Connecticut 2025 Regular Session

Connecticut House Bill HB07219 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 13
	3	+	LCO No. 6264 1 of 17
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7219
	5	+	General Assembly Raised Bill No. 7219
6	6		January Session, 2025
	7	+	LCO No. 6264
7	8
	9	+
	10	+	Referred to Committee on EDUCATION
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ED)
8	15
9	16
10	17
11	18
12	19		AN ACT PROTECTING 504 PLAN ACCOMMODATIONS FOR
13	20		STUDENTS IN CONNECTICUT.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. (NEW) (Effective from passage) (a) As used in this section and 1
18	25		section 2 of this act: 2
19	26		(1) "Program or activity" means all of the operations of a local or 3
20		-	regional board of education. 4
21		-	(2) "Facility" means all or any portion of buildings, structures, 5
22		-	equipment, roads, walks, parking lots or other real or personal property 6
23		-	or interest in such property. 7
24		-	(3) "Student with a disability" means any student who (A) has a 8
25		-	physical or mental impairment that substantially limits one or more 9
26		-	major life activities, (B) has a record of such an impairment, or (C) is 10
27		-	regarded as having such an impairment. 11
28		-	(4) "Physical or mental impairment" means (A) any physiological 12
29		-	disorder or condition, cosmetic disfigurement or anatomical loss 13
30		-	affecting one or more of the following body systems: (i) Neurological, 14
31		-	(ii) musculoskeletal, (iii) special sense organs, (iv) respiratory, including 15
32		-	speech organs, (v) cardiovascular, (vi) reproductive, (vii) digestive, (viii) 16
33		-	genito-urinary, (ix) hemic, (x) lymphatic, (xi) skin, and (xii) endocrine, 17 Substitute Bill No. 7219
	27	+	regional board of education, the Technical Education and Career 4
	28	+	System, the Department of Education, the Office of Early Childhood or 5
	29	+	other instrumentality of the state or of a local government. 6
	30	+	(2) "Facility" means all or any portion of buildings, structures, 7
	31	+	equipment, roads, walks, parking lots or other real or personal property 8
	32	+	or interest in such property. 9
	33	+	(3) "Handicapped student" means any student who (A) has a physical 10
	34	+	or mental impairment that substantially limits one or more major life 11
	35	+	activities, (B) has a record of such an impairment, or (C) is regarded as 12
	36	+	having such an impairment. 13
	37	+	Raised Bill No. 7219
34	38
35	39
36		-	LCO 2 of 13
37	40
38		-	or (B) any mental or psychological disorder, such as intellectual 18
39		-	disability, organic brain syndrome, emotional or mental illness and 19
40		-	specific learning disabilities. 20
41		-	(5) "Major life activities" means functions such as caring for one's self, 21
42		-	performing manual tasks, walking, seeing, hearing, speaking, 22
43		-	breathing, learning and working. 23
44		-	(6) "Has a record of such an impairment" means has a history of, or 24
45		-	has been misclassified as having, a mental or physical impairment that 25
46		-	substantially limits one or more major life activities. 26
47		-	(7) "Is regarded as having an impairment" means (A) has a physical 27
48		-	or mental impairment that does not substantially limit major life 28
49		-	activities but that is treated by a local or regional board of education as 29
50		-	constituting such a limitation, (B) has a physical or mental impairment 30
51		-	that substantially limits major life activities only as a result of the 31
52		-	attitudes of others toward such impairment, or (C) has none of the 32
53		-	impairments described in subdivision (4) of this subsection but is 33
54		-	treated by a local or regional board of education as having such an 34
55		-	impairment. 35
56		-	(8) "Qualified student with a disability" means, with respect to public 36
57		-	preschool, elementary, secondary or adult educational services, a 37
58		-	student with a disability (A) of an age during which students who are 38
59		-	not disabled are provided such services, (B) of any age during which it 39
60		-	is mandatory under state law to provide such services to students with 40
61		-	a disability, or (C) to whom the state is required to provide a free 41
62		-	appropriate public education under Section 612 of the Individuals with 42
63		-	Disabilities Education Act, 20 USC 1419, as amended from time to time. 43
64		-	(9) "Disability" means any condition or characteristic that renders a 44
65		-	student a student with a disability. 45
66		-	(b) No qualified student with a disability shall, solely by reason of 46
67		-	such qualified student's disability, be excluded from the participation 47
68		-	in, be denied the benefits of or be subjected to discrimination under any 48 Substitute Bill No. 7219
	41	+	LCO No. 6264 2 of 17
	42	+
	43	+	(4) "Physical or mental impairment" means (A) any physiological 14
	44	+	disorder or condition, cosmetic disfigurement or anatomical loss 15
	45	+	affecting one or more of the following body systems: (i) Neurological, 16
	46	+	(ii) musculoskeletal, (iii) special sense organs, (iv) respiratory, including 17
	47	+	speech organs, (v) cardiovascular, (vi) reproductive, (vii) digestive, (viii) 18
	48	+	genito-urinary, (ix) hemic, (x) lymphatic, (xi) skin, and (xii) endocrine, 19
	49	+	or (B) any mental or psychological disorder, such as intellectual 20
	50	+	disability, organic brain syndrome, emotional or mental illness and 21
	51	+	specific learning disabilities. 22
	52	+	(5) "Major life activities" means functions such as caring for one's self, 23
	53	+	performing manual tasks, walking, seeing, hearing, speaking, 24
	54	+	breathing, learning and working. 25
	55	+	(6) "Has a record of such an impairment" means has a history of, or 26
	56	+	has been misclassified as having, a mental or physical impairment that 27
	57	+	substantially limits one or more major life activities. 28
	58	+	(7) "Is regarded as having an impairment" means (A) has a physical 29
	59	+	or mental impairment that does not substantially limit major life 30
	60	+	activities but that is treated by a local or regional board of education, the 31
	61	+	Technical Education and Career System, the Department of Education 32
	62	+	or the Office of Early Childhood as constituting such a limitation, (B) 33
	63	+	has a physical or mental impairment that substantially limits major life 34
	64	+	activities only as a result of the attitudes of others toward such 35
	65	+	impairment, or (C) has none of the impairments described in 36
	66	+	subdivision (4) of this subsection but is treated by a local or regional 37
	67	+	board of education, the Technical Education and Career System, the 38
	68	+	Department of Education or the Office of Early Childhood as having 39
	69	+	such an impairment. 40
	70	+	(8) "Qualified handicapped student" means, with respect to public 41
	71	+	preschool, elementary, secondary or adult educational services, a 42
	72	+	handicapped student (A) of an age during which nonhandicapped 43
	73	+	persons are provided such services, (B) of any age during which it is 44
	74	+	Raised Bill No. 7219
69	75
70	76
71		-	LCO 3 of 13
72	77
73		-	program or activity provided by a local or regional board of education. 49
74		-	The State Board of Education may adopt regulations, in accordance with 50
75		-	the provisions of chapter 54 of the general statutes, as may be necessary 51
76		-	to carry out the provisions of this section and section 2 of this act. 52
77		-	(c) (1) No qualified student with a disability shall, on the basis of 53
78		-	disability, be excluded from participation in, be denied the benefits of 54
79		-	or otherwise be subjected to discrimination under any program or 55
80		-	activity. 56
81		-	(2) (A) A local or regional board of education, in providing any aid, 57
82		-	benefit or service, may not, directly or through contractual, licensing or 58
83		-	other arrangements, on the basis of disability: 59
84		-	(i) Deny a qualified student with a disability the opportunity to 60
85		-	participate in or benefit from the aid, benefit or service; 61
86		-	(ii) Afford a qualified student with a disability an opportunity to 62
87		-	participate in or benefit from the aid, benefit or service that is not equal 63
88		-	to that afforded to students who do not have a disability; 64
89		-	(iii) Provide a qualified student with a disability with an aid, benefit 65
90		-	or service that is not as effective as that provided to students who do not 66
91		-	have a disability; 67
92		-	(iv) Provide different or separate aid, benefits or services to qualified 68
93		-	students with a disability or to any class of qualified students with a 69
94		-	disability unless such action is necessary to provide qualified students 70
95		-	with a disability with aid, benefits or services that are as effective as 71
96		-	those provided to students who do not have a disability; 72
97		-	(v) Aid or perpetuate discrimination against a qualified student with 73
98		-	a disability by providing significant assistance to an agency, 74
99		-	organization or person that discriminates on the basis of disability in 75
100		-	providing any aid, benefit or service to beneficiaries of the program or 76
101		-	activity; or 77
102		-	(vi) Otherwise limit a qualified student with a disability in the 78 Substitute Bill No. 7219
	78	+	LCO No. 6264 3 of 17
	79	+
	80	+	mandatory under state law to provide such services to handicapped 45
	81	+	students, or (C) to whom the state is required to provide a free 46
	82	+	appropriate public education under section 612 of the Individuals with 47
	83	+	Disabilities Education Act, 20 USC 1419, as amended from time to time. 48
	84	+	(9) "Handicap" means any condition or characteristic that renders a 49
	85	+	student a handicapped student. 50
	86	+	(b) No qualified handicapped student shall, solely by reason of such 51
	87	+	qualified handicapped student's disability, be excluded from the 52
	88	+	participation in, be denied the benefits of or be subjected to 53
	89	+	discrimination under any program or activity provided by a local or 54
	90	+	regional board of education or any program or activity conducted by 55
	91	+	the Technical Education and Career System, the Department of 56
	92	+	Education or the Office of Early Childhood. The State Board of 57
	93	+	Education may adopt regulations, in accordance with the provisions of 58
	94	+	chapter 54 of the general statutes, as may be necessary to carry out the 59
	95	+	provisions of this section and section 2 of this act. 60
	96	+	(c) (1) No qualified handicapped student shall, on the basis of 61
	97	+	handicap, be excluded from participation in, be denied the benefits of or 62
	98	+	otherwise be subjected to discrimination under any program or activity. 63
	99	+	(2) (A) A local or regional board of education, the Technical 64
	100	+	Education and Career System, the Department of Education or the 65
	101	+	Office of Early Childhood, in providing any aid, benefit or service, may 66
	102	+	not, directly or through contractual, licensing or other arrangements, on 67
	103	+	the basis of handicap: 68
	104	+	(i) Deny a qualified handicapped student the opportunity to 69
	105	+	participate in or benefit from the aid, benefit or service; 70
	106	+	(ii) Afford a qualified handicapped student an opportunity to 71
	107	+	participate in or benefit from the aid, benefit or service that is not equal 72
	108	+	to that afforded nonhandicapped students; 73
	109	+	Raised Bill No. 7219
103	110
104	111
105		-	LCO 4 of 13
106	112
107		-	enjoyment of any right, privilege, advantage or opportunity enjoyed by 79
108		-	students who do not have a disability receiving an aid, benefit or service. 80
109		-	(B) For purposes of this section and section 2 of this act, aids, benefits 81
110		-	and services, to be equally effective, are not required to produce the 82
111		-	identical result or level of achievement for qualified students with a 83
112		-	disability and students who do not have a disability, but shall afford 84
113		-	qualified students with a disability equal opportunity to obtain the same 85
114		-	result, to gain the same benefit or to reach the same level of achievement, 86
115		-	in the most integrated setting appropriate to the needs of qualified 87
116		-	students with a disability. 88
117		-	(C) Despite the existence of separate or different aid, benefits or 89
118		-	services provided in accordance with this section and section 2 of this 90
119		-	act, a local or regional board of education may not deny a qualified 91
120		-	student with a disability the opportunity to participate in such aid, 92
121		-	benefits or services that are not separate or different. 93
122		-	(D) A local or regional board of education may not, directly or 94
123		-	through contractual or other arrangements, utilize criteria or methods 95
124		-	of administration that (i) have the effect of subjecting qualified students 96
125		-	with a disability to discrimination on the basis of disability, (ii) have the 97
126		-	purpose or effect of defeating or substantially impairing 98
127		-	accomplishment of the objectives of the board's program or activity with 99
128		-	respect to qualified students with a disability, or (iii) perpetuate the 100
129		-	discrimination of another board of education if both boards are subject 101
130		-	to common administrative control. 102
131		-	(E) In determining the site or location of a facility, a local or regional 103
132		-	board of education may not select a site that (i) has the effect of 104
133		-	excluding qualified students with a disability from, denying them the 105
134		-	benefits of or otherwise subjecting them to discrimination under any 106
135		-	program or activity, or (ii) has the purpose or effect of defeating or 107
136		-	substantially impairing the accomplishment of the objectives of the 108
137		-	program or activity with respect to qualified students with a disability. 109
138		-	(3) The exclusion of students who do not have a disability from aid, 110 Substitute Bill No. 7219
	113	+	LCO No. 6264 4 of 17
	114	+
	115	+	(iii) Provide a qualified handicapped student with an aid, benefit or 74
	116	+	service that is not as effective as that provided to nonhandicapped 75
	117	+	students; 76
	118	+	(iv) Provide different or separate aid, benefits or services to qualified 77
	119	+	handicapped students or to any class of qualified handicapped students 78
	120	+	unless such action is necessary to provide qualified handicapped 79
	121	+	students with aid, benefits or services that are as effective as those 80
	122	+	provided to nonhandicapped students; 81
	123	+	(v) Aid or perpetuate discrimination against a qualified handicapped 82
	124	+	student by providing significant assistance to an agency, organization 83
	125	+	or person that discriminates on the basis of handicap in providing any 84
	126	+	aid, benefit or service to beneficiaries of the program or activity; 85
	127	+	(vi) Deny a qualified handicapped student the opportunity to 86
	128	+	participate as a member of planning or advisory boards; or 87
	129	+	(vii) Otherwise limit a qualified handicapped student in the 88
	130	+	enjoyment of any right, privilege, advantage or opportunity enjoyed by 89
	131	+	nonhandicapped students receiving an aid, benefit or service. 90
	132	+	(B) For purposes of this section and section 2 of this act, aids, benefits 91
	133	+	and services, to be equally effective, are not required to produce the 92
	134	+	identical result or level of achievement for qualified handicapped 93
	135	+	students and nonhandicapped students, but shall afford qualified 94
	136	+	handicapped students equal opportunity to obtain the same result, to 95
	137	+	gain the same benefit or to reach the same level of achievement, in the 96
	138	+	most integrated setting appropriate to the qualified handicapped 97
	139	+	student's needs. 98
	140	+	(C) Despite the existence of separate or different aid, benefits or 99
	141	+	services provided in accordance with this section and section 2 of this 100
	142	+	act, a local or regional board of education, the Technical Education and 101
	143	+	Career System, the Department of Education or the Office of Early 102
	144	+	Childhood may not deny a qualified handicapped student the 103
	145	+	Raised Bill No. 7219
139	146
140	147
141		-	LCO 5 of 13
142	148
143		-	benefits or services limited by the Americans with Disabilities Act, 42 111
144		-	USC 12101 et seq., the Individuals with Disabilities Education Act, 20 112
145		-	USC 1400 et seq., as amended from time to time, or state law to qualified 113
146		-	students with a disability or the exclusion of a specific class of qualified 114
147		-	students with a disability from aid, benefits or services limited by said 115
148		-	Americans with Disabilities Act, Individuals with Disabilities Education 116
149		-	Act or state law to a different class of qualified students with a disability 117
150		-	is not prohibited by this section or section 2 of this act. 118
151		-	(d) A local or regional board of education shall submit an annual 119
152		-	assurance, on a form specified by the Commissioner of Education, that 120
153		-	the programs or activities of such board will be operated in compliance 121
154		-	with this section and section 2 of this act. 122
155		-	(e) (1) (A) If the Commissioner of Education finds that a local or 123
156		-	regional board of education has discriminated against students on the 124
157		-	basis of disability in violation of this section or section 2 of this act, such 125
158		-	board shall take such remedial action as the commissioner deems 126
159		-	necessary to overcome the effects of the discrimination. 127
160		-	(B) Where a local or regional board of education is found to have 128
161		-	discriminated against students on the basis of disability in violation of 129
162		-	this section or section 2 of this act, and where another board of education 130
163		-	exercises control over the board of education that has discriminated, the 131
164		-	commissioner, where appropriate, may require either or both boards to 132
165		-	take remedial action. 133
166		-	(C) The commissioner may, where necessary to overcome the effects 134
167		-	of discrimination in violation of this section or section 2 of this act, 135
168		-	require a local or regional board of education to take remedial action (i) 136
169		-	with respect to qualified students with a disability who are no longer 137
170		-	participants in such board's program or activity but who were 138
171		-	participants in the program or activity when such discrimination 139
172		-	occurred, or (ii) with respect to qualified students with a disability who 140
173		-	would have been participants in the program or activity had the 141
174		-	discrimination not occurred. 142 Substitute Bill No. 7219
	149	+	LCO No. 6264 5 of 17
	150	+
	151	+	opportunity to participate in such aid, benefits or services that are not 104
	152	+	separate or different. 105
	153	+	(D) A local or regional board of education, the Technical Education 106
	154	+	and Career System, the Department of Education or the Office of Early 107
	155	+	Childhood may not, directly or through contractual or other 108
	156	+	arrangements, utilize criteria or methods of administration that (i) have 109
	157	+	the effect of subjecting qualified handicapped students to 110
	158	+	discrimination on the basis of handicap, (ii) have the purpose or effect 111
	159	+	of defeating or substantially impairing accomplishment of the objectives 112
	160	+	of the board, system, department or office's program or activity with 113
	161	+	respect to qualified handicapped students, or (iii) perpetuate the 114
	162	+	discrimination of another board of education if both boards are subject 115
	163	+	to common administrative control. 116
	164	+	(E) In determining the site or location of a facility, a local or regional 117
	165	+	board of education, the Technical Education and Career System, the 118
	166	+	Department of Education or the Office of Early Childhood may not 119
	167	+	select a site that (i) has the effect of excluding qualified handicapped 120
	168	+	students from, denying them the benefits of or otherwise subjecting 121
	169	+	them to discrimination under any program or activity, or (ii) has the 122
	170	+	purpose or effect of defeating or substantially impairing the 123
	171	+	accomplishment of the objectives of the program or activity with respect 124
	172	+	to qualified handicapped students. 125
	173	+	(F) As used in this subsection, the aid, benefit or service provided 126
	174	+	under a program or activity includes any aid, benefit or service 127
	175	+	provided in or through a facility that has been constructed, expanded, 128
	176	+	altered, leased or rented, or otherwise acquired, in whole or in part, with 129
	177	+	state or federal financial assistance, including pursuant to chapter 173 130
	178	+	of the general statutes. 131
	179	+	(3) The exclusion of nonhandicapped students from aid, benefits or 132
	180	+	services limited by federal statute or executive order to handicapped 133
	181	+	students or the exclusion of a specific class of handicapped students 134
	182	+	Raised Bill No. 7219
175	183
176	184
177		-	LCO 6 of 13
178	185
179		-	(2) A local or regional board of education may take steps, in addition 143
180		-	to any action that is required by this section, to overcome the effects of 144
181		-	conditions that resulted in limited participation in such board's program 145
182		-	or activity by qualified students with a disability. 146
183		-	(f) (1) Each local and regional board of education shall designate at 147
184		-	least one person to coordinate such board's efforts to comply with the 148
185		-	provisions of this section and section 2 of this act. 149
186		-	(2) Each local and regional board of education shall adopt grievance 150
187		-	procedures that incorporate appropriate due process standards and that 151
188		-	provide for the prompt and equitable resolution of complaints alleging 152
189		-	any action prohibited by this section or section 2 of this act. 153
190		-	(g) A local or regional board of education shall take appropriate 154
191		-	initial and continuing steps to notify the parents and guardians of 155
192		-	students enrolled in a school under the jurisdiction of such board that it 156
193		-	does not discriminate on the basis of disability in violation of this section 157
194		-	or section 2 of this act. The notification shall state that the board does 158
195		-	not discriminate in admission or access to, or treatment in, its program 159
196		-	or activity. The notification shall also include an identification of the 160
197		-	responsible employee designated pursuant to subdivision (1) of 161
198		-	subsection (f) of this section. Methods of notification may include the 162
199		-	posting of such information on the Internet web site of the board and in 163
200		-	all student handbooks and parent handbooks or manuals. 164
201		-	(h) The obligation to comply with this section or section 2 of this act 165
202		-	is not obviated or alleviated by the existence of any other state or local 166
203		-	law or other requirement that, on the basis of disability, imposes 167
204		-	prohibitions or limits upon the eligibility of qualified students with a 168
205		-	disability to receive services. 169
206		-	Sec. 2. (NEW) (Effective from passage) (a) The provisions of this section 170
207		-	and section 1 of this act apply to preschool, elementary, secondary and 171
208		-	adult education programs or activities provided or offered by a local or 172
209		-	regional board of education. 173 Substitute Bill No. 7219
	186	+	LCO No. 6264 6 of 17
	187	+
	188	+	from aid, benefits or services limited by federal statute or executive 135
	189	+	order to a different class of handicapped persons is not prohibited by 136
	190	+	this section or section 2 of this act. 137
	191	+	(d) (1) A local or regional board of education, the Technical Education 138
	192	+	and Career System, the Department of Education or the Office of Early 139
	193	+	Childhood shall submit an assurance, on a form specified by the 140
	194	+	Commissioner of Education, that the program or activity will be 141
	195	+	operated in compliance with this section and section 2 of this act. 142
	196	+	(2) (A) In the case of state or federal financial assistance extended in 143
	197	+	the form of real property or to provide real property or structures on the 144
	198	+	property, the assurance shall obligate the local or regional board of 145
	199	+	education, Technical Education and Career System, Department of 146
	200	+	Education or Office of Early Childhood, or, in the case of a subsequent 147
	201	+	transfer, the transferee, for the period during which the real property or 148
	202	+	structures are used for the purpose for which state or federal financial 149
	203	+	assistance is extended or for another purpose involving the provision of 150
	204	+	similar services or benefits. 151
	205	+	(B) In the case of state or federal financial assistance extended to 152
	206	+	provide personal property, the assurance shall obligate the local or 153
	207	+	regional board of education, Technical Education and Career System, 154
	208	+	Department of Education or Office of Early Childhood for the period 155
	209	+	during which it retains ownership or possession of the property. 156
	210	+	(C) In all other cases the assurance will obligate the local or regional 157
	211	+	board of education, Technical Education and Career System, 158
	212	+	Department of Education or Office of Early Childhood for the period 159
	213	+	during which state or federal financial assistance is extended. 160
	214	+	(3) (A) Where state or federal financial assistance is provided in the 161
	215	+	form of real property or interest in the property, the instrument effecting 162
	216	+	or recording this transfer shall contain a covenant running with the land 163
	217	+	to assure nondiscrimination for the period during which the real 164
	218	+	property is used for a purpose for which the state or federal financial 165
	219	+	Raised Bill No. 7219
210	220
211	221
212		-	LCO 7 of 13
213	222
214		-	(b) A local or regional board of education that operates a program or 174
215		-	activity shall annually (1) undertake to identify and locate every 175
216		-	qualified student with a disability residing in such board's jurisdiction 176
217		-	who is not receiving a public education, and (2) take appropriate steps 177
218		-	to notify such qualified students with a disability and their parents or 178
219		-	guardians of such board's duty under this section. 179
220		-	(c) (1) A local or regional board of education that operates a program 180
221		-	or activity shall provide a free appropriate public education to each 181
222		-	qualified student with a disability who is in such board's jurisdiction, 182
223		-	regardless of the nature or severity of the student's disability. 183
224		-	(2) (A) For the purpose of this section, the provision of an appropriate 184
225		-	education is the provision of regular or special education and related 185
226		-	aids and services that (i) are designed to meet individual educational 186
227		-	needs of qualified students with a disability as adequately as the needs 187
228		-	of students who do not have a disability are met, and (ii) are based upon 188
229		-	adherence to procedures that satisfy the requirements of subsections (d) 189
230		-	to (f), inclusive, of this section. 190
231		-	(B) Implementation of an individualized education program 191
232		-	developed in accordance with the Individuals with Disabilities 192
233		-	Education Act, 20 USC 1419, as amended from time to time, and sections 193
234		-	10-76a to 10-76g, inclusive, of the general statutes, is one means of 194
235		-	meeting the standard established in subparagraph (A) of this 195
236		-	subdivision. 196
237		-	(C) A local or regional board of education may place a qualified 197
238		-	student with a disability or refer such qualified student with a disability 198
239		-	for aid, benefits or services other than those that it operates or provides 199
240		-	as its means of carrying out the requirements of this section, provided 200
241		-	such board remains responsible for ensuring that the requirements of 201
242		-	this section are met with respect to any qualified student with a 202
243		-	disability so placed or referred. 203
244		-	(3) (A) For the purpose of this subsection, the provision of a free 204
245		-	education is the provision of educational and related services without 205 Substitute Bill No. 7219
	223	+	LCO No. 6264 7 of 17
	224	+
	225	+	assistance is extended or for another purpose involving the provision of 166
	226	+	similar services or benefits. 167
	227	+	(B) Where no transfer of property is involved but property is 168
	228	+	purchased or improved with state or federal financial assistance, the 169
	229	+	recipient shall agree to include the covenant described in subparagraph 170
	230	+	(B) of subdivision (2) of subsection (d) of this section, in the instrument 171
	231	+	effecting or recording any subsequent transfer of the property. 172
	232	+	(C) Where state or federal financial assistance is provided in the form 173
	233	+	of real property or interest in the property, the covenant shall also 174
	234	+	include a condition coupled with a right to be reserved by the state to 175
	235	+	revert title to the property in the event of a breach of the covenant. If a 176
	236	+	transferee of real property proposes to mortgage or otherwise encumber 177
	237	+	the real property as security for financing construction of new, or 178
	238	+	improvement of existing, facilities on the property for the purposes for 179
	239	+	which the property was transferred, the Commissioner of Education 180
	240	+	may, upon request of the transferee and if necessary to accomplish such 181
	241	+	financing and upon such conditions as the commissioner deems 182
	242	+	appropriate, agree to forbear the exercise of such right to revert title for 183
	243	+	so long as the lien of such mortgage or other encumbrance remains 184
	244	+	effective. 185
	245	+	(e) (1) (A) If the Commissioner of Education finds that a local or 186
	246	+	regional board of education has discriminated against students on the 187
	247	+	basis of handicap in violation of this section or section 2 of this act, such 188
	248	+	board shall take such remedial action as the commissioner deems 189
	249	+	necessary to overcome the effects of the discrimination. 190
	250	+	(B) Where a local or regional board of education is found to have 191
	251	+	discriminated against students on the basis of handicap in violation of 192
	252	+	this section or section 2 of this act, and where another board of education 193
	253	+	exercises control over the board of education that has discriminated, the 194
	254	+	commissioner, where appropriate, may require either or both boards to 195
	255	+	take remedial action. 196
	256	+	Raised Bill No. 7219
246	257
247	258
248		-	LCO 8 of 13
249	259
250		-	~~cost to the qualified student with a disability or to the parents or 206~~
251		-	~~guardian of such qualified student with a disability, except for those fees 207~~
252		-	~~that are imposed on students who do not have a disability or their 208~~
253		-	~~parents~~ or ~~guardian. It may consist either~~ of ~~the provision of free 209~~
254		-	~~services or, if~~ a local or regional board of education ~~places a qualified 210~~
255		-	~~student~~ with ~~a disability or refers such~~ qualified ~~student with a 211~~
256		-	~~disability for aid,~~ ~~benefits~~ or ~~services not operated or provided by such 212~~
257		-	~~board as its means of carrying out~~ the ~~requirements of this section,~~ ~~of 213~~
258		-	~~payment for the costs of the aid~~, ~~benefits~~ or ~~services. Funds available 214~~
259		-	~~from any public~~ or ~~private agency may be used to meet~~ the ~~requirements 215~~
260		-	~~of this section~~. ~~Nothing in this subsection shall be construed to relieve 216~~
261		-	~~an insurer~~ or ~~similar third party from an otherwise valid obligation to 217~~
262		-	~~provide or pay for services provided~~ to ~~a qualified student with a 218~~
263		-	~~disability. 219~~
264		-	~~(B) If a local~~ or ~~regional board of education places or refers a~~ qualified ~~220~~
265		-	~~student with~~ a ~~disability for aid, benefits~~ or ~~services~~ not ~~operated or 221~~
266		-	~~provided by such board as its means~~ of ~~carrying out the requirements 222~~
267		-	of ~~this section~~, ~~such board shall ensure that adequate transportation to 223~~
268		-	~~and from the aid, benefits~~ or ~~services is provided at no greater cost than 224~~
269		-	~~would be incurred by such qualified student with a disability or~~ the ~~225~~
270		-	~~parents~~ or ~~guardian~~ of ~~such qualified student with a disability if such 226~~
271		-	~~qualified student with a disability were placed in the aid, benefits or 227~~
272		-	~~services operated by such board of education.~~ ~~228~~
273		-	~~(C) If a public~~ or ~~private residential placement is necessary to provide 229~~
274		-	~~a free appropriate public education to a qualified student with a 230~~
275		-	~~disability because~~ of ~~such qualified student's disability,~~ ~~the placement, 231~~
276		-	including ~~nonmedical care and room and board, shall be provided at no 232~~
277		-	~~cost to such qualified student with a disability~~ or ~~the parents or 233~~
278		-	~~guardian~~ of ~~such qualified student with a disability. 234~~
279		-	~~(D) If a local or regional board of education has made available, in 235~~
280		-	~~conformance with the requirements of this subsection and subsection 236~~
281		-	(d) of ~~this section~~, ~~a free appropriate public education to a qualified 237~~
282		-	~~student with a disability, and the parents or guardian of such qualified 238 Substitute~~ Bill No. 7219
	260	+	LCO No. 6264 8 of 17
	261	+
	262	+	(C) The commissioner may, where necessary to overcome the effects 197
	263	+	of discrimination in violation of this section or section 2 of this act, 198
	264	+	require a local or regional board of education to take remedial action (i) 199
	265	+	with respect to qualified handicapped students who are no longer 200
	266	+	participants in such board's program or activity but who were 201
	267	+	participants in the program or activity when such discrimination 202
	268	+	occurred, or (ii) with respect to qualified handicapped students who 203
	269	+	would have been participants in the program or activity had the 204
	270	+	discrimination not occurred. 205
	271	+	(2) A local or regional board of education may take steps, in addition 206
	272	+	to any action that is required by this section, to overcome the effects of 207
	273	+	conditions that resulted in limited participation in such board's program 208
	274	+	or activity by qualified handicapped students. 209
	275	+	(3) (A) A local or regional board of education shall, not later than one 210
	276	+	year after the effective date of this section: 211
	277	+	(i) Evaluate, with the assistance of interested persons, including 212
	278	+	handicapped students or organizations representing handicapped 213
	279	+	students, its current policies and practices and the effects thereof that do 214
	280	+	not or may not meet the requirements of this section or section 2 of this 215
	281	+	act; 216
	282	+	(ii) Modify, after consultation with interested persons, including 217
	283	+	handicapped students or organizations representing handicapped 218
	284	+	students, any policies and practices that do not meet the requirements 219
	285	+	of this section or section 2 of this act; and 220
	286	+	(iii) Take, after consultation with interested persons, including 221
	287	+	handicapped students or organizations representing handicapped 222
	288	+	students, appropriate remedial steps to eliminate the effects of any 223
	289	+	discrimination that resulted from adherence to such policies and 224
	290	+	practices. 225
	291	+	(B) A local or regional board of education shall, for at least three years 226
	292	+	Raised Bill No. 7219
283	293
284	294
285		-	LCO 9 of 13
286	295
287		-	student with a disability choose to place such qualified student with a 239
288		-	disability in a private school, such board is not required to pay for such 240
289		-	qualified student's education in the private school. Disagreements 241
290		-	between a parent or guardian and a local or regional board of education 242
291		-	regarding whether such board has made a free appropriate public 243
292		-	education available or otherwise regarding the question of financial 244
293		-	responsibility are subject to the due process procedures of subsection (f) 245
294		-	of this section. 246
295		-	(4) A local or regional board of education may not exclude any 247
296		-	qualified student with a disability from a public elementary or 248
297		-	secondary education. 249
298		-	(d) (1) A local or regional board of education to which this section 250
299		-	applies shall educate, or shall provide for the education of, each 251
300		-	qualified student with a disability in its jurisdiction with students who 252
301		-	do not have a disability to the maximum extent appropriate to the needs 253
302		-	of the qualified student with a disability. A local or regional board of 254
303		-	education shall place a qualified student with a disability in the regular 255
304		-	educational environment operated by such board unless it is 256
305		-	demonstrated by such board that the education of the qualified student 257
306		-	with a disability in the regular environment with the use of 258
307		-	supplementary aids and services cannot be achieved satisfactorily. 259
308		-	Whenever a local or regional board of education places a qualified 260
309		-	student with a disability in a setting other than the regular educational 261
310		-	environment pursuant to this subsection, it shall take into account the 262
311		-	proximity of the alternate setting to the home of such qualified student 263
312		-	with a disability. 264
313		-	(2) In providing or arranging for the provision of nonacademic and 265
314		-	extracurricular services and activities, including meals, recess periods 266
315		-	and the services and activities set forth in subparagraph (B) of 267
316		-	subdivision (1) of subsection (g) of this section, a local or regional board 268
317		-	of education shall ensure that qualified students with a disability 269
318		-	participate with students who do not have a disability in such activities 270
319		-	and services to the maximum extent appropriate to the needs of the 271 Substitute Bill No. 7219
	296	+	LCO No. 6264 9 of 17
	297	+
	298	+	following completion of the evaluation required under subparagraph 227
	299	+	(A) of subdivision (3) of this subsection, maintain on file, make available 228
	300	+	for public inspection and provide to the commissioner upon request (i) 229
	301	+	a list of the interested persons consulted, (ii) a description of areas 230
	302	+	examined and any problems identified, and (iii) a description of any 231
	303	+	modifications made and of any remedial steps taken. 232
	304	+	(f) (1) Each local and regional board of education shall designate at 233
	305	+	least one person to coordinate such board's efforts to comply with the 234
	306	+	provisions of this section and section 2 of this act. 235
	307	+	(2) Each local and regional board of education shall adopt grievance 236
	308	+	procedures that incorporate appropriate due process standards and that 237
	309	+	provide for the prompt and equitable resolution of complaints alleging 238
	310	+	any action prohibited by this section or section 2 of this act. 239
	311	+	(g) (1) A local or regional board of education shall take appropriate 240
	312	+	initial and continuing steps to notify the parents and guardians of 241
	313	+	students enrolled in a school under the jurisdiction of such board that it 242
	314	+	does not discriminate on the basis of handicap in violation of this section 243
	315	+	or section 2 of this act. The notification shall state, where appropriate, 244
	316	+	that the board does not discriminate in admission or access to, or 245
	317	+	treatment in, its program or activity. The notification shall also include 246
	318	+	an identification of the responsible employee designated pursuant to 247
	319	+	subdivision (1) of subsection (f) of this section. A local or regional board 248
	320	+	of education shall make the initial notification required by this 249
	321	+	subdivision not later than ninety days after the effective date of this 250
	322	+	section. Methods of initial and continuing notification may include the 251
	323	+	posting of notices, publication in newspapers and magazines, 252
	324	+	placement of notices in such board's publication and distribution of 253
	325	+	memoranda or other written communications. 254
	326	+	(2) If a local or regional board of education publishes or uses 255
	327	+	recruitment materials or publications containing general information 256
	328	+	that it makes available to participants, beneficiaries, applicants or 257
	329	+	Raised Bill No. 7219
320	330
321	331
322		-	LCO 10 of 13
323	332
324		-	qualified student with a disability in question. 272
325		-	(3) If a local or regional board of education, in compliance with 273
326		-	subdivision (1) of this subsection, operates a facility that is identifiable 274
327		-	as being for qualified students with a disability, such board shall ensure 275
328		-	that the facility and the services and activities provided in the facility 276
329		-	are comparable to the other facilities, services and activities of such 277
330		-	board. 278
331		-	(e) (1) A local or regional board of education that operates a public 279
332		-	elementary or secondary education program or activity shall conduct an 280
333		-	evaluation in accordance with the requirements of subdivision (2) of this 281
334		-	subsection of any student who, because of disability, needs or is 282
335		-	believed to need special education or related services before taking any 283
336		-	action with respect to the initial placement of the student in regular or 284
337		-	special education and any subsequent significant change in placement. 285
338		-	(2) A local or regional board of education to which this section applies 286
339		-	shall establish standards and procedures for the evaluation and 287
340		-	placement of students who, because of disability, need or are believed 288
341		-	to need special education or related services that ensure that: 289
342		-	(A) Tests and other evaluation materials have been validated for the 290
343		-	specific purpose for which they are used and are administered by 291
344		-	trained personnel in conformance with the instructions provided by 292
345		-	their producer; 293
346		-	(B) Tests and other evaluation materials include those tailored to 294
347		-	assess specific areas of educational need and not merely those that are 295
348		-	designed to provide a single general intelligence quotient; and 296
349		-	(C) Tests are selected and administered so as best to ensure that, 297
350		-	when a test is administered to a student with impaired sensory, manual 298
351		-	or speaking skills, the test results accurately reflect the student's 299
352		-	aptitude or achievement level or whatever other factor the test purports 300
353		-	to measure, rather than reflecting the student's impaired sensory, 301
354		-	manual or speaking skills, except where such skills are the factors that 302 Substitute Bill No. 7219
	333	+	LCO No. 6264 10 of 17
	334	+
	335	+	employees, it shall include in those materials or publications a statement 258
	336	+	of the policy described in subdivision (1) of this subsection. A local or 259
	337	+	regional board of education may meet the requirement of this 260
	338	+	subdivision either by including appropriate inserts in existing materials 261
	339	+	and publications or by revising and reprinting the materials and 262
	340	+	publications. 263
	341	+	(h) The obligation to comply with this section or section 2 of this act 264
	342	+	is not obviated or alleviated by the existence of any other state or local 265
	343	+	law or other requirement that, on the basis of handicap, imposes 266
	344	+	prohibitions or limits upon the eligibility of qualified handicapped 267
	345	+	students to receive services. 268
	346	+	Sec. 2. (NEW) (Effective from passage) (a) The provisions of this section 269
	347	+	and section 1 of this act apply to preschool, elementary, secondary and 270
	348	+	adult education programs or activities provided or offered by a local or 271
	349	+	regional board of education, the Technical Education and Career 272
	350	+	System, the Department of Education or the Office of Early Childhood. 273
	351	+	(b) A local or regional board of education that operates a program or 274
	352	+	activity shall annually (1) undertake to identify and locate every 275
	353	+	qualified handicapped student residing in such board's jurisdiction who 276
	354	+	is not receiving a public education, and (2) take appropriate steps to 277
	355	+	notify handicapped students and their parents or guardians of such 278
	356	+	board's duty under this section. 279
	357	+	(c) (1) A local or regional board of education that operates a program 280
	358	+	or activity shall provide a free appropriate public education to each 281
	359	+	qualified handicapped student who is in such board's jurisdiction, 282
	360	+	regardless of the nature or severity of the student's handicap. 283
	361	+	(2) (A) For the purpose of this section, the provision of an appropriate 284
	362	+	education is the provision of regular or special education and related 285
	363	+	aids and services that (i) are designed to meet individual educational 286
	364	+	needs of handicapped students as adequately as the needs of 287
	365	+	nonhandicapped students are met, and (ii) are based upon adherence to 288
	366	+	Raised Bill No. 7219
355	367
356	368
357		-	LCO 11 of 13
358	369
359		-	the test purports to measure. 303
360		-	(3) In interpreting evaluation data and in making placement 304
361		-	decisions, a local or regional board of education shall (A) draw upon 305
362		-	information from a variety of sources, including aptitude and 306
363		-	achievement tests, teacher recommendations, physical condition, social 307
364		-	or cultural background and adaptive behavior, (B) establish procedures 308
365		-	to ensure that information obtained from all such sources is documented 309
366		-	and carefully considered, (C) ensure that the placement decision is made 310
367		-	by a group of persons, including persons knowledgeable about the 311
368		-	student, the meaning of the evaluation data and the placement options, 312
369		-	and (D) ensure that the placement decision is made in conformity with 313
370		-	subsection (d) of this section. 314
371		-	(4) A local or regional board of education shall establish procedures, 315
372		-	in accordance with subdivision (2) of this subsection, for periodic 316
373		-	reevaluation of students who have been provided special education and 317
374		-	related services, which may include, but are not limited to, a 318
375		-	reevaluation procedure consistent with the Individuals with Disabilities 319
376		-	Education Act, 20 USC 1419, as amended from time to time. 320
377		-	(f) A local or regional board of education that operates a public 321
378		-	elementary or secondary education program or activity shall establish 322
379		-	and implement, with respect to actions regarding the identification, 323
380		-	evaluation or educational placement of students who, because of 324
381		-	disability, need or are believed to need special instruction or related 325
382		-	services, a system of procedural safeguards that includes notice, an 326
383		-	opportunity for the parents or guardian of the student to examine 327
384		-	relevant records, an impartial hearing with opportunity for 328
385		-	participation by such student's parents or guardian and representation 329
386		-	by counsel and a review procedure, which may include, but are not 330
387		-	limited to, compliance with the procedural safeguards of the 331
388		-	Individuals with Disabilities Education Act, 20 USC 1419, as amended 332
389		-	from time to time. 333
390		-	(g) (1) (A) A local or regional board of education shall provide 334 Substitute Bill No. 7219
	370	+	LCO No. 6264 11 of 17
	371	+
	372	+	procedures that satisfy the requirements of subsections (d) to (f), 289
	373	+	inclusive, of this section. 290
	374	+	(B) Implementation of an individualized education program 291
	375	+	developed in accordance with the Individuals with Disabilities 292
	376	+	Education Act, 20 USC 1419, as amended from time to time, is one 293
	377	+	means of meeting the standard established in subparagraph (A) of 294
	378	+	subdivision (1) of this subsection. 295
	379	+	(C) A local or regional board of education may place a handicapped 296
	380	+	student or refer such student for aid, benefits or services other than 297
	381	+	those that it operates or provides as its means of carrying out the 298
	382	+	requirements of this section, provided such board remains responsible 299
	383	+	for ensuring that the requirements of this section are met with respect 300
	384	+	to any handicapped student so placed or referred. 301
	385	+	(3) (A) For the purpose of this subsection, the provision of a free 302
	386	+	education is the provision of educational and related services without 303
	387	+	cost to the handicapped student or to such student's parents or 304
	388	+	guardian, except for those fees that are imposed on nonhandicapped 305
	389	+	students or their parents or guardian. It may consist either of the 306
	390	+	provision of free services or, if a local or regional board of education 307
	391	+	places a handicapped student or refers such handicapped student for 308
	392	+	aid, benefits or services not operated or provided by such board as its 309
	393	+	means of carrying out the requirements of this section, of payment for 310
	394	+	the costs of the aid, benefits or services. Funds available from any public 311
	395	+	or private agency may be used to meet the requirements of this section. 312
	396	+	Nothing in this subsection shall be construed to relieve an insurer or 313
	397	+	similar third party from an otherwise valid obligation to provide or pay 314
	398	+	for services provided to a handicapped student. 315
	399	+	(B) If a local or regional board of education places a handicapped 316
	400	+	student or refers such handicapped student for aid, benefits or services 317
	401	+	not operated or provided by such board as its means of carrying out the 318
	402	+	requirements of this section, such board shall ensure that adequate 319
	403	+	Raised Bill No. 7219
391	404
392	405
393		-	LCO 12 of 13
394	406
395		-	nonacademic and extracurricular services and activities in such manner 335
396		-	as is necessary to afford qualified students with a disability an equal 336
397		-	opportunity for participation in such services and activities. 337
398		-	(B) Nonacademic and extracurricular services and activities may 338
399		-	include counseling services, physical recreational athletics, 339
400		-	transportation, health services, recreational activities, special interest 340
401		-	groups or clubs sponsored by the local or regional board of education, 341
402		-	referrals to agencies that provide assistance to qualified students with a 342
403		-	disability and employment of qualified students with a disability, 343
404		-	including both employment by such board and assistance in making 344
405		-	available outside employment. 345
406		-	(2) A local or regional board of education that provides personal, 346
407		-	academic or vocational counseling, guidance or placement services to 347
408		-	its students shall provide such services without discrimination on the 348
409		-	basis of disability. Such board shall ensure that qualified students with 349
410		-	a disability are not counseled toward more restrictive career objectives 350
411		-	than are students who do not have a disability with similar interests and 351
412		-	abilities. 352
413		-	(3) (A) In providing physical education courses and athletics and 353
414		-	similar aid, benefits or services to any of its students, a local or regional 354
415		-	board of education may not discriminate on the basis of disability. A 355
416		-	local or regional board of education that offers physical education 356
417		-	courses or that operates or sponsors interscholastic, club or intramural 357
418		-	athletics shall provide to qualified students with a disability an equal 358
419		-	opportunity for participation. 359
420		-	(B) A local or regional board of education may offer to qualified 360
421		-	students with a disability physical education and athletic activities that 361
422		-	are separate or different from those offered to students who do not have 362
423		-	a disability only if separation or differentiation is consistent with the 363
424		-	requirements of subsection (d) of this section and only if no qualified 364
425		-	student with a disability is denied the opportunity to compete for teams 365
426		-	or participate in courses that are not separate or different. 366 Substitute Bill No. 7219
	407	+	LCO No. 6264 12 of 17
	408	+
	409	+	transportation to and from the aid, benefits or services is provided at no 320
	410	+	greater cost than would be incurred by such handicapped student or 321
	411	+	such handicapped student's parents or guardian if such handicapped 322
	412	+	student were placed in the aid, benefits or services operated by such 323
	413	+	board of education. 324
	414	+	(C) If a public or private residential placement is necessary to provide 325
	415	+	a free appropriate public education to a handicapped student because 326
	416	+	of such student's handicap, the placement, including nonmedical care 327
	417	+	and room and board, shall be provided at no cost to such student or such 328
	418	+	student's parents or guardian. 329
	419	+	(D) If a local or regional board of education has made available, in 330
	420	+	conformance with the requirements of this subsection and subsection 331
	421	+	(d) of this section, a free appropriate public education to a handicapped 332
	422	+	student and such handicapped student's parents or guardian choose to 333
	423	+	place such handicapped student in a private school, such board is not 334
	424	+	required to pay for such handicapped student's education in the private 335
	425	+	school. Disagreements between a parent or guardian and a local or 336
	426	+	regional board of education regarding whether such board has made a 337
	427	+	free appropriate public education available or otherwise regarding the 338
	428	+	question of financial responsibility are subject to the due process 339
	429	+	procedures of subsection (f) of this section. 340
	430	+	(4) A local or regional board of education may not exclude any 341
	431	+	qualified handicapped student from a public elementary or secondary 342
	432	+	education. 343
	433	+	(d) (1) A local or regional board of education to which this section 344
	434	+	applies shall educate, or shall provide for the education of, each 345
	435	+	qualified handicapped student in its jurisdiction with nonhandicapped 346
	436	+	students to the maximum extent appropriate to the needs of the 347
	437	+	qualified handicapped student. A local or regional board of education 348
	438	+	shall place a handicapped student in the regular educational 349
	439	+	environment operated by such board unless it is demonstrated by such 350
	440	+	Raised Bill No. 7219
427	441
428	442
429		-	LCO 13 of 13
430	443
431		-	(h) A local or regional board of education that provides preschool 367
432		-	education or child care services, as described in section 19a-77 of the 368
433		-	general statutes, or adult education may not, on the basis of disability, 369
434		-	exclude qualified students with a disability and shall take into account 370
435		-	the needs of such qualified students with a disability in determining the 371
436		-	aid, benefits or services to be provided. 372
	444	+	LCO No. 6264 13 of 17
	445	+
	446	+	board that the education of the qualified handicapped student in the 351
	447	+	regular environment with the use of supplementary aids and services 352
	448	+	cannot be achieved satisfactorily. Whenever a local or regional board of 353
	449	+	education places a qualified handicapped student in a setting other than 354
	450	+	the regular educational environment pursuant to this subsection, it shall 355
	451	+	take into account the proximity of the alternate setting to the qualified 356
	452	+	handicapped student's home. 357
	453	+	(2) In providing or arranging for the provision of nonacademic and 358
	454	+	extracurricular services and activities, including meals, recess periods 359
	455	+	and the services and activities set forth in subparagraph (B) of 360
	456	+	subdivision (1) of subsection (g) of this section, a local or regional board 361
	457	+	of education shall ensure that qualified handicapped students 362
	458	+	participate with nonhandicapped students in such activities and 363
	459	+	services to the maximum extent appropriate to the needs of the qualified 364
	460	+	handicapped student in question. 365
	461	+	(3) If a local or regional board of education, in compliance with 366
	462	+	subdivision (1) of this subsection, operates a facility that is identifiable 367
	463	+	as being for qualified handicapped students, such board shall ensure 368
	464	+	that the facility and the services and activities provided in the facility 369
	465	+	are comparable to the other facilities, services and activities of such 370
	466	+	board. 371
	467	+	(e) (1) A local or regional board of education that operates a public 372
	468	+	elementary or secondary education program or activity shall conduct an 373
	469	+	evaluation in accordance with the requirements of subdivision (2) of this 374
	470	+	subsection of any student who, because of handicap, needs or is 375
	471	+	believed to need special education or related services before taking any 376
	472	+	action with respect to the initial placement of the student in regular or 377
	473	+	special education and any subsequent significant change in placement. 378
	474	+	(2) A local or regional board of education to which this section applies 379
	475	+	shall establish standards and procedures for the evaluation and 380
	476	+	placement of students who, because of handicap, need or are believed 381
	477	+	Raised Bill No. 7219
	478	+
	479	+
	480	+
	481	+	LCO No. 6264 14 of 17
	482	+
	483	+	to need special education or related services that ensure that: 382
	484	+	(A) Tests and other evaluation materials have been validated for the 383
	485	+	specific purpose for which they are used and are administered by 384
	486	+	trained personnel in conformance with the instructions provided by 385
	487	+	their producer; 386
	488	+	(B) Tests and other evaluation materials include those tailored to 387
	489	+	assess specific areas of educational need and not merely those that are 388
	490	+	designed to provide a single general intelligence quotient; and 389
	491	+	(C) Tests are selected and administered so as best to ensure that, 390
	492	+	when a test is administered to a student with impaired sensory, manual 391
	493	+	or speaking skills, the test results accurately reflect the student's 392
	494	+	aptitude or achievement level or whatever other factor the test purports 393
	495	+	to measure, rather than reflecting the student's impaired sensory, 394
	496	+	manual or speaking skills, except where such skills are the factors that 395
	497	+	the test purports to measure. 396
	498	+	(3) In interpreting evaluation data and in making placement 397
	499	+	decisions, a local or regional board of education shall (A) draw upon 398
	500	+	information from a variety of sources, including aptitude and 399
	501	+	achievement tests, teacher recommendations, physical condition, social 400
	502	+	or cultural background and adaptive behavior, (B) establish procedures 401
	503	+	to ensure that information obtained from all such sources is documented 402
	504	+	and carefully considered, (C) ensure that the placement decision is made 403
	505	+	by a group of persons, including persons knowledgeable about the 404
	506	+	student, the meaning of the evaluation data and the placement options, 405
	507	+	and (D) ensure that the placement decision is made in conformity with 406
	508	+	subsection (d) of this section. 407
	509	+	(4) A local or regional board of education shall establish procedures, 408
	510	+	in accordance with subdivision (2) of this subsection, for periodic 409
	511	+	reevaluation of students who have been provided special education and 410
	512	+	related services, which may include, but are not limited to, a 411
	513	+	reevaluation procedure consistent with the Individuals with Disabilities 412
	514	+	Raised Bill No. 7219
	515	+
	516	+
	517	+
	518	+	LCO No. 6264 15 of 17
	519	+
	520	+	Education Act, 20 USC 1419, as amended from time to time. 413
	521	+	(f) A local or regional board of education that operates a public 414
	522	+	elementary or secondary education program or activity shall establish 415
	523	+	and implement, with respect to actions regarding the identification, 416
	524	+	evaluation or educational placement of students who, because of 417
	525	+	handicap, need or are believed to need special instruction or related 418
	526	+	services, a system of procedural safeguards that includes notice, an 419
	527	+	opportunity for the parents or guardian of the student to examine 420
	528	+	relevant records, an impartial hearing with opportunity for 421
	529	+	participation by such student's parents or guardian and representation 422
	530	+	by counsel and a review procedure, which may include, but are not 423
	531	+	limited to, compliance with the procedural safeguards of the 424
	532	+	Individuals with Disabilities Education Act, 20 USC 1419, as amended 425
	533	+	from time to time. 426
	534	+	(g) (1) (A) A local or regional board of education shall provide 427
	535	+	nonacademic and extracurricular services and activities in such manner 428
	536	+	as is necessary to afford qualified handicapped students an equal 429
	537	+	opportunity for participation in such services and activities. 430
	538	+	(B) Nonacademic and extracurricular services and activities may 431
	539	+	include counseling services, physical recreational athletics, 432
	540	+	transportation, health services, recreational activities, special interest 433
	541	+	groups or clubs sponsored by the local or regional board of education, 434
	542	+	referrals to agencies that provide assistance to qualified handicapped 435
	543	+	students and employment of qualified handicapped students, including 436
	544	+	both employment by such board and assistance in making available 437
	545	+	outside employment. 438
	546	+	(2) A local or regional board of education that provides personal, 439
	547	+	academic or vocational counseling, guidance or placement services to 440
	548	+	its students shall provide such services without discrimination on the 441
	549	+	basis of handicap. Such board shall ensure that qualified handicapped 442
	550	+	students are not counseled toward more restrictive career objectives 443
	551	+	Raised Bill No. 7219
	552	+
	553	+
	554	+
	555	+	LCO No. 6264 16 of 17
	556	+
	557	+	than are nonhandicapped students with similar interests and abilities. 444
	558	+	(3) (A) In providing physical education courses and athletics and 445
	559	+	similar aid, benefits or services to any of its students, a local or regional 446
	560	+	board of education may not discriminate on the basis of handicap. A 447
	561	+	local or regional board of education that offers physical education 448
	562	+	courses or that operates or sponsors interscholastic, club or intramural 449
	563	+	athletics shall provide to qualified handicapped students an equal 450
	564	+	opportunity for participation. 451
	565	+	(B) A local or regional board of education may offer to qualified 452
	566	+	handicapped students physical education and athletic activities that are 453
	567	+	separate or different from those offered to nonhandicapped students 454
	568	+	only if separation or differentiation is consistent with the requirements 455
	569	+	of subsection (d) of this section and only if no qualified handicapped 456
	570	+	student is denied the opportunity to compete for teams or to participate 457
	571	+	in courses that are not separate or different. 458
	572	+	(h) A local or regional board of education that provides preschool 459
	573	+	education or child care services, as described in section 19a-77 of the 460
	574	+	general statutes, or adult education may not, on the basis of handicap, 461
	575	+	exclude qualified handicapped students and shall take into account the 462
	576	+	needs of such qualified handicapped students in determining the aid, 463
	577	+	benefits or services to be provided. 464
437	578		This act shall take effect as follows and shall amend the following
438	579		sections:
439	580
440	581		Section 1 from passage New section
441	582		Sec. 2 from passage New section
442	583
443		-	ED Joint Favorable Subst.
	584	+	Statement of Purpose:
	585	+	To codify the provisions of Section 504 of the Rehabilitation Act of 1973
	586	+	and those relevant accompanying regulations.
444	587
	588	+	Raised Bill No. 7219
	589	+
	590	+
	591	+
	592	+	LCO No. 6264 17 of 17
	593	+
	594	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	595	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	596	+	underlined.]