a ~~student's behavioral 262~~
328		-	intervention plan, individualized education ~~program or plan pursuant 263~~
329		-	to Section 504 of the Rehabilitation Act of ~~1973, as amended from time 264~~
330		-	to time. ~~265~~
331		-	(c) No school employee shall use a life-threatening physical restraint ~~266~~
332		-	on a student. This section shall not be construed as limiting any ~~defense 267~~
333		-	to criminal prosecution for the use of deadly physical force ~~that may be 268~~
334		-	available under sections 53a-18 to 53a-22, inclusive. ~~269~~ Substitute Bill No. 1200
	306	+	approved private special education program, but shall not include any 241
	307	+	child receiving educational services from (i) Unified School District #2, 242
	308	+	established pursuant to section 17a-37, or (ii) the Department of Mental 243
	309	+	Health and Addiction Services; [and] 244
	310	+	(7) ["Exclusionary time out" means a temporary, continuously 245
	311	+	monitored separation of a student from an ongoing activity in a non-246
	312	+	locked setting, for the purpose of calming such student or deescalating 247
	313	+	such student's behavior.] "Time out" means a behavior management 248
	314	+	technique that may involve the separation of the student from the 249
	315	+	group or classroom in a nonlocked setting; and 250
	316	+	(8) "School mental health specialist" means any person employed by 251
	317	+	a local or regional board of education to provide mental health services 252
	318	+	to students and includes, but is not limited to, a (1) school social 253
	319	+	worker, (2) school psychologist, (3) trauma specialist, (4) behavior 254
	320	+	technician, (5) board certified behavior analyst, (6) school counselor, 255
	321	+	(7) licensed professional counselor, and (8) licensed marriage and 256
	322	+	family therapist. 257
	323	+	(b) (1) No school employee shall use a physical restraint on a 258
	324	+	student except as an emergency intervention to prevent immediate or 259
	325	+	imminent injury to the student or to others, provided the restraint is 260
	326	+	not used for discipline or convenience and is not used as a substitute 261
	327	+	for a less restrictive alternative. (2) No school employee shall use a 262
	328	+	physical restraint that is contraindicated based on a student's 263
	329	+	disability, health care needs or medical or psychiatric condition. (3) 264
	330	+	Physical restraint shall not be utilized as a planned intervention in a 265
	331	+	student's behavioral intervention plan, individualized education 266
	332	+	program or plan pursuant to Section 504 of the Rehabilitation Act of 267
	333	+	1973, as amended from time to time. 268
	334	+	(c) No school employee shall use a life-threatening physical restraint 269
	335	+	on a student. This section shall not be construed as limiting any 270
	336	+	defense to criminal prosecution for the use of deadly physical force 271
	337	+	that may be available under sections 53a-18 to 53a-22, inclusive. 272 Substitute Bill No. 1200
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341		-	(d) (1) No school employee shall place a student in seclusion except ~~270~~
342		-	as an emergency intervention to prevent immediate or imminent ~~injury 271~~
343		-	to the student or to others, provided the seclusion is not used for ~~272~~
344		-	discipline or convenience and is not used as a substitute for a less ~~273~~
345		-	restrictive alternative. (2) No student shall be placed in seclusion ~~unless 274~~
346		-	(A) such student is monitored by a school [employee] mental ~~health 275~~
347		-	specialist during the period of such student's seclusion pursuant ~~to 276~~
348		-	subsection (m) of this section, and (B) the area in which such student ~~is 277~~
349		-	secluded is equipped with a window or other fixture allowing such ~~278~~
350		-	student a clear line of sight beyond the area of seclusion. (3) Seclusion ~~279~~
351		-	shall not be utilized as a planned intervention in a student's behavioral ~~280~~
352		-	intervention plan, individualized education program or plan pursuant ~~281~~
353		-	to Section 504 of the Rehabilitation Act of 1973, as amended from time ~~282~~
354		-	to time. ~~283~~
355		-	(e) No school employee may use a psychopharmacologic agent on a ~~284~~
356		-	student without that student's consent except [(1) as an emergency ~~285~~
357		-	intervention to prevent immediate or imminent injury to the student or ~~286~~
358		-	to others, or (2)] as an integral part of the student's established medical ~~287~~
359		-	or behavioral support or educational plan, as developed consistent ~~with 288~~
360		-	section 17a-543 or, if no such plan has been developed, as part of ~~a 289~~
361		-	licensed practitioner's initial orders. [The use of ~~psychopharmacologic 290~~
362		-	agents, alone or in combination, may be used ~~only in doses that are 291~~
363		-	therapeutically appropriate and not as a ~~substitute for other appropriate 292~~
364		-	treatment.] ~~293~~
365		-	(f) If any instance of physical restraint or seclusion of a student ~~294~~
366		-	otherwise permissible under subsection (b) or (d) of this section ~~exceeds 295~~
367		-	fifteen minutes, (1) an administrator, as defined in section 10-~~144e, or 296~~
368		-	such administrator's designee, (2) a school health or mental ~~health 297~~
369		-	personnel, as defined in subsection (a) of section 10-212b, or (3) ~~a board 298~~
370		-	certified behavioral analyst, who has received training in the ~~use of 299~~
371		-	physical restraint and seclusion pursuant to subsection (o) of ~~this 300~~
372		-	section, shall determine whether continued physical restraint or ~~301~~
373		-	seclusion is necessary to prevent immediate or imminent injury to the ~~302~~ Substitute Bill No. 1200
	344	+	(d) (1) No school employee shall place a student in seclusion except 273
	345	+	as an emergency intervention to prevent immediate or imminent 274
	346	+	injury to the student or to others, provided the seclusion is not used for 275
	347	+	discipline or convenience and is not used as a substitute for a less 276
	348	+	restrictive alternative. (2) No student shall be placed in seclusion 277
	349	+	unless (A) such student is monitored by a school [employee] mental 278
	350	+	health specialist during the period of such student's seclusion pursuant 279
	351	+	to subsection (m) of this section, and (B) the area in which such student 280
	352	+	is secluded is equipped with a window or other fixture allowing such 281
	353	+	student a clear line of sight beyond the area of seclusion. (3) Seclusion 282
	354	+	shall not be utilized as a planned intervention in a student's behavioral 283
	355	+	intervention plan, individualized education program or plan pursuant 284
	356	+	to Section 504 of the Rehabilitation Act of 1973, as amended from time 285
	357	+	to time. 286
	358	+	(e) No school employee may use a psychopharmacologic agent on a 287
	359	+	student without that student's consent except [(1) as an emergency 288
	360	+	intervention to prevent immediate or imminent injury to the student or 289
	361	+	to others, or (2)] as an integral part of the student's established medical 290
	362	+	or behavioral support or educational plan, as developed consistent 291
	363	+	with section 17a-543 or, if no such plan has been developed, as part of 292
	364	+	a licensed practitioner's initial orders. [The use of 293
	365	+	psychopharmacologic agents, alone or in combination, may be used 294
	366	+	only in doses that are therapeutically appropriate and not as a 295
	367	+	substitute for other appropriate treatment.] 296
	368	+	(f) If any instance of physical restraint or seclusion of a student 297
	369	+	otherwise permissible under subsection (b) or (d) of this section 298
	370	+	exceeds fifteen minutes, (1) an administrator, as defined in section 10-299
	371	+	144e, or such administrator's designee, (2) a school health or mental 300
	372	+	health personnel, as defined in subsection (a) of section 10-212b, or (3) 301
	373	+	a board certified behavioral analyst, who has received training in the 302
	374	+	use of physical restraint and seclusion pursuant to subsection (o) of 303
	375	+	this section, shall determine whether continued physical restraint or 304
	376	+	seclusion is necessary to prevent immediate or imminent injury to the 305 Substitute Bill No. 1200
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380		-	student or to others. Upon a determination that such continued ~~physical 303~~
381		-	restraint or seclusion is necessary, such individual shall make ~~a new 304~~
382		-	determination every thirty minutes thereafter regarding ~~whether such 305~~
383		-	physical restraint or seclusion is necessary to prevent ~~immediate or 306~~
384		-	imminent injury to the student or to others. ~~307~~
385		-	(g) In the event that physical restraint or seclusion is used on a ~~308~~
386		-	student four or more times within twenty school days: ~~309~~
387		-	(1) An administrator, one or more of such student's teachers, a ~~parent 310~~
388		-	or guardian of such student and, if any, a mental health ~~professional, as 311~~
389		-	defined in section 10-76t, shall convene for the purpose ~~of (A) 312~~
390		-	conducting or revising a behavioral assessment of the student, ~~(B) 313~~
391		-	creating or revising any applicable behavioral intervention plan, ~~and (C) 314~~
392		-	determining whether such student may require special ~~education 315~~
393		-	pursuant to section 10-76ff; or ~~316~~
394		-	(2) If such student is a child requiring special education, as ~~described 317~~
395		-	in subparagraph (A) of subdivision (5) of section 10-76a, or a ~~child being 318~~
396		-	evaluated for eligibility for special education pursuant to ~~section 10-76d, 319~~
397		-	as amended by this act, and awaiting a determination, ~~such student's 320~~
398		-	planning and placement team shall convene for the ~~purpose of (A) 321~~
399		-	conducting or revising a behavioral assessment of the ~~student, and (B) 322~~
400		-	creating or revising any applicable behavioral ~~intervention plan, 323~~
401		-	including, but not limited to, such student's ~~individualized education 324~~
402		-	plan. ~~325~~
403		-	(h) (1) Each local or regional board of education shall notify a parent ~~326~~
404		-	or guardian of a student who is placed in physical restraint, [or] ~~327~~
405		-	seclusion [not later than twenty-four hours after] or a time out on the ~~328~~
406		-	day that the student was placed in such physical restraint, [or] ~~seclusion 329~~
407		-	or time out and shall make a reasonable effort to provide ~~such 330~~
408		-	notification immediately after such physical restraint, [or] ~~seclusion or 331~~
409		-	time out is initiated. ~~332~~
410		-	(2) Each local and regional board of education shall meet, in person ~~333~~ Substitute Bill No. 1200
	383	+	student or to others. Upon a determination that such continued 306
	384	+	physical restraint or seclusion is necessary, such individual shall make 307
	385	+	a new determination every thirty minutes thereafter regarding 308
	386	+	whether such physical restraint or seclusion is necessary to prevent 309
	387	+	immediate or imminent injury to the student or to others. 310
	388	+	(g) In the event that physical restraint or seclusion is used on a 311
	389	+	student four or more times within twenty school days: 312
	390	+	(1) An administrator, one or more of such student's teachers, a 313
	391	+	parent or guardian of such student and, if any, a mental health 314
	392	+	professional, as defined in section 10-76t, shall convene for the purpose 315
	393	+	of (A) conducting or revising a behavioral assessment of the student, 316
	394	+	(B) creating or revising any applicable behavioral intervention plan, 317
	395	+	and (C) determining whether such student may require special 318
	396	+	education pursuant to section 10-76ff; or 319
	397	+	(2) If such student is a child requiring special education, as 320
	398	+	described in subparagraph (A) of subdivision (5) of section 10-76a, or a 321
	399	+	child being evaluated for eligibility for special education pursuant to 322
	400	+	section 10-76d, as amended by this act, and awaiting a determination, 323
	401	+	such student's planning and placement team shall convene for the 324
	402	+	purpose of (A) conducting or revising a behavioral assessment of the 325
	403	+	student, and (B) creating or revising any applicable behavioral 326
	404	+	intervention plan, including, but not limited to, such student's 327
	405	+	individualized education plan. 328
	406	+	(h) (1) Each local or regional board of education shall notify a parent 329
	407	+	or guardian of a student who is placed in physical restraint, [or] 330
	408	+	seclusion [not later than twenty-four hours after] or a time out on the 331
	409	+	day that the student was placed in such physical restraint, [or] 332
	410	+	seclusion or time out and shall make a reasonable effort to provide 333
	411	+	such notification immediately after such physical restraint, [or] 334
	412	+	seclusion or time out is initiated. 335
	413	+	(2) Each local and regional board of education shall meet, in person 336 Substitute Bill No. 1200
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417		-	or through an online technology platform, or have a telephone ~~334~~
418		-	conversation with the parents or guardians of a student who was ~~placed 335~~
419		-	in physical restraint or seclusion, or who has been placed in a ~~time out 336~~
420		-	three times in the previous thirty days, not later than five ~~days after the 337~~
421		-	student was placed in such physical restraint or ~~seclusion or time outs. 338~~
422		-	The board shall provide such parents or ~~guardians with a detailed 339~~
423		-	summary of the events leading up to and ~~during such physical restraint, 340~~
424		-	seclusion or time outs, including the ~~names of any witnesses of such 341~~
425		-	physical restraint, seclusion or time ~~outs, and their accounts of such 342~~
426		-	events, and an explanation of the ~~reasons for the use of such physical 343~~
427		-	restraint, seclusion or time outs. ~~344~~
428		-	(i) No school employee shall use a physical restraint on a student or ~~345~~
429		-	place a student in seclusion unless such school employee has received ~~346~~
430		-	training on the proper means for performing such physical restraint or ~~347~~
431		-	seclusion pursuant to subsection (o) of this section. ~~348~~
432		-	(j) [(1)] On and after July 1, [2016] 2023, each local or regional board ~~349~~
433		-	of education, and each institution or facility operating under contract ~~350~~
434		-	with a local or regional board of education pursuant to subsection (d) ~~of 351~~
435		-	section 10-76d that provides special education for children, ~~including 352~~
436		-	any approved private special education program, shall [(A)] ~~(1) record 353~~
437		-	each instance of the use of physical restraint, [or] seclusion ~~or time out 354~~
438		-	on a student, [(B)] (2) specify whether the use of seclusion ~~was in 355~~
439		-	accordance with an individualized education program, [(C)] (3) ~~specify 356~~
440		-	the nature of the emergency that necessitated the use of such ~~physical 357~~
441		-	restraint, [or] seclusion or time out, and [(D)] (4) include such ~~358~~
442		-	information in an annual compilation on its use of such restraint, [and] ~~359~~
443		-	seclusion and time out on students. Each local or regional board of ~~360~~
444		-	education and such institutions or facilities operating under contract ~~361~~
445		-	with a local or regional board of education pursuant to subsection (d) ~~of 362~~
446		-	section 10-76d that provides special education for children, ~~including 363~~
447		-	any approved private special education program shall ~~provide such 364~~
448		-	annual compilation to the Department of Education for ~~the purposes of 365~~
449		-	[the pilot program established pursuant to subdivision ~~(2) of this 366~~ Substitute Bill No. 1200
	420	+	or through an online technology platform, or have a telephone 337
	421	+	conversation with the parents or guardians of a student who was 338
	422	+	placed in physical restraint or seclusion, or who has been placed in a 339
	423	+	time out three times in the previous thirty days, not later than five 340
	424	+	days after the student was placed in such physical restraint or 341
	425	+	seclusion or time outs. The board shall provide such parents or 342
	426	+	guardians with a detailed summary of the events leading up to and 343
	427	+	during such physical restraint, seclusion or time outs, including the 344
	428	+	names of any witnesses of such physical restraint, seclusion or time 345
	429	+	outs, and their accounts of such events, and an explanation of the 346
	430	+	reasons for the use of such physical restraint, seclusion or time outs. 347
	431	+	(i) No school employee shall use a physical restraint on a student or 348
	432	+	place a student in seclusion unless such school employee has received 349
	433	+	training on the proper means for performing such physical restraint or 350
	434	+	seclusion pursuant to subsection (o) of this section. 351
	435	+	(j) [(1)] On and after July 1, [2016] 2023, each local or regional board 352
	436	+	of education, and each institution or facility operating under contract 353
	437	+	with a local or regional board of education pursuant to subsection (d) 354
	438	+	of section 10-76d that provides special education for children, 355
	439	+	including any approved private special education program, shall [(A)] 356
	440	+	(1) record each instance of the use of physical restraint, [or] seclusion 357
	441	+	or time out on a student, [(B)] (2) specify whether the use of seclusion 358
	442	+	was in accordance with an individualized education program, [(C)] (3) 359
	443	+	specify the nature of the emergency that necessitated the use of such 360
	444	+	physical restraint, [or] seclusion or time out, and [(D)] (4) include such 361
	445	+	information in an annual compilation on its use of such restraint, [and] 362
	446	+	seclusion and time out on students. Each local or regional board of 363
	447	+	education and such institutions or facilities operating under contract 364
	448	+	with a local or regional board of education pursuant to subsection (d) 365
	449	+	of section 10-76d that provides special education for children, 366
	450	+	including any approved private special education program shall 367
	451	+	provide such annual compilation to the Department of Education for 368
	452	+	the purposes of [the pilot program established pursuant to subdivision 369 Substitute Bill No. 1200
450	453
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456		-	subsection to examine] examining incidents of physical ~~restraint, [and] 367~~
457		-	seclusion and time outs in schools and to the State ~~Board of Education 368~~
458		-	for the purposes of subsection (k) of this section. ~~Local or regional 369~~
459		-	boards of education and such institutions and ~~facilities that provide 370~~
460		-	special education for children shall not be ~~required to report instances 371~~
461		-	of in-school suspensions, as defined in ~~subsection (c) of section 10-233a. 372~~
462		-	[(2) ~~The Department~~ of ~~Education shall establish a pilot program for 373~~
463		-	the ~~school year commencing July 1,~~ ~~2015. Such~~ pilot program ~~shall be 374~~
464		-	~~implemented in various districts~~, ~~including, but not limited to,~~ ~~an 375~~
465		-	~~alliance district~~, ~~a regional school district and a regional education 376~~
466		-	~~service center. Under the pilot program~~, ~~the Department of~~ Education ~~377~~
467		-	~~shall examine incidents~~ of ~~physical restraint and seclusion in schools 378~~
468		-	~~and~~ shall ~~compile~~ and ~~analyze data regarding such incidents to enable 379~~
469		-	~~the department~~ to ~~better understand and respond to incidents of 380~~
470		-	~~physical restraint~~ and ~~seclusion on students in the state.] 381~~
471		-	~~(k)~~ The State ~~Board of Education shall review the annual compilation 382~~
472		-	~~of each local or regional~~ board of education~~, and each institution or 383~~
473		-	~~facility operating under contract with a~~ local or regional board of ~~384~~
474		-	~~education pursuant to subsection (d) of section 10-76d~~ ~~that provides 385~~
475		-	~~special~~ education ~~for children,~~ ~~including any approved private special 386~~
476		-	education ~~program~~, ~~and shall produce an annual summary report 387~~
477		-	~~specifying (1) the frequency of use of physical restraint~~, ~~[or] seclusion or 388~~
478		-	~~time out on students,~~ (2) ~~whether any student subjected to such 389~~
479		-	restraint, [or] seclusion or time out ~~was a special education student~~, ~~390~~
480		-	~~[and] (3) if any~~ such ~~student~~ was a ~~special education student, whether 391~~
481		-	~~the use of~~ such ~~seclusion~~ was ~~in accordance with an individualized 392~~
482		-	education ~~program or~~ whether the use of such seclusion was ~~an 393~~
483		-	~~emergency intervention to prevent immediate~~ or ~~imminent injury to~~ the ~~394~~
484		-	~~student or to others, and (4) a disaggregation of the~~ use of ~~physical 395~~
485		-	~~restraint on various~~ student ~~demographic subgroups.~~ ~~Such report shall 396~~
486		-	~~be submitted not later than January 15,~~ ~~[2017] 2024,~~ ~~and annually 397~~
487		-	~~thereafter, to the joint standing committees of the General Assembly 398~~
488		-	~~having cognizance of matters relating~~ to ~~children and education for 399~~ Substitute Bill No. 1200
	459	+	(2) of this subsection to examine] examining incidents of physical 370
	460	+	restraint, [and] seclusion and time outs in schools and to the State 371
	461	+	Board of Education for the purposes of subsection (k) of this section. 372
	462	+	Local or regional boards of education and such institutions and 373
	463	+	facilities that provide special education for children shall not be 374
	464	+	required to report instances of in-school suspensions, as defined in 375
	465	+	subsection (c) of section 10-233a. 376
	466	+	[(2) The Department of Education shall establish a pilot program for 377
	467	+	the school year commencing July 1, 2015. Such pilot program shall be 378
	468	+	implemented in various districts, including, but not limited to, an 379
	469	+	alliance district, a regional school district and a regional education 380
	470	+	service center. Under the pilot program, the Department of Education 381
	471	+	shall examine incidents of physical restraint and seclusion in schools 382
	472	+	and shall compile and analyze data regarding such incidents to enable 383
	473	+	the department to better understand and respond to incidents of 384
	474	+	physical restraint and seclusion on students in the state.] 385
	475	+	(k) The State Board of Education shall review the annual 386
	476	+	compilation of each local or regional board of education, and each 387
	477	+	institution or facility operating under contract with a local or regional 388
	478	+	board of education pursuant to subsection (d) of section 10-76d that 389
	479	+	provides special education for children, including any approved 390
	480	+	private special education program, and shall produce an annual 391
	481	+	summary report specifying (1) the frequency of use of physical 392
	482	+	restraint, [or] seclusion or time out on students, (2) whether any 393
	483	+	student subjected to such restraint, [or] seclusion or time out was a 394
	484	+	special education student, [and] (3) if any such student was a special 395
	485	+	education student, whether the use of such seclusion was in 396
	486	+	accordance with an individualized education program or whether the 397
	487	+	use of such seclusion was an emergency intervention to prevent 398
	488	+	immediate or imminent injury to the student or to others, and (4) a 399
	489	+	disaggregation of the use of physical restraint on various student 400
	490	+	demographic subgroups. Such report shall be submitted not later than 401
	491	+	January 15, [2017] 2024, and annually thereafter, to the joint standing 402 Substitute Bill No. 1200
489	492
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495		-	~~inclusion in~~ the ~~annual report card prepared pursuant to section 2-53m. 400~~
496		-	~~(l) Any use of physical restraint,~~ ~~[or] seclusion or time out on a 401~~
497		-	~~student shall be documented in the student's educational record~~. ~~The 402~~
498		-	~~documentation shall include~~ (1) ~~the nature~~ of ~~the emergency and what 403~~
499		-	~~other steps,~~ ~~including attempts at verbal deescalation,~~ ~~were taken to 404~~
500		-	~~prevent~~ the emergency ~~from arising if there were indications that such 405~~
501		-	~~an emergency was likely~~ to ~~arise, and (2) a detailed description of the 406~~
502		-	~~nature of~~ the ~~restraint, [or] seclusion or time out,~~ ~~the duration of~~ such ~~407~~
503		-	~~restraint~~, ~~[or] seclusion or time out~~ and ~~the effect~~ of ~~such restraint,~~ ~~[or] 408~~
504		-	seclusion or time out on the ~~student's established educational plan.~~ ~~409~~
505		-	~~(m) Any student who is physically restrained shall be continually 410~~
506		-	~~monitored by a school employee~~. ~~Any student who is involuntarily 411~~
507		-	~~placed in seclusion~~ shall be ~~frequently monitored by a school 412~~
508		-	[employee~~] mental health specialist~~. ~~Each~~ student ~~so restrained or in 413~~
509		-	seclusion shall be ~~regularly evaluated~~ by a school ~~[employee] mental 414~~
510		-	health specialist ~~for indications of physical distress~~. ~~The school 415~~
511		-	[employee] mental ~~health specialist conducting the evaluation shall 416~~
512		-	~~enter each evaluation in~~ the ~~student's educational record. For purposes 417~~
513		-	~~of this subsection,~~ ~~"monitor" means (1) direct observation,~~ ~~or (2) 418~~
514		-	~~observation by way of video monitoring within physical proximity 419~~
515		-	~~sufficient to provide aid as may be needed.~~ ~~420~~
516		-	~~(n) If the use~~ of ~~such restraint,~~ ~~[or] seclusion or time out results in 421~~
517		-	~~physical injury~~ to ~~the student,~~ ~~the local or regional board of education, 422~~
518		-	~~and each institution~~ or ~~facility operating under contract with a local or 423~~
519		-	regional board of education ~~pursuant to subsection (d) of section 10-76d 424~~
520		-	~~that provides special education for children,~~ ~~including any approved 425~~
521		-	~~private special~~ education ~~program, shall report the incident~~ to ~~the State 426~~
522		-	~~Board of~~ Education, ~~which shall include such incident in the report 427~~
523		-	~~required pursuant to subsection (k) of this section.~~ The ~~State Board of 428~~
524		-	~~Education shall report any incidence of serious injury or death~~ to the ~~429~~
525		-	~~nonprofit entity designated by~~ the ~~Governor in accordance with section 430~~
526		-	~~46a-10b to serve as the Connecticut protection and advocacy system,~~ ~~as 431~~
527		-	~~required~~ by the ~~Developmental Disabilities Assistance and Bill of Rights 432~~ Substitute Bill No. 1200
	498	+	committees of the General Assembly having cognizance of matters 403
	499	+	relating to children and education for inclusion in the annual report 404
	500	+	card prepared pursuant to section 2-53m. 405
	501	+	(l) Any use of physical restraint, [or] seclusion or time out on a 406
	502	+	student shall be documented in the student's educational record. The 407
	503	+	documentation shall include (1) the nature of the emergency and what 408
	504	+	other steps, including attempts at verbal deescalation, were taken to 409
	505	+	prevent the emergency from arising if there were indications that such 410
	506	+	an emergency was likely to arise, and (2) a detailed description of the 411
	507	+	nature of the restraint, [or] seclusion or time out, the duration of such 412
	508	+	restraint, [or] seclusion or time out and the effect of such restraint, [or] 413
	509	+	seclusion or time out on the student's established educational plan. 414
	510	+	(m) Any student who is physically restrained shall be continually 415
	511	+	monitored by a school employee. Any student who is involuntarily 416
	512	+	placed in seclusion shall be frequently monitored by a school 417
	513	+	[employee] mental health specialist. Each student so restrained or in 418
	514	+	seclusion shall be regularly evaluated by a school [employee] mental 419
	515	+	health specialist for indications of physical distress. The school 420
	516	+	[employee] mental health specialist conducting the evaluation shall 421
	517	+	enter each evaluation in the student's educational record. For purposes 422
	518	+	of this subsection, "monitor" means (1) direct observation, or (2) 423
	519	+	observation by way of video monitoring within physical proximity 424
	520	+	sufficient to provide aid as may be needed. 425
	521	+	(n) If the use of such restraint, [or] seclusion or time out results in 426
	522	+	physical injury to the student, the local or regional board of education, 427
	523	+	and each institution or facility operating under contract with a local or 428
	524	+	regional board of education pursuant to subsection (d) of section 10-429
	525	+	76d that provides special education for children, including any 430
	526	+	approved private special education program, shall report the incident 431
	527	+	to the State Board of Education, which shall include such incident in 432
	528	+	the report required pursuant to subsection (k) of this section. The State 433
	529	+	Board of Education shall report any incidence of serious injury or 434
	530	+	death to the nonprofit entity designated by the Governor in accordance 435 Substitute Bill No. 1200
528	531
529	532
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533	536
534		-	Act of 2000, 42 USC 15041, et seq., as amended from time to time, and 433
535		-	any regulations promulgated thereunder, and as required by the 434
536		-	Protection and Advocacy for Individuals with Mental Illness Act, 42 435
537		-	USC 10801 et seq., as amended from time to time, and any regulations 436
538		-	promulgated thereunder, and, if appropriate, to the Child Advocate of 437
539		-	the Office of the Child Advocate. 438
540		-	(o) (1) Each local or regional board of education shall provide training 439
541		-	regarding the physical restraint and seclusion of students to the 440
542		-	members of the crisis intervention team for each school in the district, 441
543		-	identified pursuant to subdivision (2) of this subsection. A local or 442
544		-	regional board of education may provide such training to any teacher, 443
545		-	as defined in section 10-144d, administrator, as defined in section 10-444
546		-	144e, school paraprofessional, school mental health specialist or other 445
547		-	school employee, as defined in section 10-222d, designated by the school 446
548		-	principal and who has direct contact with students. Such training shall 447
549		-	be provided during the school year commencing July 1, [2017] 2023, and 448
550		-	each school year thereafter, and shall include, but not be limited to: 449
551		-	(A) An overview of the relevant laws and regulations regarding the 450
552		-	use of physical restraint and seclusion on students and the proper uses 451
553		-	of physical restraint and seclusion. For the school year commencing July 452
554		-	1, [2017] 2023, and annually thereafter, such overview shall be provided 453
555		-	by the Department of Education, in a manner and form as prescribed by 454
556		-	the Commissioner of Education; 455
557		-	(B) The creation of a plan by which each local and regional board of 456
558		-	education shall provide training regarding the prevention of incidents 457
559		-	requiring physical restraint or seclusion of students. Such plan shall be 458
560		-	implemented not later than July 1, [2018] 2023. The Department of 459
561		-	Education may, within available appropriations, provide ongoing 460
562		-	monitoring and support to local or regional boards of education 461
563		-	regarding the formulation and implementation of the plan; and 462
564		-	(C) The creation of a plan by which each local or regional board of 463
565		-	education shall provide training regarding the proper means of physical 464 Substitute Bill No. 1200
	537	+	with section 46a-10b to serve as the Connecticut protection and 436
	538	+	advocacy system, as required by the Developmental Disabilities 437
	539	+	Assistance and Bill of Rights Act of 2000, 42 USC 15041, et seq., as 438
	540	+	amended from time to time, and any regulations promulgated 439
	541	+	thereunder, and as required by the Protection and Advocacy for 440
	542	+	Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended 441
	543	+	from time to time, and any regulations promulgated thereunder, and, 442
	544	+	if appropriate, to the Child Advocate of the Office of the Child 443
	545	+	Advocate. 444
	546	+	(o) (1) Each local or regional board of education shall provide 445
	547	+	training regarding the physical restraint and seclusion of students to 446
	548	+	the members of the crisis intervention team for each school in the 447
	549	+	district, identified pursuant to subdivision (2) of this subsection. A 448
	550	+	local or regional board of education may provide such training to any 449
	551	+	teacher, as defined in section 10-144d, administrator, as defined in 450
	552	+	section 10-144e, school paraprofessional, school mental health 451
	553	+	specialist or other school employee, as defined in section 10-222d, 452
	554	+	designated by the school principal and who has direct contact with 453
	555	+	students. Such training shall be provided during the school year 454
	556	+	commencing July 1, [2017] 2023, and each school year thereafter, and 455
	557	+	shall include, but not be limited to: 456
	558	+	(A) An overview of the relevant laws and regulations regarding the 457
	559	+	use of physical restraint and seclusion on students and the proper uses 458
	560	+	of physical restraint and seclusion. For the school year commencing 459
	561	+	July 1, [2017] 2023, and annually thereafter, such overview shall be 460
	562	+	provided by the Department of Education, in a manner and form as 461
	563	+	prescribed by the Commissioner of Education; 462
	564	+	(B) The creation of a plan by which each local and regional board of 463
	565	+	education shall provide training regarding the prevention of incidents 464
	566	+	requiring physical restraint or seclusion of students. Such plan shall be 465
	567	+	implemented not later than July 1, [2018] 2023. The Department of 466
	568	+	Education may, within available appropriations, provide ongoing 467
	569	+	monitoring and support to local or regional boards of education 468 Substitute Bill No. 1200
566	570
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572		-	restraint or seclusion of a student, including, but not limited to, (i) 465
573		-	various types of physical restraint and seclusion; (ii) the differences 466
574		-	between life-threatening physical restraint and other varying levels of 467
575		-	physical restraint; (iii) the differences between permissible physical 468
576		-	restraint and pain compliance techniques; and (iv) monitoring methods 469
577		-	to prevent harm to a student who is physically restrained or in seclusion. 470
578		-	Such plan shall be implemented not later than July 1, [2018] 2023; 471
579		-	(2) For the school year commencing July 1, 2017, and each school year 472
580		-	thereafter, each local and regional board of education shall require each 473
581		-	school in the district to identify a crisis intervention team consisting of 474
582		-	any teacher, as defined in section 10-144d, administrator, as defined in 475
583		-	section 10-144e, school paraprofessional, school mental health specialist 476
584		-	or other school employee, as defined in section 10-222d, designated by 477
585		-	the school principal and who has direct contact with students. Such 478
586		-	teams shall respond to any incident in which the use of physical restraint 479
587		-	or seclusion may be necessary as an emergency intervention to prevent 480
588		-	immediate or imminent injury to a student or to others. Each member of 481
589		-	the crisis intervention team shall be recertified in the use of physical 482
590		-	restraint and seclusion pursuant to subparagraph (C) of subdivision (1) 483
591		-	of this subsection or chapter 814e on an annual basis. Each local and 484
592		-	regional board of education shall maintain a list of the members of the 485
593		-	crisis intervention team for each school. 486
594		-	(p) Each local or regional board of education shall develop policies 487
595		-	and procedures that establish monitoring and internal reporting of the 488
596		-	use of physical restraint, [and] seclusion and time outs on students and 489
597		-	shall make such policies and procedures available on such local or 490
598		-	regional board of education's Internet web site and in such local or 491
599		-	regional board of education's procedures manual. 492
600		-	(q) Nothing in this section shall be construed as limiting the justified 493
601		-	use of physical force by a local, state or federal law enforcement official 494
602		-	while in the performance of such official's duties. 495
603		-	(r) The State Board of Education shall adopt or revise regulations, in 496 Substitute Bill No. 1200
	576	+	regarding the formulation and implementation of the plan; and 469
	577	+	(C) The creation of a plan by which each local or regional board of 470
	578	+	education shall provide training regarding the proper means of 471
	579	+	physical restraint or seclusion of a student, including, but not limited 472
	580	+	to, (i) various types of physical restraint and seclusion; (ii) the 473
	581	+	differences between life-threatening physical restraint and other 474
	582	+	varying levels of physical restraint; (iii) the differences between 475
	583	+	permissible physical restraint and pain compliance techniques; and (iv) 476
	584	+	monitoring methods to prevent harm to a student who is physically 477
	585	+	restrained or in seclusion. Such plan shall be implemented not later 478
	586	+	than July 1, [2018] 2023; 479
	587	+	(2) For the school year commencing July 1, 2017, and each school 480
	588	+	year thereafter, each local and regional board of education shall 481
	589	+	require each school in the district to identify a crisis intervention team 482
	590	+	consisting of any teacher, as defined in section 10-144d, administrator, 483
	591	+	as defined in section 10-144e, school paraprofessional, school mental 484
	592	+	health specialist or other school employee, as defined in section 10-485
	593	+	222d, designated by the school principal and who has direct contact 486
	594	+	with students. Such teams shall respond to any incident in which the 487
	595	+	use of physical restraint or seclusion may be necessary as an 488
	596	+	emergency intervention to prevent immediate or imminent injury to a 489
	597	+	student or to others. Each member of the crisis intervention team shall 490
	598	+	be recertified in the use of physical restraint and seclusion pursuant to 491
	599	+	subparagraph (C) of subdivision (1) of this subsection or chapter 814e 492
	600	+	on an annual basis. Each local and regional board of education shall 493
	601	+	maintain a list of the members of the crisis intervention team for each 494
	602	+	school. 495
	603	+	(p) Each local or regional board of education shall develop policies 496
	604	+	and procedures that establish monitoring and internal reporting of the 497
	605	+	use of physical restraint, [and] seclusion and time outs on students and 498
	606	+	shall make such policies and procedures available on such local or 499
	607	+	regional board of education's Internet web site and in such local or 500
	608	+	regional board of education's procedures manual. 501 Substitute Bill No. 1200
604	609
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609	614
610		-	accordance with the provisions of chapter 54, concerning the use of 497
611		-	physical restraint and seclusion pursuant to this section. Not later than 498
612		-	sixty days after the adoption or revision of such regulations, each local 499
613		-	or regional board of education shall update any applicable policies and 500
614		-	procedures regarding the physical restraint and seclusion of students 501
615		-	and shall make such updated policies and procedures available in a 502
616		-	manner consistent with the provisions of subsection (p) of this section. 503
617		-	(s) Not later than January 1, [2019] 2024, each local or regional board 504
618		-	of education shall establish a policy regarding the use of [an 505
619		-	exclusionary time out] time outs. Such policy shall include, but need not 506
620		-	be limited to, a requirement that (1) [exclusionary] time outs are not to 507
621		-	be used as a form of discipline, (2) at least one school employee remain 508
622		-	with the student, or be immediately available to the student such that 509
623		-	the student and school employee are able to communicate verbally, 510
624		-	throughout the [exclusionary] time out, (3) the space used for [an 511
625		-	exclusionary] a time out is clean, safe, sanitary and appropriate for the 512
626		-	purpose of calming such student or deescalating such student's 513
627		-	behavior, (4) the [exclusionary] time out period terminate as soon as 514
628		-	possible, and (5) if such student is a child requiring special education, 515
629		-	as defined in section 10-76a, or a child being evaluated for special 516
630		-	education, pursuant to section 10-76d, as amended by this act, and 517
631		-	awaiting a determination, and the interventions or strategies are 518
632		-	unsuccessful in addressing such student's problematic behavior, such 519
633		-	student's planning and placement team shall convene as soon as is 520
634		-	practicable to determine alternative interventions or strategies. 521
635		-	Sec. 7. Section 19a-6u of the general statutes is repealed and the 522
636		-	following is substituted in lieu thereof (Effective July 1, 2023): 523
637		-	For the fiscal [year] years ending June 30, 2023, to July 1, 2025, 524
638		-	inclusive, the Department of Public Health shall administer a school-525
639		-	based health center expansion grant program to provide grants to 526
640		-	[certain] operators of school-based health centers for the expansion of 527
641		-	school-based health centers and services provided by such centers. [The 528
642		-	following operators of school-based health centers shall be eligible for a 529 Substitute Bill No. 1200
	615	+	(q) Nothing in this section shall be construed as limiting the justified 502
	616	+	use of physical force by a local, state or federal law enforcement official 503
	617	+	while in the performance of such official's duties. 504
	618	+	(r) The State Board of Education shall adopt or revise regulations, in 505
	619	+	accordance with the provisions of chapter 54, concerning the use of 506
	620	+	physical restraint and seclusion pursuant to this section. Not later than 507
	621	+	sixty days after the adoption or revision of such regulations, each local 508
	622	+	or regional board of education shall update any applicable policies and 509
	623	+	procedures regarding the physical restraint and seclusion of students 510
	624	+	and shall make such updated policies and procedures available in a 511
	625	+	manner consistent with the provisions of subsection (p) of this section. 512
	626	+	(s) Not later than January 1, [2019] 2024, each local or regional board 513
	627	+	of education shall establish a policy regarding the use of [an 514
	628	+	exclusionary time out] time outs. Such policy shall include, but need 515
	629	+	not be limited to, a requirement that (1) [exclusionary] time outs are 516
	630	+	not to be used as a form of discipline, (2) at least one school employee 517
	631	+	remain with the student, or be immediately available to the student 518
	632	+	such that the student and school employee are able to communicate 519
	633	+	verbally, throughout the [exclusionary] time out, (3) the space used for 520
	634	+	[an exclusionary] a time out is clean, safe, sanitary and appropriate for 521
	635	+	the purpose of calming such student or deescalating such student's 522
	636	+	behavior, (4) the [exclusionary] time out period terminate as soon as 523
	637	+	possible, and (5) if such student is a child requiring special education, 524
	638	+	as defined in section 10-76a, or a child being evaluated for special 525
	639	+	education, pursuant to section 10-76d, as amended by this act, and 526
	640	+	awaiting a determination, and the interventions or strategies are 527
	641	+	unsuccessful in addressing such student's problematic behavior, such 528
	642	+	student's planning and placement team shall convene as soon as is 529
	643	+	practicable to determine alternative interventions or strategies. 530
	644	+	Sec. 7. Section 19a-6u of the general statutes is repealed and the 531
	645	+	following is substituted in lieu thereof (Effective July 1, 2023): 532
	646	+	For the fiscal [year] years ending June 30, 2023, to July 1, 2025, 533 Substitute Bill No. 1200
643	647
644	648
645	649		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01200-
646		-	~~R02~~-SB.docx }
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	650	+	R01-SB.docx }
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648	652
649		-	~~grant under this section: (1)~~ The ~~operator~~ of a school-~~based health center 530~~
650		-	~~for any of the thirty-six recommended sites for expanded mental~~ health ~~531~~
651		-	~~services contained in the final report~~ of ~~the~~ School-Based Health ~~Center 532~~
652		-	~~Expansion Working Group,~~ ~~established pursuant to section 16 of public 533~~
653		-	~~act 21-35, and (2)~~ the ~~operator~~ of a school-based health ~~center for any of 534~~
654		-	~~the one hundred twenty-four recommended schools~~ for ~~expanded 535~~
655		-	~~school-~~based health center ~~medical and mental health services 536~~
656		-	contained in the final report of the ~~School-Based Health Center 537~~
657		-	Expansion Working Group, established ~~pursuant to section 16 of public 538~~
658		-	act 21-35.] The ~~department shall give priority to awarding~~ a ~~grant to 539~~
659		-	~~those operators of a~~ school-based health center ~~that will provide services 540~~
660		-	~~after regular~~ school ~~hours.~~ ~~Each such operator shall submit, in 541~~
661		-	~~collaboration with~~ the ~~local or regional board~~ of ~~education for~~ the ~~school 542~~
662		-	~~district in which the~~ school-based health center ~~is located~~, ~~an application 543~~
663		-	~~for a grant under this~~ section ~~at such time and in such manner as 544~~
664		-	~~prescribed by the department.~~ ~~545~~
665		-	~~Sec. 8.~~ ~~(NEW) (Effective~~ ~~July 1, 2023) On and~~ after ~~July 1,~~ ~~2023, the 546~~
666		-	~~Department of Education~~ shall ~~make available on~~ the ~~department's 547~~
667		-	~~Internet web site all documents relating to~~ the ~~decisions of a due process 548~~
668		-	~~hearing required~~ under ~~34 CFR 300.500 to 300.537, as amended from 549~~
669		-	time ~~to time,~~ and ~~any corrective actions taken~~ by the department ~~in 550~~
670		-	~~response to a complaint~~, ~~pursuant to 34 CFR 300.151 to 300.153~~, ~~as 551~~
671		-	~~amended from time to time,~~ ~~regarding~~ the ~~provision of special 552~~
672		-	~~education and related services by~~ a ~~local or regional board of education 553~~
673		-	~~or other entity responsible for the provision of special education and 554~~
674		-	~~related services~~ to ~~a student.~~ The department ~~shall redact any personally 555~~
675		-	~~identifiable information of~~ a ~~student prior~~ to ~~making such decisions and 556~~
676		-	~~documents available.~~ ~~557~~
677		-	~~Sec. 9.~~ ~~Subsection (i)~~ of ~~section 10-76d of the general statutes is 558~~
678		-	~~repealed and~~ the ~~following is substituted in lieu thereof (Effective July 1, 559~~
679		-	~~2023): 560~~
680		-	~~(i) (1) No local or regional board~~ of ~~education shall discipline,~~ ~~561~~
681		-	~~suspend, terminate or otherwise punish any member of a planning~~ and ~~562~~ Substitute Bill No. 1200
	653	+	inclusive, the Department of Public Health shall administer a school-534
	654	+	based health center expansion grant program to provide grants to 535
	655	+	[certain] operators of school-based health centers for the expansion of 536
	656	+	school-based health centers and services provided by such centers. 537
	657	+	[The following operators of school-based health centers shall be 538
	658	+	eligible for a grant under this section: (1) The operator of a school-539
	659	+	based health center for any of the thirty-six recommended sites for 540
	660	+	expanded mental health services contained in the final report of the 541
	661	+	School-Based Health Center Expansion Working Group, established 542
	662	+	pursuant to section 16 of public act 21-35, and (2) the operator of a 543
	663	+	school-based health center for any of the one hundred twenty-four 544
	664	+	recommended schools for expanded school-based health center 545
	665	+	medical and mental health services contained in the final report of the 546
	666	+	School-Based Health Center Expansion Working Group, established 547
	667	+	pursuant to section 16 of public act 21-35.] The department shall give 548
	668	+	priority to awarding a grant to those operators of a school-based health 549
	669	+	center that will provide services after regular school hours. Each such 550
	670	+	operator shall submit, in collaboration with the local or regional board 551
	671	+	of education for the school district in which the school-based health 552
	672	+	center is located, an application for a grant under this section at such 553
	673	+	time and in such manner as prescribed by the department. 554
	674	+	Sec. 8. (NEW) (Effective July 1, 2023) On and after July 1, 2023, the 555
	675	+	Department of Education shall make available on the department's 556
	676	+	Internet web site all documents relating to the decisions of a due 557
	677	+	process hearing required under 34 CFR 300.500 to 300.537, as amended 558
	678	+	from time to time, and any corrective actions taken by the department 559
	679	+	in response to a complaint, pursuant to 34 CFR 300.151 to 300.153, as 560
	680	+	amended from time to time, regarding the provision of special 561
	681	+	education and related services by a local or regional board of 562
	682	+	education or other entity responsible for the provision of special 563
	683	+	education and related services to a student. The department shall 564
	684	+	redact any personally identifiable information of a student prior to 565
	685	+	making such decisions and documents available. 566 Substitute Bill No. 1200
682	686
683	687
684	688		LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-01200-
685		-	~~R02~~-SB.docx }
686		-	19 of 19
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687	691
688		-	placement team employed by such board who discusses or makes 563
689		-	recommendations concerning the provision of special education and 564
690		-	related services for a child during a planning and placement team 565
691		-	meeting for such child. 566
692		-	(2) No birth-to-three service coordinator or qualified personnel, as 567
693		-	those terms are defined in section 17a-248, who discusses or makes 568
694		-	recommendations concerning the provision of special education and 569
695		-	related services for a child during a planning and placement team 570
696		-	meeting for such child or in a transition plan, as required by section 17a-571
697		-	248e, shall be subject to discipline, suspension, termination or other 572
698		-	punishment on the basis of such recommendations. 573
699		-	(3) No local or regional board of education shall discipline, suspend, 574
700		-	terminate or otherwise punish any school employee, as defined in 575
701		-	section 10-222d, who discusses or makes recommendations concerning 576
702		-	the provision of services or accommodations for a student as part of a 577
703		-	plan pursuant to Section 504 of the Rehabilitation Act of 1973, as 578
704		-	amended from time to time. 579
	692	+	Sec. 9. Subsection (i) of section 10-76d of the general statutes is 567
	693	+	repealed and the following is substituted in lieu thereof (Effective July 568
	694	+	1, 2023): 569
	695	+	(i) (1) No local or regional board of education shall discipline, 570
	696	+	suspend, terminate or otherwise punish any member of a planning and 571
	697	+	placement team employed by such board who discusses or makes 572
	698	+	recommendations concerning the provision of special education and 573
	699	+	related services for a child during a planning and placement team 574
	700	+	meeting for such child. 575
	701	+	(2) No birth-to-three service coordinator or qualified personnel, as 576
	702	+	those terms are defined in section 17a-248, who discusses or makes 577
	703	+	recommendations concerning the provision of special education and 578
	704	+	related services for a child during a planning and placement team 579
	705	+	meeting for such child or in a transition plan, as required by section 580
	706	+	17a-248e, shall be subject to discipline, suspension, termination or 581
	707	+	other punishment on the basis of such recommendations. 582
	708	+	(3) No local or regional board of education shall discipline, suspend, 583
	709	+	terminate or otherwise punish any school employee, as defined in 584
	710	+	section 10-222d, who discusses or makes recommendations concerning 585
	711	+	the provision of services or accommodations for a student as part of a 586
	712	+	plan pursuant to Section 504 of the Rehabilitation Act of 1973, as 587
	713	+	amended from time to time. 588
705	714		This act shall take effect as follows and shall amend the following
706	715		sections:
707	716
708	717		Section 1 from passage New section
709	718		Sec. 2 July 1, 2023 10-4w
710	719		Sec. 3 from passage PA 21-95, Sec. 3
711	720		Sec. 4 July 1, 2023 10-76d(a)(10)(C)
712	721		Sec. 5 July 1, 2023 10-66bb(j)
713	722		Sec. 6 July 1, 2023 10-236b
714	723		Sec. 7 July 1, 2023 19a-6u
715		-	Sec. 8 July 1, 2023 New section
	724	+	Sec. 8 July 1, 2023 New section Substitute Bill No. 1200
	725	+
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	730	+
716	731		Sec. 9 July 1, 2023 10-76d(i)
717	732
718	733		ED Joint Favorable Subst.
719		-	APP Joint Favorable
720	734