Connecticut 2024 Regular Session

Connecticut House Bill HB05182 Latest Draft

Bill / Chaptered Version Filed 05/14/2024

                             
 
 
Substitute House Bill No. 5182 
 
Public Act No. 24-29 
 
 
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' 
RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE 
EDUCATION AND EARLY CHILDHOOD STATUTES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 10-4a of the 2024 supplement to the general statutes 
is repealed and the following is substituted in lieu thereof (Effective from 
passage): 
For purposes of sections 10-4, 10-4b and 10-220, and subdivision (1) 
of subsection (b) of section 10-66dd, the educational interests of the state 
shall include, but not be limited to, the concern of the state that (1) each 
child shall have for the period prescribed in the general statutes equal 
opportunity to receive a suitable program of educational experiences; 
(2) each school district shall finance at a reasonable level and at least, as 
appropriate, equal to the minimum budget requirement pursuant to the 
provisions of section 10-262j, an educational program designed to 
achieve this end; (3) in order to reduce racial, ethnic and economic 
isolation, each school district shall provide educational opportunities 
for its students to interact with students and teachers from other racial, 
ethnic [,] and economic backgrounds and may provide such 
opportunities with students from other communities; and (4) the 
mandates in the general statutes pertaining to education within the  Substitute House Bill No. 5182 
 
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jurisdiction of the State Board of Education be implemented. 
Sec. 2. Subsection (b) of section 10-144d of the 2024 supplement to the 
general statutes is repealed and the following is substituted in lieu 
thereof (Effective from passage): 
(b) There is established the Connecticut Advisory Council for Teacher 
Professional Standards. The council shall be composed of nineteen 
members as follows: (1) The Governor shall appoint one public member 
who shall represent business and industry; the State Board of Education 
shall appoint two members, both of whom shall be a member of the 
faculty or administration of a State Board of Education approved 
teacher preparation program; the president pro tempore of the Senate 
shall appoint one member who shall be a school administrator 
employed by a local or regional board of education; the speaker of the 
House of Representatives shall appoint one member who shall be a 
parent or guardian of a child attending a public elementary or 
secondary school; the majority leader of the Senate shall appoint one 
member who shall be a member of a local or regional board of 
education; the majority leader of the House of Representatives shall 
appoint one member who shall be a school superintendent; the minority 
leader of the Senate shall appoint one member who shall be a parent of 
a child attending a secondary school; the minority leader of the House 
of Representatives shall appoint one member who shall be a 
superintendent for a regional school district; the Connecticut Education 
Association shall appoint four members who shall be classroom 
teachers at the time of their appointment and during the term of their 
membership on the council, two of whom shall be elementary school 
teachers, one of whom shall be a special education teacher and one of 
whom shall be a secondary school teacher; and the American Federation 
of Teachers-Connecticut shall appoint four members who shall be 
classroom teachers at the time of their appointment and during the term 
of their membership on the council, two of whom shall be secondary  Substitute House Bill No. 5182 
 
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school [teacher] teachers, one of whom shall be an elementary school 
teacher and one of whom shall be a special education teacher; and (2) 
the Teacher of the Year for the prior year and the current Teacher of the 
Year. All appointments shall be made and the names of the persons 
appointed shall be submitted to the Commissioner of Education not 
later than October 1, 1990. 
Sec. 3. Subsection (d) of section 10-215m of the 2024 supplement to 
the general statutes is repealed and the following is substituted in lieu 
thereof (Effective from passage): 
(d) Any locally sourced food or regionally sourced food for which an 
eligible board of education seeks reimbursement payments under this 
section [,] shall comply with the nutrition standards established by the 
department pursuant to section 10-215e. 
Sec. 4. Subsection (b) of section 10-264o of the 2024 supplement to the 
general statutes is repealed and the following is substituted in lieu 
thereof (Effective from passage): 
(b) For the fiscal year ending June 30, 2013, and each fiscal year 
thereafter, any tuition charged to a local or regional board of education 
by a regional educational service center operating an interdistrict 
magnet school assisting the state in meeting its obligations pursuant to 
the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related 
stipulation or order in effect, as determined by the Commissioner of 
Education, for any student enrolled in kindergarten to grade twelve, 
inclusive, in such interdistrict magnet school shall be in an amount equal 
to the difference between (1) the average per pupil expenditure of the 
magnet school for the prior fiscal year, and (2) the amount of any per 
pupil state subsidy calculated under subsection (c) of section 10-264l, 
plus any revenue from other sources calculated on a per pupil basis, 
except for the fiscal year ending June 30, 2025, and each fiscal year 
thereafter, the per student tuition charged to a local or regional board of  Substitute House Bill No. 5182 
 
Public Act No. 24-29 	4 of 10 
 
education shall not exceed fifty-eight per cent of the per student tuition 
charged during the fiscal year ending June 30, 2024. If any such board 
of education fails to pay such tuition, the commissioner may withhold 
from such board's town or towns a sum payable under section 10-262i 
in an amount not to exceed the amount of the unpaid tuition to the 
magnet school and pay such money to the fiscal agent for the magnet 
school as a supplementary grant for the operation of the interdistrict 
magnet school program. In no case shall the sum of such tuitions exceed 
the difference between (A) the total expenditures of the magnet school 
for the prior fiscal year, and (B) the total per pupil state subsidy 
calculated under subsection (c) of section 10-264l, plus any revenue from 
other sources. The commissioner may conduct a comprehensive review 
of the operating budget of a magnet school to verify such tuition rate. 
Sec. 5. Subsection (a) of section 3-123l of the 2024 supplement to the 
general statutes is repealed and the following is substituted in lieu 
thereof (Effective from passage): 
(a) As used in this section: 
(1) "Actuarial value" means the level of coverage provided by a health 
benefit plan as a percentage of the full actuarial value of the benefits 
provided under such plan; 
(2) "Eligible paraeducator" means a paraeducator who (A) is 
employed by a local or regional board of education, (B) is ineligible for 
(i) the Covered Connecticut program, established under section 19a-
754c, or (ii) Medicaid, and (C) does not have access to coverage under a 
health benefit plan that is available [(i) through the employer of] 
through an employer of (i) such paraeducator's spouse and has an 
actuarial value of at least seventy-five per cent, or (ii) [available through 
an employer of] such paraeducator and has an actuarial value that is 
equivalent to the actuarial value of a qualified health plan that is offered 
through the Connecticut Health Insurance Exchange at a silver level of  Substitute House Bill No. 5182 
 
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coverage through any employer; 
(3) "Health benefit plan" has the same meaning as provided in section 
38a-1080; 
(4) "Qualified health plan" has the same meaning as provided in 
section 38a-1080; and 
(5) "Silver level of coverage" has the same meaning as provided in 42 
USC 18022(d), as amended from time to time. 
Sec. 6. Section 10-74v of the 2024 supplement to the general statutes 
is repealed and the following is substituted in lieu thereof (Effective from 
passage): 
Not later than January 1, 2024, the Department of Education shall 
develop an informational handout for students that explains what it 
means for a student to have an individualized education program or a 
plan pursuant to Section 504 of the Rehabilitation Act of 1973, as 
amended from time to time, including what rights such student is 
entitled to in the classroom under such program or plan. Such handout 
shall (1) be age-appropriate, (2) be prepared separately for students in 
grades (A) kindergarten to four, inclusive, (B) five to eight, inclusive, 
and (C) nine to twelve, inclusive, (3) be translated into multiple 
languages, including English, Spanish, Portuguese, French and Polish, 
and (4) include a glossary of the most common tools used in the 
implementation of such program or plan. The department shall make 
such handout available to local and regional boards of education and 
post such handout [available] on the department's Internet web site. 
Sec. 7. Subparagraph (A) of subdivision (9) of subsection (a) of section 
10-76d of the 2024 supplement to the general statutes is repealed and the 
following is substituted in lieu thereof (Effective from passage): 
(9) (A) The planning and placement team shall, in accordance with  Substitute House Bill No. 5182 
 
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the provisions of the Individuals [With] with Disabilities Education Act, 
20 USC 1400, et seq., as amended from time to time, develop and include 
a statement of transition service needs in the individualized education 
program for each child requiring special education, beginning not later 
than the first individualized education program to be in effect when 
such child becomes fourteen years of age, or younger if the planning 
and placement team determines it is appropriate. Such individualized 
education program shall include (i) appropriate measurable 
postsecondary goals based upon age -appropriate transition 
assessments related to training, education, employment and, where 
appropriate, independent living skills; and (ii) the transition services, 
including courses of study, needed to assist such child in reaching those 
goals. Such individualized education program shall be updated 
annually thereafter in accordance with the provisions of this 
subdivision. Nothing in this subdivision shall be construed as requiring 
the Department of Aging and Disability Services to lower the age of 
transitional services for a child with disabilities from sixteen to fourteen 
years of age. 
Sec. 8. Subparagraph (D) of subdivision (10) of subsection (a) of 
section 10-76d of the 2024 supplement to the general statutes is repealed 
and the following is substituted in lieu thereof (Effective from passage): 
(D) Immediately upon the formal identification of any child as a child 
requiring special education and at each planning and placement team 
meeting for such child, the responsible local or regional board of 
education shall inform the parent or guardian of such child or surrogate 
parent or, in the case of a pupil who is an emancipated minor or eighteen 
years of age or older, the pupil of (i) the laws relating to special 
education, (ii) the rights of such parent, guardian, surrogate parent or 
pupil under such laws and the regulations adopted by the State Board 
of Education relating to special education, including the right of a 
parent, guardian or surrogate parent to (I) withhold from enrolling such  Substitute House Bill No. 5182 
 
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child in kindergarten, in accordance with the provisions of section 10-
184, (II) have advisors and the school paraprofessional assigned to such 
child or pupil attend and participate in all portions of such meeting at 
which an educational program for such child or pupil is developed, 
reviewed or revised, in accordance with the provisions of subparagraph 
(C) of this subdivision, (III) obtain the plain language resources 
available on the Department of Education's Internet web site pursuant 
to subsection (g) of section 10-76h explaining the hearing and appeals 
process, as provided in section 10-76h, available to such child or pupil if 
there is a disagreement about the individualized education program, 
identification, evaluation or educational placement of or the provision 
of a free appropriate public education to such child or pupil, and (IV) 
receive information regarding free and low-cost legal assistance, and 
(iii) any relevant information and resources relating to individualized 
education programs created by the Department of Education, including, 
but not limited to, information relating to transition resources and 
services for high school students and the Parent's Guide to Special 
Education in Connecticut developed by the department. If such parent, 
guardian, surrogate parent or pupil does not attend a planning and 
placement team meeting, the responsible local or regional board of 
education shall mail such information to such person. Each responsible 
local or regional board of education shall provide a child or pupil's 
individualized education program, any documents relating to such 
program and all the information required pursuant to this 
subparagraph translated into the primary language spoken by such 
parent, guardian, surrogate parent or pupil if there is an apparent need 
or upon the request of the parent, guardian, surrogate parent or pupil. 
Sec. 9. Subsection (b) of section 10-76ll of the 2024 supplement to the 
general statutes is repealed and the following is substituted in lieu 
thereof (Effective from passage): 
(b) On or before July 1, 2015, the State Board of Education shall draft  Substitute House Bill No. 5182 
 
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a written bill of rights for parents of children receiving special education 
services to guarantee that the rights of such parents and children are 
adequately safeguarded and protected during the provision of special 
education and related services until such children have graduated from 
high school or at the end of the school year during which such children 
[reaches] reach age twenty-two, whichever occurs first, under this 
chapter. Such bill of rights shall inform parents of: (1) The right to 
request consideration of the provision of transition services for a child 
receiving special education services who is eighteen years of age until 
such child has graduated from high school or at the end of the school 
year during which such child reaches age twenty-two, whichever occurs 
first, (2) the right to receive transition resources and materials from the 
department and the local or regional board of education responsible for 
such child, (3) the requirement that the local or regional board of 
education responsible for such child shall create a student success plan 
for each student enrolled in a public school, beginning in grade six, 
pursuant to subsection (l) of section 10-221a, and (4) the right of such 
child to receive realistic and specific postgraduation goals as part of 
such child's individualized education program. 
Sec. 10. Subdivision (10) of section 10-222aa of the 2024 supplement 
to the general statutes is repealed and the following is substituted in lieu 
thereof (Effective from passage): 
(10) "School climate improvement plan" means a building-specific 
plan developed by the school climate committee, in collaboration with 
the school climate specialist, using school climate survey data and any 
other relevant information, through a process that engages all members 
of the school community and involves such members in a series of 
overlapping systemic improvements, school-wide instructional 
practices and relational practices that prevent, identify and respond to 
challenging behavior, including, but not limited to, alleged bullying and 
harassment in the school environment.  Substitute House Bill No. 5182 
 
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Sec. 11. Section 10-222dd of the 2024 supplement to the general 
statutes is repealed and the following is substituted in lieu thereof 
(Effective from passage): 
For the school year commencing July 1, 2025, and each school year 
thereafter, the superintendent of schools for each school district, or an 
administrator appointed by the superintendent, shall serve as the school 
climate coordinator for the school district. The school climate 
coordinator shall be responsible for (1) providing district-level 
leadership and support for the implementation of the school climate 
improvement plan for each school, developed pursuant to section 10-
222hh, as amended by this act, (2) collaborating with the school climate 
specialist, as described in section 10-222ee, for each school to (A) 
develop a continuum of strategies to prevent, identify and respond to 
challenging behavior, including, but not limited to, alleged bullying and 
harassment in the school environment, and (B) communicate such 
strategies to the school community, including, but not limited to, 
through publication in the district student handbook, (3) collecting and 
maintaining data regarding school climate improvement, including, but 
not limited to, school discipline records, school climate assessments, 
attendance rates, social and emotional learning assessments, academic 
growth data, types of bullying complaints submitted by members of the 
school community, types of challenging behavior addressed using the 
restorative practices response policy, adopted pursuant to section 10-
222jj, as amended by this act, and data concerning the implementation 
of restorative practices, and (4) meeting with the school climate 
specialist for each school at least twice during the school year to (A) 
identify strategies to improve school climate, including, but not limited 
to, by responding to challenging behavior and implementing evidence 
and research-based interventions, such as restorative practices, (B) 
propose recommendations for revisions to the school climate 
improvement plan, and (C) assist with the completion of the school 
climate survey.  Substitute House Bill No. 5182 
 
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Sec. 12. Subdivision (9) of subsection (b) of section 10-222hh of the 
2024 supplement to the general statutes is repealed and the following is 
substituted in lieu thereof (Effective from passage): 
(9) For incidents of challenging behavior, as described in subdivision 
(6) of this subsection, (A) a requirement for a meeting between an 
administrator and the school employee who [witness] witnesses such 
incident, not later than two days after the date such incident occurred, 
to determine the supports and interventions required to address the 
needs of students and school employees, provided the supports and 
interventions for any student who receives special education shall be 
determined by the planning and placement team for such student and 
notice of such incident shall be submitted to the planning and placement 
team not later than two days after the date such incident occurred, and 
(B) a process by which a teacher may request a behavior intervention 
meeting pursuant to section 10-236c. 
Sec. 13. Section 10-222jj of the 2024 supplement to the general statutes 
is repealed and the following is substituted in lieu thereof (Effective from 
passage): 
For the school year commencing July 1, 2025, and each school year 
thereafter, each local and regional board of education shall adopt a 
restorative practices response policy to be implemented by school 
employees for incidents of challenging behavior or student conflict that 
is nonviolent and does not constitute a crime. Such policy shall not 
include the involvement of a school resource [office] officer or other law 
enforcement official, unless such challenging behavior or conflict 
escalates to violence or constitutes a crime.