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General Assembly Substitute Bill No. 7219
January Session, 2025
AN ACT PROTECTING 504 PLAN ACCOMMODATIONS FOR
STUDENTS IN CONNECTICUT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) As used in this section and 1
section 2 of this act: 2
(1) "Program or activity" means all of the operations of a local or 3
regional board of education. 4
(2) "Facility" means all or any portion of buildings, structures, 5
equipment, roads, walks, parking lots or other real or personal property 6
or interest in such property. 7
(3) "Student with a disability" means any student who (A) has a 8
physical or mental impairment that substantially limits one or more 9
major life activities, (B) has a record of such an impairment, or (C) is 10
regarded as having such an impairment. 11
(4) "Physical or mental impairment" means (A) any physiological 12
disorder or condition, cosmetic disfigurement or anatomical loss 13
affecting one or more of the following body systems: (i) Neurological, 14
(ii) musculoskeletal, (iii) special sense organs, (iv) respiratory, including 15
speech organs, (v) cardiovascular, (vi) reproductive, (vii) digestive, (viii) 16
genito-urinary, (ix) hemic, (x) lymphatic, (xi) skin, and (xii) endocrine, 17 Substitute Bill No. 7219
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or (B) any mental or psychological disorder, such as intellectual 18
disability, organic brain syndrome, emotional or mental illness and 19
specific learning disabilities. 20
(5) "Major life activities" means functions such as caring for one's self, 21
performing manual tasks, walking, seeing, hearing, speaking, 22
breathing, learning and working. 23
(6) "Has a record of such an impairment" means has a history of, or 24
has been misclassified as having, a mental or physical impairment that 25
substantially limits one or more major life activities. 26
(7) "Is regarded as having an impairment" means (A) has a physical 27
or mental impairment that does not substantially limit major life 28
activities but that is treated by a local or regional board of education as 29
constituting such a limitation, (B) has a physical or mental impairment 30
that substantially limits major life activities only as a result of the 31
attitudes of others toward such impairment, or (C) has none of the 32
impairments described in subdivision (4) of this subsection but is 33
treated by a local or regional board of education as having such an 34
impairment. 35
(8) "Qualified student with a disability" means, with respect to public 36
preschool, elementary, secondary or adult educational services, a 37
student with a disability (A) of an age during which students who are 38
not disabled are provided such services, (B) of any age during which it 39
is mandatory under state law to provide such services to students with 40
a disability, or (C) to whom the state is required to provide a free 41
appropriate public education under Section 612 of the Individuals with 42
Disabilities Education Act, 20 USC 1419, as amended from time to time. 43
(9) "Disability" means any condition or characteristic that renders a 44
student a student with a disability. 45
(b) No qualified student with a disability shall, solely by reason of 46
such qualified student's disability, be excluded from the participation 47
in, be denied the benefits of or be subjected to discrimination under any 48 Substitute Bill No. 7219
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program or activity provided by a local or regional board of education. 49
The State Board of Education may adopt regulations, in accordance with 50
the provisions of chapter 54 of the general statutes, as may be necessary 51
to carry out the provisions of this section and section 2 of this act. 52
(c) (1) No qualified student with a disability shall, on the basis of 53
disability, be excluded from participation in, be denied the benefits of 54
or otherwise be subjected to discrimination under any program or 55
activity. 56
(2) (A) A local or regional board of education, in providing any aid, 57
benefit or service, may not, directly or through contractual, licensing or 58
other arrangements, on the basis of disability: 59
(i) Deny a qualified student with a disability the opportunity to 60
participate in or benefit from the aid, benefit or service; 61
(ii) Afford a qualified student with a disability an opportunity to 62
participate in or benefit from the aid, benefit or service that is not equal 63
to that afforded to students who do not have a disability; 64
(iii) Provide a qualified student with a disability with an aid, benefit 65
or service that is not as effective as that provided to students who do not 66
have a disability; 67
(iv) Provide different or separate aid, benefits or services to qualified 68
students with a disability or to any class of qualified students with a 69
disability unless such action is necessary to provide qualified students 70
with a disability with aid, benefits or services that are as effective as 71
those provided to students who do not have a disability; 72
(v) Aid or perpetuate discrimination against a qualified student with 73
a disability by providing significant assistance to an agency, 74
organization or person that discriminates on the basis of disability in 75
providing any aid, benefit or service to beneficiaries of the program or 76
activity; or 77
(vi) Otherwise limit a qualified student with a disability in the 78 Substitute Bill No. 7219
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enjoyment of any right, privilege, advantage or opportunity enjoyed by 79
students who do not have a disability receiving an aid, benefit or service. 80
(B) For purposes of this section and section 2 of this act, aids, benefits 81
and services, to be equally effective, are not required to produce the 82
identical result or level of achievement for qualified students with a 83
disability and students who do not have a disability, but shall afford 84
qualified students with a disability equal opportunity to obtain the same 85
result, to gain the same benefit or to reach the same level of achievement, 86
in the most integrated setting appropriate to the needs of qualified 87
students with a disability. 88
(C) Despite the existence of separate or different aid, benefits or 89
services provided in accordance with this section and section 2 of this 90
act, a local or regional board of education may not deny a qualified 91
student with a disability the opportunity to participate in such aid, 92
benefits or services that are not separate or different. 93
(D) A local or regional board of education may not, directly or 94
through contractual or other arrangements, utilize criteria or methods 95
of administration that (i) have the effect of subjecting qualified students 96
with a disability to discrimination on the basis of disability, (ii) have the 97
purpose or effect of defeating or substantially impairing 98
accomplishment of the objectives of the board's program or activity with 99
respect to qualified students with a disability, or (iii) perpetuate the 100
discrimination of another board of education if both boards are subject 101
to common administrative control. 102
(E) In determining the site or location of a facility, a local or regional 103
board of education may not select a site that (i) has the effect of 104
excluding qualified students with a disability from, denying them the 105
benefits of or otherwise subjecting them to discrimination under any 106
program or activity, or (ii) has the purpose or effect of defeating or 107
substantially impairing the accomplishment of the objectives of the 108
program or activity with respect to qualified students with a disability. 109
(3) The exclusion of students who do not have a disability from aid, 110 Substitute Bill No. 7219
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benefits or services limited by the Americans with Disabilities Act, 42 111
USC 12101 et seq., the Individuals with Disabilities Education Act, 20 112
USC 1400 et seq., as amended from time to time, or state law to qualified 113
students with a disability or the exclusion of a specific class of qualified 114
students with a disability from aid, benefits or services limited by said 115
Americans with Disabilities Act, Individuals with Disabilities Education 116
Act or state law to a different class of qualified students with a disability 117
is not prohibited by this section or section 2 of this act. 118
(d) A local or regional board of education shall submit an annual 119
assurance, on a form specified by the Commissioner of Education, that 120
the programs or activities of such board will be operated in compliance 121
with this section and section 2 of this act. 122
(e) (1) (A) If the Commissioner of Education finds that a local or 123
regional board of education has discriminated against students on the 124
basis of disability in violation of this section or section 2 of this act, such 125
board shall take such remedial action as the commissioner deems 126
necessary to overcome the effects of the discrimination. 127
(B) Where a local or regional board of education is found to have 128
discriminated against students on the basis of disability in violation of 129
this section or section 2 of this act, and where another board of education 130
exercises control over the board of education that has discriminated, the 131
commissioner, where appropriate, may require either or both boards to 132
take remedial action. 133
(C) The commissioner may, where necessary to overcome the effects 134
of discrimination in violation of this section or section 2 of this act, 135
require a local or regional board of education to take remedial action (i) 136
with respect to qualified students with a disability who are no longer 137
participants in such board's program or activity but who were 138
participants in the program or activity when such discrimination 139
occurred, or (ii) with respect to qualified students with a disability who 140
would have been participants in the program or activity had the 141
discrimination not occurred. 142 Substitute Bill No. 7219
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(2) A local or regional board of education may take steps, in addition 143
to any action that is required by this section, to overcome the effects of 144
conditions that resulted in limited participation in such board's program 145
or activity by qualified students with a disability. 146
(f) (1) Each local and regional board of education shall designate at 147
least one person to coordinate such board's efforts to comply with the 148
provisions of this section and section 2 of this act. 149
(2) Each local and regional board of education shall adopt grievance 150
procedures that incorporate appropriate due process standards and that 151
provide for the prompt and equitable resolution of complaints alleging 152
any action prohibited by this section or section 2 of this act. 153
(g) A local or regional board of education shall take appropriate 154
initial and continuing steps to notify the parents and guardians of 155
students enrolled in a school under the jurisdiction of such board that it 156
does not discriminate on the basis of disability in violation of this section 157
or section 2 of this act. The notification shall state that the board does 158
not discriminate in admission or access to, or treatment in, its program 159
or activity. The notification shall also include an identification of the 160
responsible employee designated pursuant to subdivision (1) of 161
subsection (f) of this section. Methods of notification may include the 162
posting of such information on the Internet web site of the board and in 163
all student handbooks and parent handbooks or manuals. 164
(h) The obligation to comply with this section or section 2 of this act 165
is not obviated or alleviated by the existence of any other state or local 166
law or other requirement that, on the basis of disability, imposes 167
prohibitions or limits upon the eligibility of qualified students with a 168
disability to receive services. 169
Sec. 2. (NEW) (Effective from passage) (a) The provisions of this section 170
and section 1 of this act apply to preschool, elementary, secondary and 171
adult education programs or activities provided or offered by a local or 172
regional board of education. 173 Substitute Bill No. 7219
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(b) A local or regional board of education that operates a program or 174
activity shall annually (1) undertake to identify and locate every 175
qualified student with a disability residing in such board's jurisdiction 176
who is not receiving a public education, and (2) take appropriate steps 177
to notify such qualified students with a disability and their parents or 178
guardians of such board's duty under this section. 179
(c) (1) A local or regional board of education that operates a program 180
or activity shall provide a free appropriate public education to each 181
qualified student with a disability who is in such board's jurisdiction, 182
regardless of the nature or severity of the student's disability. 183
(2) (A) For the purpose of this section, the provision of an appropriate 184
education is the provision of regular or special education and related 185
aids and services that (i) are designed to meet individual educational 186
needs of qualified students with a disability as adequately as the needs 187
of students who do not have a disability are met, and (ii) are based upon 188
adherence to procedures that satisfy the requirements of subsections (d) 189
to (f), inclusive, of this section. 190
(B) Implementation of an individualized education program 191
developed in accordance with the Individuals with Disabilities 192
Education Act, 20 USC 1419, as amended from time to time, and sections 193
10-76a to 10-76g, inclusive, of the general statutes, is one means of 194
meeting the standard established in subparagraph (A) of this 195
subdivision. 196
(C) A local or regional board of education may place a qualified 197
student with a disability or refer such qualified student with a disability 198
for aid, benefits or services other than those that it operates or provides 199
as its means of carrying out the requirements of this section, provided 200
such board remains responsible for ensuring that the requirements of 201
this section are met with respect to any qualified student with a 202
disability so placed or referred. 203
(3) (A) For the purpose of this subsection, the provision of a free 204
education is the provision of educational and related services without 205 Substitute Bill No. 7219
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cost to the qualified student with a disability or to the parents or 206
guardian of such qualified student with a disability, except for those fees 207
that are imposed on students who do not have a disability or their 208
parents or guardian. It may consist either of the provision of free 209
services or, if a local or regional board of education places a qualified 210
student with a disability or refers such qualified student with a 211
disability for aid, benefits or services not operated or provided by such 212
board as its means of carrying out the requirements of this section, of 213
payment for the costs of the aid, benefits or services. Funds available 214
from any public or private agency may be used to meet the requirements 215
of this section. Nothing in this subsection shall be construed to relieve 216
an insurer or similar third party from an otherwise valid obligation to 217
provide or pay for services provided to a qualified student with a 218
disability. 219
(B) If a local or regional board of education places or refers a qualified 220
student with a disability for aid, benefits or services not operated or 221
provided by such board as its means of carrying out the requirements 222
of this section, such board shall ensure that adequate transportation to 223
and from the aid, benefits or services is provided at no greater cost than 224
would be incurred by such qualified student with a disability or the 225
parents or guardian of such qualified student with a disability if such 226
qualified student with a disability were placed in the aid, benefits or 227
services operated by such board of education. 228
(C) If a public or private residential placement is necessary to provide 229
a free appropriate public education to a qualified student with a 230
disability because of such qualified student's disability, the placement, 231
including nonmedical care and room and board, shall be provided at no 232
cost to such qualified student with a disability or the parents or 233
guardian of such qualified student with a disability. 234
(D) If a local or regional board of education has made available, in 235
conformance with the requirements of this subsection and subsection 236
(d) of this section, a free appropriate public education to a qualified 237
student with a disability, and the parents or guardian of such qualified 238 Substitute Bill No. 7219
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student with a disability choose to place such qualified student with a 239
disability in a private school, such board is not required to pay for such 240
qualified student's education in the private school. Disagreements 241
between a parent or guardian and a local or regional board of education 242
regarding whether such board has made a free appropriate public 243
education available or otherwise regarding the question of financial 244
responsibility are subject to the due process procedures of subsection (f) 245
of this section. 246
(4) A local or regional board of education may not exclude any 247
qualified student with a disability from a public elementary or 248
secondary education. 249
(d) (1) A local or regional board of education to which this section 250
applies shall educate, or shall provide for the education of, each 251
qualified student with a disability in its jurisdiction with students who 252
do not have a disability to the maximum extent appropriate to the needs 253
of the qualified student with a disability. A local or regional board of 254
education shall place a qualified student with a disability in the regular 255
educational environment operated by such board unless it is 256
demonstrated by such board that the education of the qualified student 257
with a disability in the regular environment with the use of 258
supplementary aids and services cannot be achieved satisfactorily. 259
Whenever a local or regional board of education places a qualified 260
student with a disability in a setting other than the regular educational 261
environment pursuant to this subsection, it shall take into account the 262
proximity of the alternate setting to the home of such qualified student 263
with a disability. 264
(2) In providing or arranging for the provision of nonacademic and 265
extracurricular services and activities, including meals, recess periods 266
and the services and activities set forth in subparagraph (B) of 267
subdivision (1) of subsection (g) of this section, a local or regional board 268
of education shall ensure that qualified students with a disability 269
participate with students who do not have a disability in such activities 270
and services to the maximum extent appropriate to the needs of the 271 Substitute Bill No. 7219
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qualified student with a disability in question. 272
(3) If a local or regional board of education, in compliance with 273
subdivision (1) of this subsection, operates a facility that is identifiable 274
as being for qualified students with a disability, such board shall ensure 275
that the facility and the services and activities provided in the facility 276
are comparable to the other facilities, services and activities of such 277
board. 278
(e) (1) A local or regional board of education that operates a public 279
elementary or secondary education program or activity shall conduct an 280
evaluation in accordance with the requirements of subdivision (2) of this 281
subsection of any student who, because of disability, needs or is 282
believed to need special education or related services before taking any 283
action with respect to the initial placement of the student in regular or 284
special education and any subsequent significant change in placement. 285
(2) A local or regional board of education to which this section applies 286
shall establish standards and procedures for the evaluation and 287
placement of students who, because of disability, need or are believed 288
to need special education or related services that ensure that: 289
(A) Tests and other evaluation materials have been validated for the 290
specific purpose for which they are used and are administered by 291
trained personnel in conformance with the instructions provided by 292
their producer; 293
(B) Tests and other evaluation materials include those tailored to 294
assess specific areas of educational need and not merely those that are 295
designed to provide a single general intelligence quotient; and 296
(C) Tests are selected and administered so as best to ensure that, 297
when a test is administered to a student with impaired sensory, manual 298
or speaking skills, the test results accurately reflect the student's 299
aptitude or achievement level or whatever other factor the test purports 300
to measure, rather than reflecting the student's impaired sensory, 301
manual or speaking skills, except where such skills are the factors that 302 Substitute Bill No. 7219
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the test purports to measure. 303
(3) In interpreting evaluation data and in making placement 304
decisions, a local or regional board of education shall (A) draw upon 305
information from a variety of sources, including aptitude and 306
achievement tests, teacher recommendations, physical condition, social 307
or cultural background and adaptive behavior, (B) establish procedures 308
to ensure that information obtained from all such sources is documented 309
and carefully considered, (C) ensure that the placement decision is made 310
by a group of persons, including persons knowledgeable about the 311
student, the meaning of the evaluation data and the placement options, 312
and (D) ensure that the placement decision is made in conformity with 313
subsection (d) of this section. 314
(4) A local or regional board of education shall establish procedures, 315
in accordance with subdivision (2) of this subsection, for periodic 316
reevaluation of students who have been provided special education and 317
related services, which may include, but are not limited to, a 318
reevaluation procedure consistent with the Individuals with Disabilities 319
Education Act, 20 USC 1419, as amended from time to time. 320
(f) A local or regional board of education that operates a public 321
elementary or secondary education program or activity shall establish 322
and implement, with respect to actions regarding the identification, 323
evaluation or educational placement of students who, because of 324
disability, need or are believed to need special instruction or related 325
services, a system of procedural safeguards that includes notice, an 326
opportunity for the parents or guardian of the student to examine 327
relevant records, an impartial hearing with opportunity for 328
participation by such student's parents or guardian and representation 329
by counsel and a review procedure, which may include, but are not 330
limited to, compliance with the procedural safeguards of the 331
Individuals with Disabilities Education Act, 20 USC 1419, as amended 332
from time to time. 333
(g) (1) (A) A local or regional board of education shall provide 334 Substitute Bill No. 7219
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nonacademic and extracurricular services and activities in such manner 335
as is necessary to afford qualified students with a disability an equal 336
opportunity for participation in such services and activities. 337
(B) Nonacademic and extracurricular services and activities may 338
include counseling services, physical recreational athletics, 339
transportation, health services, recreational activities, special interest 340
groups or clubs sponsored by the local or regional board of education, 341
referrals to agencies that provide assistance to qualified students with a 342
disability and employment of qualified students with a disability, 343
including both employment by such board and assistance in making 344
available outside employment. 345
(2) A local or regional board of education that provides personal, 346
academic or vocational counseling, guidance or placement services to 347
its students shall provide such services without discrimination on the 348
basis of disability. Such board shall ensure that qualified students with 349
a disability are not counseled toward more restrictive career objectives 350
than are students who do not have a disability with similar interests and 351
abilities. 352
(3) (A) In providing physical education courses and athletics and 353
similar aid, benefits or services to any of its students, a local or regional 354
board of education may not discriminate on the basis of disability. A 355
local or regional board of education that offers physical education 356
courses or that operates or sponsors interscholastic, club or intramural 357
athletics shall provide to qualified students with a disability an equal 358
opportunity for participation. 359
(B) A local or regional board of education may offer to qualified 360
students with a disability physical education and athletic activities that 361
are separate or different from those offered to students who do not have 362
a disability only if separation or differentiation is consistent with the 363
requirements of subsection (d) of this section and only if no qualified 364
student with a disability is denied the opportunity to compete for teams 365
or participate in courses that are not separate or different. 366 Substitute Bill No. 7219
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(h) A local or regional board of education that provides preschool 367
education or child care services, as described in section 19a-77 of the 368
general statutes, or adult education may not, on the basis of disability, 369
exclude qualified students with a disability and shall take into account 370
the needs of such qualified students with a disability in determining the 371
aid, benefits or services to be provided. 372
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
ED Joint Favorable Subst.