Connecticut 2025 Regular Session

Connecticut Senate Bill SB01561 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 7246 1 of 63
4	4
5	5	General Assembly Raised Bill No. 1561
6	6	January Session, 2025
7	7	LCO No. 7246
8	8
9	9
10	10	Referred to Committee on SELECT COMMITTEE ON SPECIAL
11	11	EDUCATION
12	12
13	13
14	14	Introduced by:
15	15	(SED)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING RESOURCES FOR SPECIAL EDUCATION.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 10-76a of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective July 1, 2025): 2
26	26	Whenever used in sections 10-76a to 10-76i, inclusive, as amended by 3
27	27	this act, or sections 2 and 3 of this act: 4
28	28	(1) "Commissioner" means the Commissioner of Education. 5
29	29	(2) "Child" means any person twenty-two years of age or younger or, 6
30	30	for children requiring special education, until such child is graduated 7
31	31	from high school or at the end of the school year during which such 8
32	32	child reaches age twenty-two, whichever occurs first. 9
33	33	(3) An "exceptional child" means a child who deviates either 10
34	34	intellectually, physically or emotionally so markedly from normally 11
35	35	expected growth and development patterns that he or she is or will be 12
36	36	unable to progress effectively in a regular school program and needs a 13
37	37	Raised Bill No. 1561
38	38
39	39
40	40
41	41	LCO No. 7246 2 of 63
42	42
43	43	special class, special instruction or special services. 14
44	44	(4) "Special education" means specially designed instruction 15
45	45	developed in accordance with the regulations of the commissioner, 16
46	46	subject to approval by the State Board of Education offered at no cost to 17
47	47	parents or guardians, to meet the unique needs of a child with a 18
48	48	disability, including instruction conducted in the classroom, in the 19
49	49	home, in hospitals and institutions, and in other settings and instruction 20
50	50	in physical education and special classes, programs or services, 21
51	51	including related services, designed to meet the educational needs of 22
52	52	exceptional children. 23
53	53	(5) "A child requiring special education" means any exceptional child 24
54	54	who (A) meets the criteria for eligibility for special education pursuant 25
55	55	to the Individuals With Disabilities Education Act, 20 USC 1400, et seq., 26
56	56	as amended from time to time, (B) has extraordinary learning ability or 27
57	57	outstanding talent in the creative arts, the development of which 28
58	58	requires programs or services beyond the level of those ordinarily 29
59	59	provided in regular school programs but which may be provided 30
60	60	through special education as part of the public school program, or (C) is 31
61	61	age three to five, inclusive, and is experiencing developmental delay 32
62	62	that causes such child to require special education. 33
63	63	(6) "Developmental delay" means significant delay in one or more of 34
64	64	the following areas: (A) Physical development; (B) communication 35
65	65	development; (C) cognitive development; (D) social or emotional 36
66	66	development; or (E) adaptive development, as measured by appropriate 37
67	67	diagnostic instruments and procedures and demonstrated by scores 38
68	68	obtained on an appropriate norm-referenced standardized diagnostic 39
69	69	instrument. 40
70	70	(7) "Related services" means related services, as defined in the 41
71	71	Individuals With Disabilities Education Act, 20 USC 1400 et seq., as 42
72	72	amended from time to time. 43
73	73	(8) "Extraordinary learning ability" and "outstanding creative talent" 44
74	74	Raised Bill No. 1561
75	75
76	76
77	77
78	78	LCO No. 7246 3 of 63
79	79
80	80	shall be defined by regulation by the commissioner, subject to the 45
81	81	approval of the State Board of Education, after consideration by said 46
82	82	commissioner of the opinions of appropriate specialists and of the 47
83	83	normal range of ability and rate of progress of children in the 48
84	84	Connecticut public schools. 49
85	85	(9) "Charging entity" means an approved private provider of special 50
86	86	education services, regional educational service center, operator of an 51
87	87	interdistrict magnet school program, state charter school, a cooperative 52
88	88	arrangement pursuant to section 10-158a, a local or regional board of 53
89	89	education operating an outplacement program or as part of the state-54
90	90	wide interdistrict public school attendance program pursuant to section 55
91	91	10-266aa, or a provider of special education transportation services. 56
92	92	(10) "Provider of special education transportation services" means an 57
93	93	entity that contracts with a local or regional board of education to 58
94	94	provide transportation for students receiving special education and 59
95	95	related services in an educational placement or facility that is not under 60
96	96	the jurisdiction of such board of education, to and from the location of 61
97	97	such educational placement or facility. 62
98	98	(11) "Private provider of special education services" has the same 63
99	99	meaning as provided in section 10-91g. 64
100	100	(12) "Unilateral placement" means an educational placement for a 65
101	101	child requiring special education and related services that is not under 66
102	102	the jurisdiction of the local or regional board of education obligated to 67
103	103	provide special education and related services under sections 10-76b to 68
104	104	10-76i, inclusive, as amended by this act, made by the parent or guardian 69
105	105	of such child, or a surrogate parent of such child appointed pursuant to 70
106	106	section 10-94g, or such child if such child is an emancipated minor or 71
107	107	eighteen years of age or older, without the approval of the planning and 72
108	108	placement team because of a belief that such board of education is not 73
109	109	able to provide an appropriate educational program, and in which such 74
110	110	parent, guardian, surrogate parent or child is responsible for paying 75
111	111	Raised Bill No. 1561
112	112
113	113
114	114
115	115	LCO No. 7246 4 of 63
116	116
117	117	tuition and subsequently seeks financial reimbursement from such 76
118	118	board of education. 77
119	119	Sec. 2. (NEW) (Effective from passage) (a) The Office of Policy and 78
120	120	Management, in consultation with the Department of Education, shall 79
121	121	collect and analyze the tuition, rates and other fees for special education 80
122	122	and related services charged to local and regional boards of education 81
123	123	by a charging entity, as defined in section 10-76a of the general statutes, 82
124	124	as amended by this act. In analyzing such tuition, rates and other fees, 83
125	125	the office shall examine the operating expenses of the charging entities 84
126	126	and determine how such charging entities are incorporating such 85
127	127	operating expenses into the tuition, rates and other fees being charged 86
128	128	to local and regional boards of education. The office and department 87
129	129	shall determine which data shall be collected and the frequency of such 88
130	130	collection. 89
131	131	(b) For the purposes of the collection and analysis of tuition, rates and 90
132	132	other fees charged for special education and related services by a 91
133	133	charging entity, the office may request the Auditors of Public Accounts 92
134	134	to share any findings resulting from audits conducted pursuant to 93
135	135	section 10-91g of the general statutes. 94
136	136	Sec. 3. (NEW) (Effective July 1, 2025) (a) Not later than January 1, 2026, 95
137	137	the Office of Policy and Management, in consultation with the 96
138	138	Department of Education, shall establish a universal special education 97
139	139	and related services rate schedule for all special education and related 98
140	140	services provided by a charging entity. Such rate schedule shall be 99
141	141	developed using the information collected pursuant to section 2 of this 100
142	142	act relating to the tuition, rates and other fees charged for special 101
143	143	education and related services by a charging entity. Such rate schedule 102
144	144	shall include an individualized rate for each special education service 103
145	145	provided to a student pursuant to an individualized education program 104
146	146	and standards for how a charging entity may include its operating 105
147	147	expenses into the total costs for services charged to a local or regional 106
148	148	board of education. The office, in consultation with the department, 107
149	149	Raised Bill No. 1561
150	150
151	151
152	152
153	153	LCO No. 7246 5 of 63
154	154
155	155	shall, at least biennially, review such rate schedule and modify such rate 108
156	156	schedule as necessary. 109
157	157	(b) For the school year commencing July 1, 2026, and each school year 110
158	158	thereafter, all amounts charged to a local or regional board of education 111
159	159	for special education and related services by a charging entity shall be 112
160	160	in accordance with the universal special education and related services 113
161	161	rate schedule established pursuant to subsection (a) of this section. Any 114
162	162	amount charged to and paid by a local or regional board of education 115
163	163	that exceeds the amount prescribed in the rate schedule shall not be 116
164	164	eligible for reimbursement under section 10-76g of the general statutes, 117
165	165	as amended by this act, or section 8 of this act. Any charging entity that 118
166	166	charges an amount that exceeds the amounts prescribed in the rate 119
167	167	schedule shall be prohibited from accepting any additional students 120
168	168	from local and regional boards of education until such charging entity 121
169	169	charges in accordance with the rate schedule, and any students 122
170	170	receiving special education services from such charging entity may 123
171	171	continue to receive such services until the end of the school year if so 124
172	172	determined by the planning and placement team for such student or the 125
173	173	decision of a hearing officer. 126
174	174	(c) Not later than April 1, 2026, and biennially thereafter, the 127
175	175	Department of Education shall notify each local and regional board of 128
176	176	education of the universal special education and related services rate 129
177	177	schedule that will be effective for the school year commencing on July 130
178	178	first of the subsequent school year following the school year that such 131
179	179	notification is provided, except if the rate schedule is modified then such 132
180	180	notification shall be provided not later than thirty days following such 133
181	181	modification. 134
182	182	(d) Not later than April 1, 2026, and biennially thereafter or upon 135
183	183	modification of the universal special education and related services rate 136
184	184	schedule, the Department of Education shall post on its Internet web site 137
185	185	the universal special education and related services rate schedule that is 138
186	186	currently in effect and the rate schedule that will go into effect on July 139
187	187	Raised Bill No. 1561
188	188
189	189
190	190
191	191	LCO No. 7246 6 of 63
192	192
193	193	first of the subsequent school year. 140
194	194	Sec. 4. (Effective July 1, 2025) (a) Except as otherwise provided in 141
195	195	subsection (b) of this section, for the school year commencing July 1, 142
196	196	2025, no charging entity, as defined in section 10-76a of the general 143
197	197	statutes, as amended by this act, shall increase the amount charged to a 144
198	198	local or regional board of education for the provision of special 145
199	199	education and related services for a student during said school year. 146
200	200	(b) For the school year commencing July 1, 2025, the Secretary of the 147
201	201	Office of Policy and Management may permit, upon request, a charging 148
202	202	entity to increase the amount it charges for special education services to 149
203	203	a local or regional board of education if there is a substantial increase in 150
204	204	costs (1) for the services being provided for a student, or (2) of the 151
205	205	operation of such charging entity. The secretary shall prescribe the form 152
206	206	and manner in which a charging entity may make such request, 153
207	207	including any documentation such charging entity is to provide 154
208	208	showing such substantial increase in costs. The secretary shall review 155
209	209	each request and provide a written decision approving or denying such 156
210	210	request not later than forty-five days after receiving such request. 157
211	211	Sec. 5. Subsection (d) of section 10-76d of the general statutes is 158
212	212	repealed and the following is substituted in lieu thereof (Effective July 1, 159
213	213	2025): 160
214	214	(d) To meet its obligations under sections 10-76a to 10-76g, inclusive, 161
215	215	as amended by this act, any local or regional board of education may 162
216	216	make agreements with another such board or subject to the consent of 163
217	217	the parent or guardian of any child affected thereby, make agreements, 164
218	218	or on and after July 1, 2019, enter into a contract with any private 165
219	219	provider of special education services, as defined in section 10-91g, 166
220	220	private school, or public or private agency or institution, including a 167
221	221	group home, to provide the necessary programs or services, but no 168
222	222	expenditures made pursuant to a contract with a private provider of 169
223	223	special education services, private school, agency or institution for such 170
224	224	Raised Bill No. 1561
225	225
226	226
227	227
228	228	LCO No. 7246 7 of 63
229	229
230	230	special education shall be paid under the provisions of section 10-76g, 171
231	231	as amended by this act, unless (1) such contract includes a description 172
232	232	of the educational program and other treatment the child is to receive, a 173
233	233	statement of minimal goals and objectives which it is anticipated such 174
234	234	child will achieve, an estimated time schedule for returning the child to 175
235	235	the community or transferring such child to another appropriate facility, 176
236	236	and an explanation of how the tuition, [or costs] rates or other fees 177
237	237	charged for services provided under the agreement or contract are to be 178
238	238	calculated in accordance with the universal special education and 179
239	239	related services rate schedule established pursuant to section 3 of this 180
240	240	act, (2) subject to the provisions of this subsection, the educational needs 181
241	241	of the child for whom such special education is being provided cannot 182
242	242	be met by public school arrangements in the opinion of the 183
243	243	commissioner who, before granting approval of such contract for 184
244	244	purposes of payment, shall consider such factors as the particular needs 185
245	245	of the child, the appropriateness and efficacy of the program offered by 186
246	246	such private school, agency or institution, and the economic feasibility 187
247	247	of comparable alternatives, and (3) commencing with the 1987-1988 188
248	248	school year and for each school year thereafter, each such private 189
249	249	provider of special education services, private school, agency or 190
250	250	institution has been approved for special education by the 191
251	251	Commissioner of Education or by the appropriate agency for facilities 192
252	252	located out of state, except as provided in subsection (b) of this section. 193
253	253	Notwithstanding the provisions of subdivision (2) of this subsection or 194
254	254	any regulations adopted by the State Board of Education setting 195
255	255	placement priorities, placements pursuant to this section and payments 196
256	256	under section 10-76g, as amended by this act, may be made pursuant to 197
257	257	such a contract if the public arrangements are more costly than the 198
258	258	private provider of special education services, private school, institution 199
259	259	or agency, provided the private provider of special education services, 200
260	260	private school, institution or agency meets the educational needs of the 201
261	261	child and its program is appropriate and efficacious. Any payment 202
262	262	under the provisions of section 10-76g, as amended by this act, or section 203
263	263	8 of this act shall include all expenditures incurred by a local or regional 204
264	264	Raised Bill No. 1561
265	265
266	266
267	267
268	268	LCO No. 7246 8 of 63
269	269
270	270	board of education pursuant to a contract with a private provider of 205
271	271	special education services, private school, agency or institution [,] that 206
272	272	is in accordance with the universal special education and related 207
273	273	services rate schedule and to the extent permitted under said [section] 208
274	274	sections, during the school year in which such private provider of 209
275	275	special education services, private school, agency or institution 210
276	276	provided such services, even if such private provider of special 211
277	277	education services, private school, agency or institution is approved for 212
278	278	special education by the Commissioner of Education during such school 213
279	279	year. [Notwithstanding the provisions of this subsection to the contrary, 214
280	280	nothing in this subsection shall (A) require the removal of a child from 215
281	281	a nonapproved facility if the child was placed there prior to July 7, 1987, 216
282	282	pursuant to the determination of a planning and placement team that 217
283	283	such a placement was appropriate and such placement was approved 218
284	284	by the Commissioner of Education, or (B) prohibit the placement of a 219
285	285	child at a nonapproved facility if a planning and placement team 220
286	286	determines prior to July 7, 1987, that the child be placed in a 221
287	287	nonapproved facility for the 1987-1988 school year.] Each child placed 222
288	288	in a nonapproved facility [as described in subparagraphs (A) and (B) of 223
289	289	subdivision (3) of this subsection] may continue at [the] such 224
290	290	nonapproved facility provided [the planning and placement team or] a 225
291	291	hearing officer appointed pursuant to section 10-76h, as amended by 226
292	292	this act, or a court determines that [the] such placement [is appropriate] 227
293	293	provides an appropriate public education and that there is not another 228
294	294	charging entity able to offer a placement for such child that provides an 229
295	295	appropriate public education. Expenditures incurred by any local or 230
296	296	regional board of education [to maintain children in] as a result of such 231
297	297	placement in such nonapproved facilities [as described in said 232
298	298	subparagraphs (A) and (B) shall] may be paid pursuant to the provisions 233
299	299	of section 10-76g, as amended by this act, and section 8 of this act. Any 234
300	300	local or regional board of education may enter into a contract with the 235
301	301	owners or operators of any sheltered workshop or rehabilitation center 236
302	302	for provision of an education occupational training program for 237
303	303	children requiring special education who are at least sixteen years of 238
304	304	Raised Bill No. 1561
305	305
306	306
307	307
308	308	LCO No. 7246 9 of 63
309	309
310	310	age, provided such workshop or institution shall have been approved 239
311	311	by the appropriate state agency. Whenever any child is identified by a 240
312	312	local or regional board of education as a child requiring special 241
313	313	education and such board of education determines that the 242
314	314	requirements for special education could be met by a program provided 243
315	315	within the district or by agreement with another board of education 244
316	316	except for the child's need for services other than educational services 245
317	317	such as medical, psychiatric or institutional care or services, such board 246
318	318	of education may meet its obligation to furnish special education for 247
319	319	such child by paying the reasonable cost of special education instruction 248
320	320	in a private provider of special education services, private school, 249
321	321	hospital or other institution provided such board of education or the 250
322	322	commissioner concurs that placement in such institution is necessary 251
323	323	and proper and no state institution is available to meet such child's 252
324	324	needs. Any such private provider of special education services, private 253
325	325	school, hospital or other institution receiving such reasonable cost of 254
326	326	special education instruction by such board of education shall submit 255
327	327	all required documentation to such board of education for purposes of 256
328	328	submitting claims to the Medicaid School Based Child Health Program 257
329	329	administered by the Department of Social Services. 258
330	330	Sec. 6. (NEW) (Effective July 1, 2025) For purposes of determining the 259
331	331	reasonable costs associated with the provision of special education and 260
332	332	related services pursuant to subdivision (7) of subsection (d) of section 261
333	333	10-66ee of the general statutes, subsection (d) of section 10-76d of the 262
334	334	general statutes, as amended by this act, section 10-76g of the general 263
335	335	statutes, as amended by this act, subsection (a) of section 10-76i of the 264
336	336	general statutes, subsection (b) of section 10-253 of the general statutes, 265
337	337	subsection (h) of section 10-264l of the general statutes and subsection 266
338	338	(i) of section 10-266aa of the general statutes, (1) on and after July 1, 2026, 267
339	339	"reasonable costs" means the amount allowed to be charged to a local or 268
340	340	regional board of education by a charging entity, as defined in section 269
341	341	10-76a of the general statutes, as amended by this act, under the 270
342	342	universal special education and related services rate schedule 271
343	343	Raised Bill No. 1561
344	344
345	345
346	346
347	347	LCO No. 7246 10 of 63
348	348
349	349	established pursuant to section 3 of this act for the provision of special 272
350	350	education and related services pursuant to a student's individualized 273
351	351	education program, and (2) on and after July 1, 2025, there shall be no 274
352	352	presumption that "reasonable costs" means the actual cost incurred for 275
353	353	the provision of special education and related services pursuant to a 276
354	354	student's individualized education program. 277
355	355	Sec. 7. Subsection (b) of section 10-76g of the general statutes is 278
356	356	repealed and the following is substituted in lieu thereof (Effective July 1, 279
357	357	2025): 280
358	358	(b) Any local or regional board of education which provides special 281
359	359	education pursuant to the provisions of sections 10-76a to 10-76g, 282
360	360	inclusive, as amended by this act, for any exceptional child described in 283
361	361	subparagraph (A) of subdivision (5) of section 10-76a, as amended by 284
362	362	this act, under its jurisdiction, excluding (1) children placed by a state 285
363	363	agency for whom a board of education receives payment pursuant to 286
364	364	the provisions of subdivision (2) of subsection (e) of section 10-76d, and 287
365	365	(2) children who require special education, who reside on state-owned 288
366	366	or leased property, and who are not the educational responsibility of the 289
367	367	unified school districts established pursuant to sections 17a-37 and 18-290
368	368	99a, shall be financially responsible for the reasonable costs of special 291
369	369	education instruction, as defined in the regulations of the State Board of 292
370	370	Education, in an amount equal to, for the fiscal year commencing July 1, 293
371	371	2023, and each fiscal year thereafter, four and one-half times the net 294
372	372	current expenditures per pupil of such board of education, except, for 295
373	373	the fiscal year ending June 30, 2026, and each fiscal year thereafter, three 296
374	374	times the net current expenditures per pupil of such board of education 297
375	375	for two fiscal years for each child who was previously outplaced by such 298
376	376	board and for whom such board is now providing direct in-district 299
377	377	special education and related services without the assistance of any 300
378	378	third-party contractor who is not an employee of such board. Except as 301
379	379	otherwise provided in subsection (d) of this section, the State Board of 302
380	380	Education shall, within available appropriations, pay on a current basis 303
381	381	any costs in excess of the local or regional board's basic contribution 304
382	382	Raised Bill No. 1561
383	383
384	384
385	385
386	386	LCO No. 7246 11 of 63
387	387
388	388	paid by such board in accordance with the provisions of this subsection. 305
389	389	Any amounts paid by the State Board of Education on a current basis 306
390	390	pursuant to this subsection shall not be reimbursable in the subsequent 307
391	391	year. Application for such grant shall be made by filing with the 308
392	392	Department of Education, in such manner as prescribed by the 309
393	393	commissioner, annually on or before December first a statement of the 310
394	394	cost of providing special education pursuant to this subsection, 311
395	395	provided a board of education may submit, not later than March first, 312
396	396	claims for additional children or costs not included in the December 313
397	397	filing. Payment by the state for such excess costs shall be made to the 314
398	398	local or regional board of education as follows: Seventy-five per cent of 315
399	399	the cost in February and the balance in May. The amount due each town 316
400	400	pursuant to the provisions of this subsection shall be paid to the 317
401	401	treasurer of each town entitled to such aid, provided the treasurer shall 318
402	402	treat such grant, or a portion of the grant, which relates to special 319
403	403	education expenditures incurred in excess of such town's board of 320
404	404	education budgeted estimate of such expenditures, as a reduction in 321
405	405	expenditures by crediting such expenditure account, rather than town 322
406	406	revenue. Such expenditure account shall be so credited no later than 323
407	407	thirty days after receipt by the treasurer of necessary documentation 324
408	408	from the board of education indicating the amount of such special 325
409	409	education expenditures incurred in excess of such town's board of 326
410	410	education budgeted estimate of such expenditures. 327
411	411	Sec. 8. (NEW) (Effective July 1, 2025) (a) As used in this section: 328
412	412	(1) "Base aid ratio" has the same meaning as provided in section 10-329
413	413	262f of the general statutes. 330
414	414	(2) "Foundation" has the same meaning as provided in section 10-262f 331
415	415	of the general statutes. 332
416	416	(3) "Resident students" has the same meaning as provided in section 333
417	417	10-262f of the general statutes. 334
418	418	(4) "Special education need students" means fifty per cent of the 335
419	419	Raised Bill No. 1561
420	420
421	421
422	422
423	423	LCO No. 7246 12 of 63
424	424
425	425	number of resident students who are children requiring special 336
426	426	education and related services, as such terms are defined in section 10-337
427	427	76a of the general statutes, as amended by this act. 338
428	428	(5) "Fully funded grant" means the product of a town's base aid ratio, 339
429	429	the foundation and the town's special education need students for the 340
430	430	fiscal year prior to the year in which the grant is to be paid. 341
431	431	(b) For the fiscal year ending June 30, 2026, and each fiscal year 342
432	432	thereafter, each board of education for a town maintaining public 343
433	433	schools according to law shall be entitled to a special education offset 344
434	434	grant in an amount equal to its fully funded grant. 345
435	435	(c) For the fiscal year ending June 30, 2026, and each fiscal year 346
436	436	thereafter, the board of education for a town shall be paid a special 347
437	437	education offset grant equal to the amount such board is entitled to 348
438	438	receive under the provisions of subsection (b) of this section. Such grant 349
439	439	shall be calculated using the data of record as of the December first prior 350
440	440	to the fiscal year such grant is to be paid, adjusted for the difference 351
441	441	between the final entitlement for the prior fiscal year and the 352
442	442	preliminary entitlement for such fiscal year as calculated using the data 353
443	443	of record as of the December first prior to the fiscal year when such grant 354
444	444	was paid. 355
445	445	(d) The amount due each board of education pursuant to the 356
446	446	provisions of subsection (c) of this section shall be paid by the 357
447	447	Comptroller, upon certification of the Commissioner of Education, to 358
448	448	the board of education for each town entitled to such aid in installments 359
449	449	during the fiscal year as follows: Twenty-five per cent of the grant in 360
450	450	October, twenty-five per cent of the grant in January and the balance of 361
451	451	the grant in April. The balance of the grant due boards under the 362
452	452	provisions of this subsection shall be paid in March rather than April to 363
453	453	any board that has not adopted the uniform fiscal year and that would 364
454	454	not otherwise receive such final payment within the fiscal year of such 365
455	455	board. 366
456	456	Raised Bill No. 1561
457	457
458	458
459	459
460	460	LCO No. 7246 13 of 63
461	461
462	462	(e) (1) All aid distributed to a board of education pursuant to the 367
463	463	provisions of this section shall be expended for special education 368
464	464	purposes only. For the fiscal year ending June 30, 2026, and each fiscal 369
465	465	year thereafter, if a board receives an increase in funds pursuant to this 370
466	466	section over the amount it received for the prior fiscal year, such 371
467	467	increase shall not be used to supplant funding for special education 372
468	468	purposes. The budgeted appropriation for special education for any 373
469	469	board receiving an increase in funds pursuant to this section shall be not 374
470	470	less than the amount appropriated for special education for the prior 375
471	471	year plus such increase in funds. For purposes of this subsection, 376
472	472	"special education purposes" means the direct provision of special 377
473	473	education and related services to students, academic and behavioral 378
474	474	interventions, the hiring and salaries of special education teachers, 379
475	475	paraeducators and behavioral and reading specialists who work 380
476	476	directly with students, equipment purchases and maintenance and 381
477	477	curriculum materials. "Special education purposes" does not include 382
478	478	any (A) administrative functions or operating expenses related to the 383
479	479	provision of special education and related services, or (B) special 384
480	480	education and related services provided by any third-party contractor. 385
481	481	(2) Upon a determination by the State Board of Education that a local 386
482	482	or regional board of education failed in any fiscal year to meet the 387
483	483	requirements pursuant to subdivision (1) of this subsection, the board 388
484	484	of education shall forfeit an amount equal to two times the amount of 389
485	485	the shortfall. The amount so forfeited shall be withheld by the 390
486	486	Department of Education from the grant payable to the board of 391
487	487	education in the second fiscal year immediately following such failure 392
488	488	by deducting such amount from the board of education's special 393
489	489	education offset grant payment pursuant to this section. 394
490	490	Notwithstanding the provisions of this subdivision, the State Board of 395
491	491	Education may waive such forfeiture upon agreement with the board of 396
492	492	education that the board of education shall increase its appropriation for 397
493	493	special education during the fiscal year in which the forfeiture would 398
494	494	occur by an amount not less than the amount of said forfeiture or for 399
495	495	Raised Bill No. 1561
496	496
497	497
498	498
499	499	LCO No. 7246 14 of 63
500	500
501	501	other good cause shown. 400
502	502	(f) Not later than July 15, 2026, and annually thereafter, each local and 401
503	503	regional board of education shall submit an annual expenditure report 402
504	504	to the Commissioner of Education, except any board of education that 403
505	505	receives a grant under this section that is less than ten thousand dollars 404
506	506	in any fiscal year shall not be responsible for submitting such report for 405
507	507	such fiscal year. Such report shall include a summary and itemization of 406
508	508	how grant funds received pursuant to this section were expended 407
509	509	during the prior fiscal year for the direct provision of special education 408
510	510	and related services to students, including whether such grant was used 409
511	511	to hire any new special education teachers, paraeducators or behavioral 410
512	512	or reading specialists. 411
513	513	Sec. 9. (NEW) (Effective July 1, 2025) (a) For the fiscal year ending June 412
514	514	30, 2026, and each fiscal year thereafter, the Office of Policy and 413
515	515	Management shall administer a special education transportation grant 414
516	516	program to reimburse local and regional boards of education in an 415
517	517	amount that is proportional to the amount of each board's special 416
518	518	education transportation costs. A local or regional board of education 417
519	519	may apply for a grant under this section in a form and manner 418
520	520	prescribed by the office. 419
521	521	(b) The office shall distribute grants from a total amount not to exceed 420
522	522	fifty million dollars annually to local and regional boards of education 421
523	523	for the purpose of providing such reimbursements, except the office 422
524	524	may expend less than fifty million dollars in a fiscal year if the office is 423
525	525	able to demonstrate savings through consolidation of contracting, 424
526	526	implementation of cost-saving measures or any other efficiency. 425
527	527	(c) The office may request any information that the office deems 426
528	528	necessary for the administration of the grant program from the 427
529	529	Department of Transportation or any local or regional board of 428
530	530	education that receives a grant under this section. 429
531	531	Sec. 10. (Effective July 1, 2025) (a) The sum of fifty million dollars is 430
532	532	Raised Bill No. 1561
533	533
534	534
535	535
536	536	LCO No. 7246 15 of 63
537	537
538	538	appropriated to the Office of Policy and Management from the Special 431
539	539	Transportation Fund, for the fiscal year ending June 30, 2026, for 432
540	540	administration of the special education transportation grant program 433
541	541	pursuant to section 9 of this act. 434
542	542	(b) The sum of fifty million dollars is appropriated to the Office of 435
543	543	Policy and Management from the Special Transportation Fund, for the 436
544	544	fiscal year ending June 30, 2027, for administration of the special 437
545	545	education transportation grant program pursuant to section 9 of this act. 438
546	546	Sec. 11. (NEW) (Effective July 1, 2025) (a) The Department of 439
547	547	Transportation shall develop recommended coordinated bus routes for 440
548	548	all special education students traveling to and from special education 441
549	549	outplacements in the state. Such recommended coordinated bus routes 442
550	550	shall be developed to maximize efficiency and reduce expenses in the 443
551	551	provision of special education and related services and be in accordance 444
552	552	with state and federal law. 445
553	553	(b) Each local and regional board of education shall provide to the 446
554	554	department any data that the department deems necessary in order to 447
555	555	develop the recommended coordinated bus routes. Any local or 448
556	556	regional board of education that fails to provide the data requested by 449
557	557	the department under this subsection shall not be eligible to receive a 450
558	558	special education transportation grant pursuant to section 9 of this act. 451
559	559	A local or regional board of education may collaborate with other local 452
560	560	and regional boards of education to assist the department in the 453
561	561	development of such recommended coordinated bus routes. 454
562	562	(c) No local or regional board of education shall be required to utilize 455
563	563	a recommended coordinated bus route as part of its obligation to 456
564	564	provide special education and related services under sections 10-76a to 457
565	565	10-76g, inclusive, of the general statutes, as amended by this act. 458
566	566	Sec. 12. (NEW) (Effective July 1, 2025) (a) For the fiscal year ending 459
567	567	June 30, 2027, and each fiscal year thereafter, the Department of 460
568	568	Education shall, within available appropriations, administer a 461
569	569	Raised Bill No. 1561
570	570
571	571
572	572
573	573	LCO No. 7246 16 of 63
574	574
575	575	competitive grant program for local and regional boards of education to 462
576	576	support in-district or regional special education programming and 463
577	577	services for students with disabilities. Grants awarded to local and 464
578	578	regional boards of education under the program may be used (1) to 465
579	579	enhance and improve existing special education programming and 466
580	580	services in the school district or start-up costs related to the creation of 467
581	581	in-district or regional special education programming and services for 468
582	582	students who are currently enrolled in a program operated by a 469
583	583	provider of special education services, as defined in section 10-91g of 470
584	584	the general statutes, (2) for planning and operational expenses related 471
585	585	to such in-district or regional special education programming and 472
586	586	services, and (3) for the provision of early interventions for students 473
587	587	with dyslexia and multilingual learners. 474
588	588	(b) The Commissioner of Education shall develop the application to 475
589	589	be used by local and regional boards of education in applying for a grant 476
590	590	under this section. The application shall include, but need not be limited 477
591	591	to, a description of (1) the program location, (2) the student population 478
592	592	who will be served by the programming and services, (3) the staffing 479
593	593	needs for the programming and services, (4) any assistive technology 480
594	594	and materials necessary to implement the programming and services, 481
595	595	(5) any capital improvement needs, (6) the budget allocation for the 482
596	596	programming and services, and (7) any professional development 483
597	597	necessary for implementation of the programming and services. A local 484
598	598	or regional board of education shall submit such application in a form 485
599	599	and manner prescribed by the Commissioner of Education. 486
600	600	(c) The commissioner shall develop criteria for reviewing and 487
601	601	approving grant applications. Such criteria shall be based upon (1) 488
602	602	increasing students' access to high-quality general education 489
603	603	instruction, and (2) enhancing in-district or regional programming for 490
604	604	students with intensive needs, including giving priority to a board of 491
605	605	education for a town designated as an alliance district pursuant to 492
606	606	section 10-262u of the general statutes. 493
607	607	Raised Bill No. 1561
608	608
609	609
610	610
611	611	LCO No. 7246 17 of 63
612	612
613	613	(d) Any local or regional board of education that receives a grant 494
614	614	under this section shall not expend such grant on special education 495
615	615	programming and services provided pursuant to a contract with a third 496
616	616	party or a private provider of special education services. 497
617	617	(e) Not later than September 30, 2027, and annually thereafter, any 498
618	618	local or regional board of education that has received a grant under the 499
619	619	program in the prior fiscal year shall submit a report to the 500
620	620	commissioner that assesses the impact of the grant on student outcomes 501
621	621	and district expenditures. The report shall contain any information and 502
622	622	data requested by the commissioner. 503
623	623	(f) Not later than December 31, 2027, and annually thereafter, the 504
624	624	department shall submit a report on the progress of the program to the 505
625	625	joint standing committee of the General Assembly having cognizance of 506
626	626	matters relating to education, in accordance with the provisions of 507
627	627	section 11-4a of the general statutes. 508
628	628	Sec. 13. Section 10-285a of the general statutes is amended by adding 509
629	629	subsection (l) as follows (Effective July 1, 2025): 510
630	630	(NEW) (l) If a school building project for a new building or for the 511
631	631	renovation or expansion of an existing building includes plans for the 512
632	632	expansion or creation of in-district special education programming and 513
633	633	services, the percentage determined pursuant to this section shall be 514
634	634	increased by fifteen percentage points, but shall not exceed one hundred 515
635	635	per cent, for the portion of the project used primarily for such purpose, 516
636	636	provided the portion of such school building project that will be used 517
637	637	primarily for such in-district special education programming and 518
638	638	services shall be a part of a school building that is being used to provide 519
639	639	a program of general education for nonspecial education students and 520
640	640	is a part of the school building being constructed or renovated or 521
641	641	expanded; and, provided further, any additional funding received by 522
642	642	the local or regional board of education resulting from and related to the 523
643	643	inclusion of such plans for the expansion or creation of in-district special 524
644	644	Raised Bill No. 1561
645	645
646	646
647	647
648	648	LCO No. 7246 18 of 63
649	649
650	650	education programming and services shall be expended for such 525
651	651	construction or renovation or expansion. 526
652	652	Sec. 14. Subsection (b) of section 10-283 of the general statutes is 527
653	653	repealed and the following is substituted in lieu thereof (Effective July 1, 528
654	654	2025): 529
655	655	(b) Notwithstanding the application date requirements of this 530
656	656	section, at any time within the limit of available grant authorization and 531
657	657	within the limit of appropriated funds, the Commissioner of 532
658	658	Administrative Services, in consultation with the Commissioner of 533
659	659	Education, may approve applications for grants and make payments for 534
660	660	such grants, for any of the following reasons: [(A)] (1) To assist school 535
661	661	building projects to remedy damage from fire and catastrophe, [(B)] (2) 536
662	662	to correct safety, health and other code violations, [(C)] (3) to replace 537
663	663	roofs, including the replacement or installation of skylights as part of 538
664	664	the roof replacement project, [(D)] (4) to remedy a certified school 539
665	665	indoor air quality emergency, [(E)] (5) to install insulation for exterior 540
666	666	walls and attics, [or (F)] (6) to purchase and install a limited use and 541
667	667	limited access elevator, windows, photovoltaic panels, wind generation 542
668	668	systems, building management systems or portable classroom 543
669	669	buildings, provided portable classroom building projects shall not 544
670	670	create a new facility or cause an existing facility to be modified so that 545
671	671	the portable buildings comprise a substantial percentage of the total 546
672	672	facility area, as determined by the commissioner, or (7) on and after July 547
673	673	1, 2026, to assist a local or regional board of education in making minor 548
674	674	capital improvements to the portion of an existing school building that 549
675	675	will be used primarily for the purpose of providing special education 550
676	676	and related services to students in the least restrictive environment, 551
677	677	provided such existing school building is also being used to provide a 552
678	678	program of general education for nonspecial education students. 553
679	679	Sec. 15. (Effective from passage) (a) Not later than January 1, 2026, the 554
680	680	Department of Administrative Services shall notify each local and 555
681	681	regional board of education that such board may apply for a school 556
682	682	Raised Bill No. 1561
683	683
684	684
685	685
686	686	LCO No. 7246 19 of 63
687	687
688	688	building project grant under subdivision (7) of subsection (b) of section 557
689	689	10-283 of the general statutes, as amended by this act, for minor capital 558
690	690	improvements to existing school buildings for the purpose of providing 559
691	691	special education and related services to students. 560
692	692	(b) Not later than January 1, 2026, the Department of Administrative 561
693	693	Services shall develop criteria for prioritizing projects described in 562
694	694	subdivision (7) of subsection (b) of section 10-283 of the general statutes, 563
695	695	as amended by this act, for grants under said subdivision. The 564
696	696	department shall include such criteria in the notice provided to local and 565
697	697	regional boards of education under subsection (a) of this section. 566
698	698	Sec. 16. (NEW) (Effective July 1, 2025) Any local or regional board of 567
699	699	education, regional educational service center, operator of an 568
700	700	interdistrict magnet school program, governing authority of a state 569
701	701	charter school, private provider of special education and related 570
702	702	services, as defined in section 10-91g of the general statutes, or any other 571
703	703	entity described in subsection (d) of section 10-76d of the general 572
704	704	statutes, as amended by this act, that provides special education or 573
705	705	related services to a student for which another local or regional board of 574
706	706	education is financially responsible for such services, shall return to 575
707	707	such other board a prorated portion of funds, calculated to the end of 576
708	708	the school year, paid by such other board for such special education and 577
709	709	related services if, during the school year, such student transitions out 578
710	710	of or withdraws from the program of special education and related 579
711	711	services provided by such board, center, magnet school program, state 580
712	712	charter school, private provider or other entity and enrolls in a school 581
713	713	under such other board or in another school district. 582
714	714	Sec. 17. (NEW) (Effective July 1, 2025) Any local or regional board of 583
715	715	education, regional educational service center, operator of an 584
716	716	interdistrict magnet school program, governing authority of a state 585
717	717	charter school, private provider of special education and related 586
718	718	services, as defined in section 10-91g of the general statutes, technical 587
719	719	education or career school, or any other entity described in subsection 588
720	720	Raised Bill No. 1561
721	721
722	722
723	723
724	724	LCO No. 7246 20 of 63
725	725
726	726	(d) of section 10-76d of the general statutes, as amended by this act, that 589
727	727	is providing special education or related services to a student, shall, 590
728	728	prior to such student transitioning out of or withdrawing from such 591
729	729	program of special education and related services, convene a meeting of 592
730	730	the planning and placement team for the purposes of addressing such 593
731	731	student's transition or withdrawal to ensure that such student's 594
732	732	individualized education program will continue to contain the supports 595
733	733	and services that such student requires in order to access a free and 596
734	734	appropriate public education in the least restrictive environment. 597
735	735	Sec. 18. (NEW) (Effective July 1, 2025) (a) Not later than December 1, 598
736	736	2026, the Office of Policy and Management, in consultation with the 599
737	737	Department of Education, shall develop, and update not less than 600
738	738	annually thereafter, a listing of each special education program offered 601
739	739	by any (1) regional educational service center, (2) private provider of 602
740	740	special education, as defined in section 10-91g of the general statutes, 603
741	741	approved by the Commissioner of Education, or (3) local or regional 604
742	742	board of education that accepts out-of-district student placements. Such 605
743	743	listing shall specify for each program the types of services provided and 606
744	744	the physical location where such program offers special education. 607
745	745	(b) Not later than January 15, 2027, and upon receipt of an updated 608
746	746	list of special education programs from the Office of Policy and 609
747	747	Management, the Department of Education shall post such list to the 610
748	748	online public database maintained by the department on its Internet 611
749	749	web site and send such list to each local and regional board of education 612
750	750	in the state. 613
751	751	Sec. 19. Subsection (d) of section 10-76d of the general statutes is 614
752	752	repealed and the following is substituted in lieu thereof (Effective July 1, 615
753	753	2025): 616
754	754	(d) To meet its obligations under sections 10-76a to 10-76g, inclusive, 617
755	755	as amended by this act, any local or regional board of education may 618
756	756	make agreements with another such board or, subject to the consent of 619
757	757	Raised Bill No. 1561
758	758
759	759
760	760
761	761	LCO No. 7246 21 of 63
762	762
763	763	the parent or guardian of any child affected thereby, [make agreements, 620
764	764	or on and after July 1, 2019,] or enter into a contract with any private 621
765	765	provider of special education services, as defined in section 10-91g, 622
766	766	[private school, or public or private agency or institution, including a 623
767	767	group home] to provide the necessary programs or services, [but no] 624
768	768	provided such agreement or contract is approved by the Office of Policy 625
769	769	and Management. Each local or regional board of education in making 626
770	770	such agreement or entering into such contract shall comply with the 627
771	771	following, as applicable to each agreement or contract: 628
772	772	(1) No expenditures made pursuant to a contract with a private 629
773	773	provider of special education services [, private school, agency or 630
774	774	institution] for such special education shall be paid under the provisions 631
775	775	of section 10-76g, as amended by this act, unless [(1)] (A) such contract 632
776	776	includes a description of the educational program and other treatment 633
777	777	the child is to receive, a statement of minimal goals and objectives which 634
778	778	it is anticipated such child will achieve, an estimated time schedule for 635
779	779	returning the child to the community or transferring such child to 636
780	780	another appropriate facility, and an explanation of how the tuition or 637
781	781	costs for services provided under the [agreement or] contract are to be 638
782	782	calculated, [(2)] (B) subject to the provisions of this subsection, the 639
783	783	educational needs of the child for whom such special education is being 640
784	784	provided cannot be met by public school arrangements in the opinion 641
785	785	of the commissioner who, before granting approval of such contract for 642
786	786	purposes of payment, shall consider such factors as the particular needs 643
787	787	of the child, the appropriateness and efficacy of the program offered by 644
788	788	such private [school, agency or institution] provider of special education 645
789	789	services, and the economic feasibility of comparable alternatives, [and 646
790	790	(3) commencing with the 1987-1988 school year and for each school year 647
791	791	thereafter,] (C) each such private provider of special education services 648
792	792	[, private school, agency or institution] has been approved for special 649
793	793	education by the Commissioner of Education or by the appropriate 650
794	794	agency for facilities located out of state, except as provided in subsection 651
795	795	(b) of this section, and (D) for the school year commencing July 1, 2026, 652
796	796	Raised Bill No. 1561
797	797
798	798
799	799
800	800	LCO No. 7246 22 of 63
801	801
802	802	and each school year thereafter, such local or regional board of 653
803	803	education submits to the commissioner the documentation used by such 654
804	804	board to determine that such private provider of special education 655
805	805	services is more appropriate for the educational needs of the child for 656
806	806	whom special education is being provided than any public school 657
807	807	arrangement. Notwithstanding the provisions of [subdivision (2)] 658
808	808	subparagraph (B) of this [subsection] subdivision or any regulations 659
809	809	adopted by the State Board of Education setting placement priorities, 660
810	810	placements pursuant to this section and payments under section 10-76g, 661
811	811	as amended by this act, may be made pursuant to such a contract if the 662
812	812	public arrangements are more costly than the private provider of special 663
813	813	education services, [private school, institution or agency,] provided the 664
814	814	private provider of special education services [, private school, 665
815	815	institution or agency] meets the educational needs of the child and its 666
816	816	program is appropriate and efficacious. Any payment under the 667
817	817	provisions of section 10-76g, as amended by this act, shall include all 668
818	818	expenditures incurred by a local or regional board of education 669
819	819	pursuant to a contract with a private provider of special education 670
820	820	services, [private school, agency or institution,] to the extent permitted 671
821	821	under said section, during the school year in which such private 672
822	822	provider of special education services [, private school, agency or 673
823	823	institution] provided such services, even if such private provider of 674
824	824	special education services [, private school, agency or institution] is 675
825	825	approved for special education by the Commissioner of Education 676
826	826	during such school year. [Notwithstanding the provisions of this 677
827	827	subsection to the contrary, nothing in this subsection shall (A) require 678
828	828	the removal of a child from a nonapproved facility if the child was 679
829	829	placed there prior to July 7, 1987, pursuant to the determination of a 680
830	830	planning and placement team that such a placement was appropriate 681
831	831	and such placement was approved by the Commissioner of Education, 682
832	832	or (B) prohibit the placement of a child at a nonapproved facility if a 683
833	833	planning and placement team determines prior to July 7, 1987, that the 684
834	834	child be placed in a nonapproved facility for the 1987-1988 school year. 685
835	835	Each child placed in a nonapproved facility as described in 686
836	836	Raised Bill No. 1561
837	837
838	838
839	839
840	840	LCO No. 7246 23 of 63
841	841
842	842	subparagraphs (A) and (B) of subdivision (3) of this subsection may 687
843	843	continue at the facility provided the planning and placement team or 688
844	844	hearing officer appointed pursuant to section 10-76h determines that the 689
845	845	placement is appropriate. Expenditures incurred by any local or 690
846	846	regional board of education to maintain children in nonapproved 691
847	847	facilities as described in said subparagraphs (A) and (B) shall be paid 692
848	848	pursuant to the provisions of section 10-76g.] 693
849	849	(2) Any local or regional board of education may enter into a contract 694
850	850	with the owners or operators of any sheltered workshop or 695
851	851	rehabilitation center for provision of an education occupational training 696
852	852	program for children requiring special education who are at least 697
853	853	sixteen years of age, provided such workshop or institution shall have 698
854	854	been approved by the appropriate state agency. 699
855	855	(3) Whenever any child is identified by a local or regional board of 700
856	856	education as a child requiring special education and such board of 701
857	857	education determines that the requirements for special education could 702
858	858	be met by a program provided within the district or by agreement with 703
859	859	another board of education except for the child's need for services other 704
860	860	than educational services such as medical, psychiatric or institutional 705
861	861	care or services, such board of education may meet its obligation to 706
862	862	furnish special education for such child by paying the reasonable cost of 707
863	863	special education instruction in a private provider of special education 708
864	864	services, private school, hospital or other institution provided such 709
865	865	board of education or the commissioner concurs that placement in such 710
866	866	institution is necessary and proper and no state institution is available 711
867	867	to meet such child's needs. Any such private provider of special 712
868	868	education services, private school, hospital or other institution receiving 713
869	869	such reasonable cost of special education instruction by such board of 714
870	870	education shall submit all required documentation to such board of 715
871	871	education for purposes of submitting claims to the Medicaid School 716
872	872	Based Child Health Program administered by the Department of Social 717
873	873	Services. 718
874	874	Raised Bill No. 1561
875	875
876	876
877	877
878	878	LCO No. 7246 24 of 63
879	879
880	880	Sec. 20. (Effective July 1, 2025) (a) The Office of Policy and 719
881	881	Management shall develop licensure standards for private providers of 720
882	882	special education services, as defined in section 10-91g of the general 721
883	883	statutes, in the state that shall include, but need not be limited to, (1) the 722
884	884	application and review process for such licensure, (2) periods for initial 723
885	885	licensure and license renewal, (3) minimum requirements based on the 724
886	886	type of special education services provided, and (4) a fee of five 725
887	887	thousand dollars for each application for initial licensure and one 726
888	888	thousand five hundred dollars for each application for a license renewal. 727
889	889	(b) Not later than January 1, 2026, the Secretary of the Office of Policy 728
890	890	and Management shall submit, in accordance with the provisions of 729
891	891	section 11-4a of the general statutes, to the joint standing committee of 730
892	892	the General Assembly having cognizance of matters relating to 731
893	893	education the licensure standards developed pursuant to subsection (a) 732
894	894	of this section and any legislative recommendations to implement such 733
895	895	standards. 734
896	896	Sec. 21. Section 10-74u of the general statutes is repealed and the 735
897	897	following is substituted in lieu thereof (Effective July 1, 2025): 736
898	898	(a) The Department of Education shall conduct audits of special 737
899	899	education programs in randomly selected school districts each year to 738
900	900	oversee the implementation of the Individuals with Disabilities 739
901	901	Education Act, 20 USC 1400 et seq., as amended from time to time. Such 740
902	902	audits shall include, but need not be limited to, (1) interviewing teachers 741
903	903	and staff who provide special education services and parents or 742
904	904	guardians of children requiring special education, (2) conducting 743
905	905	unannounced on-site visits to observe classroom practice and any other 744
906	906	facet of the administration or provision of special education services in 745
907	907	order to ensure compliance with individual education plans and all state 746
908	908	and federal law and guidance, and (3) reviewing individualized 747
909	909	education programs. 748
910	910	(b) (1) On and after July 1, 2027, the Department of Education shall 749
911	911	Raised Bill No. 1561
912	912
913	913
914	914
915	915	LCO No. 7246 25 of 63
916	916
917	917	conduct annual unannounced on-site visits of each site at which a 750
918	918	regional educational service center is providing special education 751
919	919	services or a private provider of special education services, as defined 752
920	920	in section 10-91g, is providing special education services pursuant to a 753
921	921	contract with a local or regional board of education for such school year, 754
922	922	whether or not such private provider of special education services is 755
923	923	approved by the Commissioner of Education pursuant to the provisions 756
924	924	of subsection (d) of section 10-76d, as amended by this act. Such site visit 757
925	925	shall include, but need not be limited to, (A) review of documentation 758
926	926	of employee qualifications and compliance with certification and in-759
927	927	service training requirements relevant to each employee, (B) review of 760
928	928	proof of completion of a criminal history and child abuse and neglect 761
929	929	registry check for each employee pursuant to sections 10-221d or 10-762
930	930	232a to 10-232d, inclusive, as amended by this act, and (C) 763
931	931	administration of a questionnaire to the parents or legal guardians of 764
932	932	students receiving special education services from such regional 765
933	933	educational service center or private provider of special education 766
934	934	services concerning the quality of such services. 767
935	935	(2) Not later than ten business days following such site visit, the 768
936	936	Commissioner of Education shall notify such regional educational 769
937	937	service center or private provider of special education services in 770
938	938	writing of the findings from such site visit and any required corrective 771
939	939	actions. 772
940	940	(3) Each regional educational service center or private provider of 773
941	941	special education services that receives written findings of a site visit 774
942	942	with required corrective actions shall submit to the department written 775
943	943	proof of compliance with such corrective actions not later than thirty 776
944	944	days following receipt of such written findings. Any regional 777
945	945	educational service center or private provider of special education 778
946	946	services that does not submit such proof of compliance by such deadline 779
947	947	shall be fined not more than one hundred dollars per day for each day 780
948	948	of noncompliance with the provisions of this subdivision. 781
949	949	Raised Bill No. 1561
950	950
951	951
952	952
953	953	LCO No. 7246 26 of 63
954	954
955	955	(4) No local or regional board of education shall place any additional 782
956	956	student for the provision of special education services with a regional 783
957	957	educational service center or private provider of special education 784
958	958	services that is not in compliance with the provisions of subdivision (3) 785
959	959	of this subsection. 786
960	960	(5) Not later than fifteen days following the submission or receipt of 787
961	961	the written records required pursuant to this subsection, the department 788
962	962	shall, in a manner that complies with the requirements of the Family 789
963	963	Educational Rights and Privacy Act, 20 USC 1232g, as amended from 790
964	964	time to time, post such written record to the online public database 791
965	965	maintained by the department on its Internet web site and send such 792
966	966	written record to each local or regional board of education that has 793
967	967	placed a student for the provision of special education services with the 794
968	968	regional educational service center or the private provider of special 795
969	969	education services that is the subject of such written record. 796
970	970	Sec. 22. Section 10-232a of the general statutes is repealed and the 797
971	971	following is substituted in lieu thereof (Effective July 1, 2025): 798
972	972	(a) As used in this section and sections 10-232b and 10-232c, 799
973	973	"nongovernmental school operator" means an operator of an 800
974	974	interdistrict magnet school that is a third-party not-for-profit 801
975	975	corporation approved by the Commissioner of Education, the 802
976	976	governing council of a state or local charter school, an endowed or 803
977	977	incorporated academy approved by the State Board of Education 804
978	978	pursuant to section 10-34, a special education facility approved by the 805
979	979	State Board of Education pursuant to section 10-76d, as amended by this 806
980	980	act, the supervisory agent of a nonpublic school, [or] a cooperative 807
981	981	arrangement pursuant to section 10-158a and a private provider of 808
982	982	special education services, as defined in section 10-91g. 809
983	983	(b) Each nongovernmental school operator shall, subject to the 810
984	984	provisions of section 31-51i, (1) require each applicant for a position with 811
985	985	such nongovernmental school operator to state, in writing, whether 812
986	986	Raised Bill No. 1561
987	987
988	988
989	989
990	990	LCO No. 7246 27 of 63
991	991
992	992	such applicant has ever been convicted of a crime or whether criminal 813
993	993	charges are pending against such applicant at the time of such 814
994	994	application and, if charges are pending, to state the charges and the 815
995	995	court in which such charges are pending, (2) require each applicant to 816
996	996	submit to a records check of the Department of Children and Families 817
997	997	child abuse and neglect registry established pursuant to section 17a-818
998	998	101k, before such applicant may be hired by such nongovernmental 819
999	999	school operator, and (3) on and after July 1, 2019, require, subject to the 820
1000	1000	provisions of subsection (e) of this section, each applicant for a position 821
1001	1001	with such nongovernmental school operator to submit to state and 822
1002	1002	national criminal history records checks within thirty days from the date 823
1003	1003	of employment and may require, subject to the provisions of subsection 824
1004	1004	(e) of this section, any person hired prior to said date to submit to state 825
1005	1005	and national criminal history records checks. The criminal history 826
1006	1006	records checks required by this subsection shall be conducted in 827
1007	1007	accordance with section 29-17a, the federal National Child Protection 828
1008	1008	Act of 1993 and the federal Volunteers for Children Act of 1998. If the 829
1009	1009	nongovernmental school operator receives notice of a conviction of a 830
1010	1010	crime which has not previously been disclosed by such person to the 831
1011	1011	nongovernmental school operator, the nongovernmental school 832
1012	1012	operator may (A) terminate the contract of a certified employee, in 833
1013	1013	accordance with the provisions of section 10-151, if applicable, and (B) 834
1014	1014	dismiss a noncertified employee, provided such employee is notified of 835
1015	1015	the reason for such dismissal. If the nongovernmental school operator 836
1016	1016	receives notice of a conviction of a crime by a person holding a 837
1017	1017	certificate, authorization or permit issued by the State Board of 838
1018	1018	Education, the nongovernmental school operator shall send such notice 839
1019	1019	to the State Board of Education. The provisions of this subsection shall 840
1020	1020	not be construed to cause a nongovernmental school operator to 841
1021	1021	disseminate the results of any national criminal history records check. 842
1022	1022	(c) If a nongovernmental school operator requests, a regional 843
1023	1023	educational service center shall arrange for the fingerprinting of any 844
1024	1024	person required to submit to state and national criminal history records 845
1025	1025	Raised Bill No. 1561
1026	1026
1027	1027
1028	1028
1029	1029	LCO No. 7246 28 of 63
1030	1030
1031	1031	checks pursuant to this section or for conducting any other method of 846
1032	1032	positive identification required by the State Police Bureau of 847
1033	1033	Identification or the Federal Bureau of Investigation and shall forward 848
1034	1034	such fingerprints or other positive identifying information to the State 849
1035	1035	Police Bureau of Identification which shall conduct criminal history 850
1036	1036	records checks in accordance with section 29-17a, the federal National 851
1037	1037	Child Protection Act of 1993 and the federal Volunteers for Children Act 852
1038	1038	of 1998. Such regional educational service center shall maintain such 853
1039	1039	fingerprints or other positive identifying information, which may be in 854
1040	1040	an electronic format, for a period of four years, at the end of which such 855
1041	1041	fingerprints and positive identifying information shall be destroyed. 856
1042	1042	The State Police Bureau of Identification shall provide the results of such 857
1043	1043	checks to such nongovernmental school operator. No regional 858
1044	1044	educational service center shall charge a fee for services under this 859
1045	1045	subsection that exceeds any fee that the center may charge any applicant 860
1046	1046	for a position with such center. 861
1047	1047	(d) State and national criminal history records checks for substitute 862
1048	1048	teachers completed within one year prior to the date of employment 863
1049	1049	with a nongovernmental school operator and submitted to the 864
1050	1050	employing nongovernmental school operator shall meet the 865
1051	1051	requirements of subsection (b) of this section. A nongovernmental 866
1052	1052	school operator shall not require substitute teachers to submit to state 867
1053	1053	and national criminal history records checks pursuant to subsection (b) 868
1054	1054	of this section if they are continuously employed by such 869
1055	1055	nongovernmental school operator, provided a substitute teacher is 870
1056	1056	subjected to such checks at least once every five years. For purposes of 871
1057	1057	this section, substitute teachers shall be deemed to be continuously 872
1058	1058	employed by a nongovernmental school operator if they are employed 873
1059	1059	at least one day of each school year by such nongovernmental school 874
1060	1060	operator. 875
1061	1061	(e) The provisions of this section shall not apply to (1) a student 876
1062	1062	employed by the nongovernmental school operator that operates a 877
1063	1063	school which the student attends, or (2) a person employed by a 878
1064	1064	Raised Bill No. 1561
1065	1065
1066	1066
1067	1067
1068	1068	LCO No. 7246 29 of 63
1069	1069
1070	1070	nongovernmental school operator as a teacher for a noncredit adult class 879
1071	1071	or adult education activity, as defined in section 10-67, who is not 880
1072	1072	required to hold a teaching certificate pursuant to section 10-145b for his 881
1073	1073	or her position. 882
1074	1074	(f) Notwithstanding the provisions of subsection (g) of section 31-51i, 883
1075	1075	and to the extent permissible under state and federal laws regarding the 884
1076	1076	dissemination of criminal history records, the State Board of Education 885
1077	1077	shall, upon request of a nongovernmental school operator, make 886
1078	1078	available to such nongovernmental school operator requesting 887
1079	1079	information concerning an applicant for a position with such 888
1080	1080	nongovernmental school operator, (1) any information concerning the 889
1081	1081	applicant's eligibility for employment in a position with such 890
1082	1082	nongovernmental school operator requiring a certificate, authorization 891
1083	1083	or permit issued pursuant to chapter 166, (2) whether the department 892
1084	1084	has knowledge that the applicant has been disciplined for a finding of 893
1085	1085	abuse or neglect or sexual misconduct, as defined in section 10-222c, and 894
1086	1086	any information concerning such a finding, and (3) whether the 895
1087	1087	department has received notification that the applicant has been 896
1088	1088	convicted of a crime or of criminal charges pending against the 897
1089	1089	applicant and any information concerning such charges. The provisions 898
1090	1090	of this subsection shall not be construed to cause the state board to 899
1091	1091	investigate any such request or disseminate the results of any national 900
1092	1092	criminal history records check. 901
1093	1093	Sec. 23. (NEW) (Effective July 1, 2025) Each regional educational 902
1094	1094	service center and private provider of special education services, as 903
1095	1095	defined in section 10-91g of the general statutes, shall send written 904
1096	1096	notification to the parent or legal guardian of a student receiving special 905
1097	1097	education services, the local or regional board of education that has 906
1098	1098	placed such student with such regional educational service center or 907
1099	1099	private provider for the provision of special education services and the 908
1100	1100	Department of Education regarding all staffing changes that impact the 909
1101	1101	provision of such special education services, including, but not limited 910
1102	1102	to, vacancies, long-term absences and assignments of long-term 911
1103	1103	Raised Bill No. 1561
1104	1104
1105	1105
1106	1106
1107	1107	LCO No. 7246 30 of 63
1108	1108
1109	1109	substitutes, not later than five business days from the occurrence of such 912
1110	1110	staffing change. Such written notice shall include, but need not be 913
1111	1111	limited to, specification of (1) any change in services provided by 914
1112	1112	specialists, (2) any change to student to teacher ratios, and (3) the plan 915
1113	1113	to mitigate the impact of such staffing change on such student. As used 916
1114	1114	in this section, "long-term" means ten or more consecutive school days. 917
1115	1115	Sec. 24. Section 10-76d of the general statutes is amended by adding 918
1116	1116	subsection (j) as follows (Effective July 1, 2025): 919
1117	1117	(NEW) (j) No local or regional board of education, interdistrict 920
1118	1118	magnet school operator, governing council of a state or local charter 921
1119	1119	school or private provider of special education services, as defined in 922
1120	1120	section 10-91g, that receives an out-of-district placement of a student 923
1121	1121	who receives special education services through an agreement or 924
1122	1122	contract with a sending local or regional board of education pursuant to 925
1123	1123	subsection (d) of this section or section 10-91j, as amended by this act, 926
1124	1124	shall transfer such student to any other school or facility unless (1) upon 927
1125	1125	the request of a parent or guardian of such student, or such student if 928
1126	1126	such student is eighteen years of age or older or an emancipated minor, 929
1127	1127	the sending local or regional board of education holds a planning and 930
1128	1128	placement team meeting for the purpose of determining the 931
1129	1129	appropriateness of such transfer, and (2) the planning and placement 932
1130	1130	team determines that such transfer is more appropriate for the 933
1131	1131	educational needs of such student than the current out-of-district 934
1132	1132	placement. A representative of the local or regional board of education, 935
1133	1133	interdistrict magnet school operator, governing council of a state or local 936
1134	1134	charter school or private provider of special education services that has 937
1135	1135	received such out-of-district student placement shall be invited to 938
1136	1136	attend and participate in such planning and placement team meeting, 939
1137	1137	but may not request that such planning and placement team meeting be 940
1138	1138	held. 941
1139	1139	Sec. 25. (NEW) (Effective July 1, 2025) The Department of Education 942
1140	1140	shall establish a model contract for the placement of a student with a 943
1141	1141	Raised Bill No. 1561
1142	1142
1143	1143
1144	1144
1145	1145	LCO No. 7246 31 of 63
1146	1146
1147	1147	private provider of special education services, as defined in section 10-944
1148	1148	91g of the general statutes, approved by the Commissioner of Education 945
1149	1149	for special education. Not later than July 1, 2026, the department shall 946
1150	1150	make such model contract available to local and regional boards of 947
1151	1151	education in the state for use by such boards to enter into a contract with 948
1152	1152	such private provider of special education services pursuant to section 949
1153	1153	10-76d, as amended by this act, or 10-91j of the general statutes, as 950
1154	1154	amended by this act. 951
1155	1155	Sec. 26. (Effective July 1, 2025) Not later than January 1, 2026, the 952
1156	1156	Department of Education, in consultation with the Office of the Child 953
1157	1157	Advocate, shall develop and post on the special education data system 954
1158	1158	developed by the department (1) guidance for local and regional boards 955
1159	1159	of education concerning circumstances in which a placement in a 956
1160	1160	residential facility is appropriate for a student requiring services in 957
1161	1161	addition to special education services, and (2) information and resources 958
1162	1162	for parents and legal guardians of students requiring special education 959
1163	1163	concerning inclusion in school. 960
1164	1164	Sec. 27. (NEW) (Effective from passage) Not later than July 1, 2025, and 961
1165	1165	annually thereafter, each local and regional board of education shall 962
1166	1166	report to the Department of Education each placement of a student 963
1167	1167	receiving special education services for which such board is paying any 964
1168	1168	portion of the cost. Such report shall include (1) whether such placement 965
1169	1169	is a result of a decision of a planning and placement team meeting, a 966
1170	1170	settlement agreement or a special education hearing pursuant to section 967
1171	1171	10-76h of the general statutes, as amended by this act, (2) whether such 968
1172	1172	placement is with an approved or nonapproved private provider of 969
1173	1173	special education services, regional educational service center, operator 970
1174	1174	of an interdistrict magnet school program, state charter school, a 971
1175	1175	cooperative arrangement pursuant to section 10-158a of the general 972
1176	1176	statutes, a local or regional board of education operating an 973
1177	1177	outplacement program or as part of the state-wide interdistrict public 974
1178	1178	school attendance program pursuant to section 10-266aa of the general 975
1179	1179	statutes, (3) the amount being paid by such board, (4) the special 976
1180	1180	Raised Bill No. 1561
1181	1181
1182	1182
1183	1183
1184	1184	LCO No. 7246 32 of 63
1185	1185
1186	1186	education services being provided, (5) the location of the facility at 977
1187	1187	which such special education services are being provided, and (6) any 978
1188	1188	other information requested by the department. The department shall 979
1189	1189	disaggregate and report such information, in a manner that complies 980
1190	1190	with the requirements of the Family Educational Rights and Privacy 981
1191	1191	Act, 20 USC 1232g, as amended from time to time, on the special 982
1192	1192	education data system developed by the department. 983
1193	1193	Sec. 28. (NEW) (Effective July 1, 2025) (a) As used in this section: 984
1194	1194	(1) "Functional behavior assessment" means a systematic process of 985
1195	1195	gathering and analyzing data to identify the reasons for a student's 986
1196	1196	challenging behavior, and 987
1197	1197	(2) "Challenging behavior" has the same meaning as provided in 988
1198	1198	section 10-222aa of the general statutes. 989
1199	1199	(b) Prior to placing any student in an out-of-district placement due to 990
1200	1200	the challenging behavior of such student, each local and regional board 991
1201	1201	of education shall conduct a functional behavior assessment of such 992
1202	1202	student and develop or update a behavioral intervention plan for such 993
1203	1203	student, except such assessment and plan shall not be required if the 994
1204	1204	time required to conduct such assessment or develop or update such 995
1205	1205	plan would put at risk the safety of such student or any other students 996
1206	1206	or staff at such student's school. 997
1207	1207	(c) Not later than September 1, 2025, the Department of Education 998
1208	1208	shall develop guidance for local and regional boards of education to 999
1209	1209	determine circumstances in which the time required to conduct a 1000
1210	1210	functional behavior assessment and develop or update a behavioral 1001
1211	1211	intervention plan would put at risk the safety of any student or school 1002
1212	1212	staff. 1003
1213	1213	Sec. 29. (NEW) (Effective July 1, 2025) On and after September 1, 2025, 1004
1214	1214	the individualized education program for any child with a behavioral 1005
1215	1215	goal listed on such child's individualized education program shall 1006
1216	1216	Raised Bill No. 1561
1217	1217
1218	1218
1219	1219
1220	1220	LCO No. 7246 33 of 63
1221	1221
1222	1222	specify one or more corresponding services to help such child achieve 1007
1223	1223	such goal. 1008
1224	1224	Sec. 30. Section 2-137 of the general statutes is amended by adding 1009
1225	1225	subsection (n) as follows (Effective July 1, 2025): 1010
1226	1226	(NEW) (n) (1) Not later than January 1, 2027, the Transforming 1011
1227	1227	Children's Behavioral Health Policy and Planning Committee shall 1012
1228	1228	submit a report, in accordance with the provisions of section 11-4a, to 1013
1229	1229	the joint standing committee of the General Assembly having 1014
1230	1230	cognizance of matters relating to education. Such report shall consist of 1015
1231	1231	the committee's examination of and recommendations for behavioral 1016
1232	1232	health issues impacting students in the state receiving special education 1017
1233	1233	that includes, but is not limited to, the following: 1018
1234	1234	(A) The behavioral intervention methods utilized by private 1019
1235	1235	providers of special education services and the feasibility and impact of 1020
1236	1236	requiring such private providers to utilize evidence-based interventions 1021
1237	1237	that are proactive and highly individualized, such as the Assessment of 1022
1238	1238	Lagging Skills and Unsolved Problems, including, but not limited to, the 1023
1239	1239	feasibility and impact of requiring staff at such private providers to be 1024
1240	1240	trained in such evidence-based interventions with an emphasis on 1025
1241	1241	problem-solving as the primary goal; and 1026
1242	1242	(B) Best practices for the monitoring and audit by the Department of 1027
1243	1243	Education of the use of physical restraint and seclusion pursuant to 1028
1244	1244	section 10-236b for students receiving special education, including, but 1029
1245	1245	not limited to, best practices for (i) ensuring the accuracy and 1030
1246	1246	consistency of the annual compilation of incidents of physical restraint 1031
1247	1247	and seclusions reported to the department pursuant to subsection (l) of 1032
1248	1248	said section, (ii) intervention by the department in schools and special 1033
1249	1249	education programs that report a high incidence of physical restraint 1034
1250	1250	and seclusion, (iii) enforcement of the laws relating to physical restraint 1035
1251	1251	and seclusion, such as through site visits of seclusion spaces and review 1036
1252	1252	of incident reports and parental notifications, (iv) mandatory training of 1037
1253	1253	Raised Bill No. 1561
1254	1254
1255	1255
1256	1256
1257	1257	LCO No. 7246 34 of 63
1258	1258
1259	1259	staff and administrators to reduce reliance on physical restraint and 1038
1260	1260	seclusion, and (v) development of uniform rules or regulations 1039
1261	1261	applicable to physical restraint and seclusion of any student. 1040
1262	1262	(2) The Department of Education shall submit, in a manner that 1041
1263	1263	complies with the requirements of the Family Educational Rights and 1042
1264	1264	Privacy Act, 20 USC 1232g, as amended from time to time, all data and 1043
1265	1265	information requested by the committee in compiling the report. 1044
1266	1266	Sec. 31. Section 36 of public act 23-167 is repealed and the following 1045
1267	1267	is substituted in lieu thereof (Effective from passage): 1046
1268	1268	(a) There is established the Building Educational Responsibility with 1047
1269	1269	Greater Improvement Networks Commission. The commission shall 1048
1270	1270	study (1) issues relating to education funding entitled to local and 1049
1271	1271	regional boards of education, charter schools and operators of 1050
1272	1272	interdistrict magnet school programs under the provisions of section 10-1051
1273	1273	262h of the general statutes, and section 10-66ee of the general statutes, 1052
1274	1274	(2) accountability measures for (A) alliance districts, (B) charter schools, 1053
1275	1275	and (C) interdistrict magnet school programs, (3) the adequacy of 1054
1276	1276	financial reporting by (A) local and regional boards of education, 1055
1277	1277	including financial reporting associated with participation in the state-1056
1278	1278	wide interdistrict public school attendance program, established 1057
1279	1279	pursuant to section 10-266aa of the general statutes, (B) the governing 1058
1280	1280	councils of state and local charter schools and charter management 1059
1281	1281	organizations, and (C) operators of interdistrict magnet school 1060
1282	1282	programs, and (4) the financial impact of interdistrict magnet school 1061
1283	1283	programs, charter schools and the state-wide interdistrict public school 1062
1284	1284	attendance program on local and regional boards of education, 1063
1285	1285	including, but not limited to, equalization aid grant amounts, 1064
1286	1286	transportation costs, special education services and other general 1065
1287	1287	educational costs for children who reside in the school district but do 1066
1288	1288	not attend a school under the jurisdiction of the board of education for 1067
1289	1289	such school district. 1068
1290	1290	Raised Bill No. 1561
1291	1291
1292	1292
1293	1293
1294	1294	LCO No. 7246 35 of 63
1295	1295
1296	1296	(b) (1) The portion of such study regarding issues relating to 1069
1297	1297	education funding entitled to local and regional boards of education, 1070
1298	1298	charter schools and interdistrict magnet schools shall include, but need 1071
1299	1299	not be limited to, an analysis of and recommendations relating to (A) 1072
1300	1300	the compensation, benefits, retention and recruitment of teachers, 1073
1301	1301	paraprofessionals and social workers, (B) restrictions on the use of any 1074
1302	1302	additional funds received pursuant to section 10-262h of the general 1075
1303	1303	statutes, (C) reporting requirements for school districts receiving 1076
1304	1304	additional funds provided under the provisions of section 10-262h of the 1077
1305	1305	general statutes, (D) optimal class sizes, and (E) the inclusion of special 1078
1306	1306	education as a need factor in the equalization aid grant formula under 1079
1307	1307	section 10-262h of the general statutes. 1080
1308	1308	(2) The portion of such study regarding alliance districts shall 1081
1309	1309	include, but need not be limited to, (A) an analysis of the process by 1082
1310	1310	which alliance district plans are developed by boards of education and 1083
1311	1311	are reviewed and approved by the Commissioner of Education, and 1084
1312	1312	recommendations for narrowing the focus of or replacing such plans, 1085
1313	1313	(B) a consideration of the removal of the withholding of a portion of an 1086
1314	1314	alliance district's equalization aid grant under section 10-262u of the 1087
1315	1315	general statutes, as amended by [this act] public act 23-167, as amended 1088
1316	1316	by this act, (C) the feasibility of creating independent financial audits of 1089
1317	1317	the expenditures under the entire budget of boards of education for 1090
1318	1318	alliance districts, (D) the feasibility of requiring boards of education for 1091
1319	1319	alliance districts to hold hearings on interventions and make annual 1092
1320	1320	evaluations of any new programming established in the school district, 1093
1321	1321	(E) a consideration of establishing guidelines for the hiring of 1094
1322	1322	nonclassroom personnel, and (F) a consideration of interventions that 1095
1323	1323	the Department of Education may take in regard to the operations of an 1096
1324	1324	alliance district. 1097
1325	1325	(3) The portion of such study regarding charter schools shall include, 1098
1326	1326	but need not be limited to, (A) the feasibility of allowing for a full grade 1099
1327	1327	expansion of existing charters, including grade expansion, (B) an 1100
1328	1328	examination of the impact of moratoriums on the granting of new 1101
1329	1329	Raised Bill No. 1561
1330	1330
1331	1331
1332	1332
1333	1333	LCO No. 7246 36 of 63
1334	1334
1335	1335	charters, as well as the approval of new interdistrict magnet school 1102
1336	1336	programs, (C) a consideration of the duration of the length of a charter's 1103
1337	1337	validity, and (D) an examination of the charter renewal process, 1104
1338	1338	including the standards used by the State Board of Education during its 1105
1339	1339	determination of whether to renew a charter and the creation of an 1106
1340	1340	accountability scale. 1107
1341	1341	(4) The portion of such study regarding interdistrict magnet schools 1108
1342	1342	shall include, but need not be limited to, oversight policies for 1109
1343	1343	interdistrict magnet school programs operated by regional education 1110
1344	1344	service centers relating to tuition increases, enrollment and funding 1111
1345	1345	caps. 1112
1346	1346	(c) (1) The commission shall conduct a needs-based study to 1113
1347	1347	determine if additional special education programs and services are 1114
1348	1348	required in the state to meet student demand. In conducting such needs-1115
1349	1349	based study, the commission shall review approved and nonapproved 1116
1350	1350	public and private special education schools and the programs and 1117
1351	1351	services provided by such schools. The Department of Education shall 1118
1352	1352	comply with all data and information requests made by the commission. 1119
1353	1353	The commission shall develop and recommend a new methodology that 1120
1354	1354	the Department of Education, in consultation with the Office of Policy 1121
1355	1355	and Management, shall use when reviewing applications submitted by 1122
1356	1356	a private provider of special education services to become an approved 1123
1357	1357	private provider of special education services, including application and 1124
1358	1358	applicant criteria. The commission may form a subcommittee of the 1125
1359	1359	commission to perform such needs-based study. 1126
1360	1360	(2) The commission shall study and consider recommendations for 1127
1361	1361	the creation of a peer review process for the special education program 1128
1362	1362	in each school district that will review each school district periodically 1129
1363	1363	in an effort to share best practices to duplicate or model in other school 1130
1364	1364	districts with similar special education and student needs. 1131
1365	1365	(3) The commission shall examine the current utilization and 1132
1366	1366	Raised Bill No. 1561
1367	1367
1368	1368
1369	1369
1370	1370	LCO No. 7246 37 of 63
1371	1371
1372	1372	implementation of Tier 2 interventions of multitiered systems of 1133
1373	1373	supports and scientific research-based interventions in public schools, 1134
1374	1374	and identify any potential benefits of implementing Tier 2 interventions 1135
1375	1375	and any barriers to such implementation and make recommendations 1136
1376	1376	to improve such implementation of Tier 2 interventions. As part of such 1137
1377	1377	examination, the commission shall consider, at a minimum, (A) 1138
1378	1378	requiring the Department of Education to revise existing guidelines 1139
1379	1379	concerning multitiered systems of support, response to intervention, 1140
1380	1380	and scientific research-based interventions to include current research 1141
1381	1381	and best practices, (B) requiring mandated training and certification of 1142
1382	1382	the staff supervising and implementing Tier 2 interventions, (C) 1143
1383	1383	requiring reading intervention before a special education placement is 1144
1384	1384	made if the primary reason for the placement is reading-related, and (D) 1145
1385	1385	methods of incentivizing boards of education to hire additional reading 1146
1386	1386	intervention teachers. The Department of Education shall comply with 1147
1387	1387	all data and information requests made by the commission. The 1148
1388	1388	commission may form a subcommittee of the commission to perform 1149
1389	1389	such examination. 1150
1390	1390	(4) (A) The commission shall conduct a study concerning the creation 1151
1391	1391	of a new job classification of individualized education program 1152
1392	1392	manager which shall be a non-teaching position and responsible for 1153
1393	1393	completing all portions of an individualized education program form 1154
1394	1394	that does not require specific input from the classroom teacher or other 1155
1395	1395	school personnel who work with the student for which such form is 1156
1396	1396	prepared. Such study shall include, but need not be limited to, an 1157
1397	1397	examination of the necessary training such position may require, 1158
1398	1398	including training on basic relevant legal topics. 1159
1399	1399	(B) The commission shall review and recommend changes to the 1160
1400	1400	Department of Education's Connecticut Special Education Data System 1161
1401	1401	(CT-SEDS). Such review shall, at a minimum, consider the accessibility 1162
1402	1402	and usability of CT-SEDS by educators and parents and guardians of 1163
1403	1403	students and any requirements of CT-SEDS that exceed statutory and 1164
1404	1404	regulatory requirements for individualized education programs. Such 1165
1405	1405	Raised Bill No. 1561
1406	1406
1407	1407
1408	1408
1409	1409	LCO No. 7246 38 of 63
1410	1410
1411	1411	recommendations may be developed, in part, on the findings of the 1166
1412	1412	report described in section 37 of this act regarding the purpose of each 1167
1413	1413	CT-SEDS field. 1168
1414	1414	(C) The Department of Education shall comply with all data and 1169
1415	1415	information requests made by the commission for purposes of this 1170
1416	1416	subdivision. The commission may form a subcommittee of the 1171
1417	1417	commission to perform such study and review. 1172
1418	1418	(5) The commission shall conduct a study concerning access to respite 1173
1419	1419	care for families of children with disabilities in the state. Such study 1174
1420	1420	shall assess the current availability of respite services, identify gaps in 1175
1421	1421	access or delivery and evaluate how respite care supports families in 1176
1422	1422	keeping children with disabilities safely at home and within their 1177
1423	1423	communities. 1178
1424	1424	[(c)] (d) The commission shall consist of the following members: 1179
1425	1425	(1) The speaker of the House of Representatives, or the speaker's 1180
1426	1426	designee; 1181
1427	1427	(2) Two appointed by the speaker of the House of Representatives, 1182
1428	1428	one of whom is a representative of the Connecticut Association of Public 1183
1429	1429	School Superintendents and one of whom is a representative of the 1184
1430	1430	RESC Alliance; 1185
1431	1431	(3) The president pro tempore of the Senate, or the president pro 1186
1432	1432	tempore's designee; 1187
1433	1433	(4) Two appointed by the president pro tempore of the Senate, one of 1188
1434	1434	whom is a representative of Special Education Equity for Kids and one 1189
1435	1435	of whom is a representative of the Center for Children's Advocacy; 1190
1436	1436	(5) Three appointed by the majority leader of the House of 1191
1437	1437	Representatives, one of whom is a representative of the Connecticut 1192
1438	1438	School Counselor Association, one of whom is a representative of the 1193
1439	1439	Connecticut Education Association and one of whom is a representative 1194
1440	1440	Raised Bill No. 1561
1441	1441
1442	1442
1443	1443
1444	1444	LCO No. 7246 39 of 63
1445	1445
1446	1446	of the Connecticut Voices for Children; 1195
1447	1447	(6) Three appointed by the majority leader of the Senate, one of whom 1196
1448	1448	is a representative of the American Federation of Teachers-Connecticut, 1197
1449	1449	one of whom is a representative of ConnCAN and one of whom is a 1198
1450	1450	representative of the School and State Finance Project; 1199
1451	1451	(7) Three appointed by the minority leader of the House of 1200
1452	1452	Representatives, one of whom is a representative of the Connecticut 1201
1453	1453	Association of School Administrators and one of whom is a 1202
1454	1454	representative of the Connecticut Association of School Business 1203
1455	1455	Officials, and one of whom is a member of a local or regional board of 1204
1456	1456	education for an alliance district, in consultation with the Connecticut 1205
1457	1457	Association of Boards of Education; 1206
1458	1458	(8) Three appointed by the minority leader of the Senate, one of 1207
1459	1459	whom is a representative of the Connecticut Charter School Association, 1208
1460	1460	one of whom is the executive director of an agricultural science and 1209
1461	1461	technology education center and one of whom is a representative of the 1210
1462	1462	Connecticut Council of Administrators of Special Education; 1211
1463	1463	(9) The Commissioner of Education, or the commissioner's designee; 1212
1464	1464	and 1213
1465	1465	(10) The Secretary of the Office of Policy and Management, or the 1214
1466	1466	secretary's designee. 1215
1467	1467	[(d)] (e) All initial appointments to the commission shall be made not 1216
1468	1468	later than thirty days after the effective date of this section. Any vacancy 1217
1469	1469	shall be filled by the appointing authority. 1218
1470	1470	[(e)] (f) The speaker of the House of Representatives and the president 1219
1471	1471	pro tempore of the Senate, or their designees, shall serve as the 1220
1472	1472	chairpersons of the commission and shall schedule the first meeting of 1221
1473	1473	the commission, which shall be held not later than sixty days after the 1222
1474	1474	effective date of this section. 1223
1475	1475	Raised Bill No. 1561
1476	1476
1477	1477
1478	1478
1479	1479	LCO No. 7246 40 of 63
1480	1480
1481	1481	[(f)] (g) The administrative staff of the joint standing committee of the 1224
1482	1482	General Assembly having cognizance of matters relating to education 1225
1483	1483	shall serve as administrative staff of the commission. 1226
1484	1484	[(g)] (h) (1) Not later than [February 1, 2024] January 15, 2026, the 1227
1485	1485	commission shall submit a report on the portion of the study described 1228
1486	1486	in subdivision (1) of subsection (b) of this section, in accordance with the 1229
1487	1487	provisions of section 11-4a of the general statutes, on its findings and 1230
1488	1488	recommendations to the joint standing committees of the General 1231
1489	1489	Assembly having cognizance of matters relating to education and 1232
1490	1490	appropriations. 1233
1491	1491	(2) Not later than January 15, [2025] 2026, the commission shall 1234
1492	1492	submit a report on the portion of the study described in subdivisions (2) 1235
1493	1493	and (3) of subsection (b) of this section, in accordance with the 1236
1494	1494	provisions of section 11-4a of the general statutes, on its findings and 1237
1495	1495	recommendations to the joint standing committee of the General 1238
1496	1496	Assembly having cognizance of matters relating to education. 1239
1497	1497	(3) Not later than January 1, 2027, the commission shall submit a 1240
1498	1498	report on the needs-based study described in subdivision (1) of 1241
1499	1499	subsection (c) of this section, in accordance with the provisions of 1242
1500	1500	section 11-4a of the general statutes, on its findings and 1243
1501	1501	recommendations to the Secretary of the Office of Policy and 1244
1502	1502	Management, the Commissioner of Education and the joint standing 1245
1503	1503	committees of the General Assembly having cognizance of matters 1246
1504	1504	relating to education and appropriations. 1247
1505	1505	(4) Not later than January 1, 2027, the commission shall submit a 1248
1506	1506	report on the study described in subdivision (2) of subsection (c) of this 1249
1507	1507	section, in accordance with the provisions of section 11-4a of the general 1250
1508	1508	statutes, on its findings and recommendations to the Commissioner of 1251
1509	1509	Education and the joint standing committee of the General Assembly 1252
1510	1510	having cognizance of matters relating to education. 1253
1511	1511	(5) Not later than January 1, 2027, the commission shall submit a 1254
1512	1512	Raised Bill No. 1561
1513	1513
1514	1514
1515	1515
1516	1516	LCO No. 7246 41 of 63
1517	1517
1518	1518	report on the examination described in subdivision (3) of subsection (c) 1255
1519	1519	of this section, in accordance with the provisions of section 11-4a of the 1256
1520	1520	general statutes, on its findings and recommendations to the 1257
1521	1521	Commissioner of Education and the joint standing committees of the 1258
1522	1522	General Assembly having cognizance of matters relating to education 1259
1523	1523	and appropriations. 1260
1524	1524	(6) Not later than January 1, 2027, the commission shall submit a 1261
1525	1525	report on the study and review described in subdivision (4) of 1262
1526	1526	subsection (c) of this section, in accordance with the provisions of 1263
1527	1527	section 11-4a of the general statutes, on its findings and 1264
1528	1528	recommendations to the Commissioner of Education and the joint 1265
1529	1529	standing committee of the General Assembly having cognizance of 1266
1530	1530	matters relating to education. 1267
1531	1531	(7) Not later than January 1, 2027, the commission shall submit a 1268
1532	1532	report on the study described in subdivision (5) of subsection (c) of this 1269
1533	1533	section, in accordance with the provisions of section 11-4a of the general 1270
1534	1534	statutes, on its findings and recommendations to the Commissioner of 1271
1535	1535	Education and the joint standing committee of the General Assembly 1272
1536	1536	having cognizance of matters relating to education and public health. 1273
1537	1537	[(3)] (i) The commission shall terminate on the date that it submits the 1274
1538	1538	last of such reports or July 1, [2025] 2030, whichever is later. 1275
1539	1539	Sec. 32. (NEW) (Effective from passage) On and after the effective date 1276
1540	1540	of this section, and before July 1, 2027, the Commissioner of Education 1277
1541	1541	shall not approve any new or additional private providers of special 1278
1542	1542	education, as defined in section 10-91g of the general statutes. 1279
1543	1543	Sec. 33. (NEW) (Effective July 1, 2025) (a) For the fiscal year ending 1280
1544	1544	June 30, 2027, and each fiscal year thereafter, the Department of 1281
1545	1545	Education shall administer the special education training, education 1282
1546	1546	and testing competitive grant program. Under the grant program, the 1283
1547	1547	department shall award grants to individual educators and 1284
1548	1548	paraeducators for the purpose of covering the costs associated with any 1285
1549	1549	Raised Bill No. 1561
1550	1550
1551	1551
1552	1552
1553	1553	LCO No. 7246 42 of 63
1554	1554
1555	1555	professional training, education and testing requirements relating to 1286
1556	1556	such individual's ability to provide special education and related 1287
1557	1557	services. The department shall develop criteria for reviewing and 1288
1558	1558	awarding grants under the program, and such criteria shall take into 1289
1559	1559	consideration the financial need of the applicant and give priority to 1290
1560	1560	those applicants with the greatest financial need. As used in this section, 1291
1561	1561	"educators and paraeducators" includes individuals who are enrolled in 1292
1562	1562	a teacher preparation program, as defined in section 10-10a of the 1293
1563	1563	general statutes, candidates for professional certification as an educator 1294
1564	1564	under chapter 166 of the general statutes, teachers employed by a local 1295
1565	1565	or regional board of education, prospective paraeducators and 1296
1566	1566	paraeducators employed by a local or regional board of education. 1297
1567	1567	(b) An educator or paraeducator may apply, in a form and manner 1298
1568	1568	prescribed by the department, for a grant under this section. Any 1299
1569	1569	educator or paraeducator receiving a grant award under the program 1300
1570	1570	shall use such grant to assist in covering the cost of (1) tuition or other 1301
1571	1571	fees associated with enrollment in a teacher preparation program 1302
1572	1572	offered at the Connecticut State Colleges and Universities, (2) obtaining 1303
1573	1573	or renewal of professional certification under chapter 166 of the general 1304
1574	1574	statutes with an endorsement in special education, (3) testing for 1305
1575	1575	paraeducators, (4) continuing education credits, and (5) any other 1306
1576	1576	education or testing requirements relating to such educator's or 1307
1577	1577	paraeducator's ability to provide special education and related services. 1308
1578	1578	No educator or paraeducator may receive a grant award under the 1309
1579	1579	program unless such educator or paraeducator commits to three years 1310
1580	1580	of employment to provide special education and related services in a 1311
1581	1581	school under the jurisdiction of a town designated as an alliance district 1312
1582	1582	pursuant to section 10-262u of the general statutes. 1313
1583	1583	(c) The department shall develop repayment criteria for educators 1314
1584	1584	and paraeducators who do not complete three years of employment in 1315
1585	1585	a school under the jurisdiction of a town designated as an alliance 1316
1586	1586	district pursuant to section 10-262u of the general statutes. Any amounts 1317
1587	1587	repaid to the department shall be deposited in the General Fund. 1318
1588	1588	Raised Bill No. 1561
1589	1589
1590	1590
1591	1591
1592	1592	LCO No. 7246 43 of 63
1593	1593
1594	1594	Sec. 34. (Effective from passage) The Department of Education shall 1319
1595	1595	conduct a study regarding the availability of paraeducator examinations 1320
1596	1596	offered in a language other than English. Such study shall include, but 1321
1597	1597	need not be limited to, a review of whether there are other examinations 1322
1598	1598	or testing vendors that offer paraeducator examinations in a language 1323
1599	1599	other than English, and an analysis of whether such other examinations 1324
1600	1600	are comparable to the examinations currently used by the department 1325
1601	1601	and whether such other examinations may be modified or customized 1326
1602	1602	to meet the requirements for a paraeducator examination prescribed by 1327
1603	1603	the department. Not later than January 1, 2026, the department shall 1328
1604	1604	submit a report on its findings and any recommendations for legislation 1329
1605	1605	to the joint standing committee of the General Assembly having 1330
1606	1606	cognizance of matters relating to education, in accordance with the 1331
1607	1607	provisions of section 11-4a of the general statutes. 1332
1608	1608	Sec. 35. (Effective July 1, 2025) The Connecticut Educator Preparation 1333
1609	1609	and Certification Board, established pursuant to section 10-150b of the 1334
1610	1610	general statutes, shall review and make any recommendations 1335
1611	1611	necessary to redefine, update or make relevant the preparation and 1336
1612	1612	certification requirements for individuals seeking or holding a 1337
1613	1613	comprehensive special education endorsement. Such review and 1338
1614	1614	recommendations shall include, but need not be limited to, an analysis 1339
1615	1615	of whether such individuals should be required to pass the foundations 1340
1616	1616	of reading examination. The Department of Education shall comply 1341
1617	1617	with all requests for information from the board related to such review. 1342
1618	1618	Not later than February 1, 2026, the board shall submit a report on its 1343
1619	1619	review and recommendations to the joint standing committee of the 1344
1620	1620	General Assembly having cognizance of matters relating to education, 1345
1621	1621	in accordance with the provisions of section 11-4a of the general statutes. 1346
1622	1622	Sec. 36. (Effective July 1, 2025) The School Paraeducator Advisory 1347
1623	1623	Council, established pursuant to section 10-155k of the general statutes, 1348
1624	1624	shall review and make any recommendations necessary to redefine, 1349
1625	1625	update or make relevant the preparation and examination requirements 1350
1626	1626	for paraeducators assisting in the provision of special education and 1351
1627	1627	Raised Bill No. 1561
1628	1628
1629	1629
1630	1630
1631	1631	LCO No. 7246 44 of 63
1632	1632
1633	1633	related services. The Department of Education shall comply with all 1352
1634	1634	requests for information from the council related to such review. Not 1353
1635	1635	later than February 1, 2026, the council shall submit a report on its 1354
1636	1636	review and recommendations to the joint standing committee of the 1355
1637	1637	General Assembly having cognizance of matters relating to education, 1356
1638	1638	in accordance with the provisions of section 11-4a of the general statutes. 1357
1639	1639	Sec. 37. (Effective July 1, 2025) (a) The Commissioner of Education 1358
1640	1640	shall develop a report on the functions of the Connecticut Special 1359
1641	1641	Education Data System. Such report shall (1) provide explanations 1360
1642	1642	regarding (A) the purpose of each field in the data system, (B) how the 1361
1643	1643	data and information in each field is used, and (C) how each field relates 1362
1644	1644	to student outcomes, and (2) identify which field or data and 1363
1645	1645	information collected by the data system exceeds the requirements of 1364
1646	1646	the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as 1365
1647	1647	amended from time to time. 1366
1648	1648	(b) Not later than September 1, 2025, the commissioner shall submit 1367
1649	1649	the report to the Building Educational Responsibility with Greater 1368
1650	1650	Improvement Networks Commission, established pursuant to section 1369
1651	1651	36 of public act 23-167, as amended by this act, and the joint standing 1370
1652	1652	committee of the General Assembly having cognizance of matters 1371
1653	1653	relating to education. 1372
1654	1654	Sec. 38. (Effective July 1, 2025) (a) The Commissioner of Education, in 1373
1655	1655	consultation with the Building Educational Responsibility with Greater 1374
1656	1656	Improvement Networks Commission, established pursuant to section 1375
1657	1657	36 of public act 23-167, as amended by this act, and the Secretary of the 1376
1658	1658	Office of Policy and Management, shall develop a proposed state-wide 1377
1659	1659	special education workload analysis model for teachers and school 1378
1660	1660	service providers implementing a student's individualized education 1379
1661	1661	program in the provision of special education and related services. Such 1380
1662	1662	proposed state-wide special education workload analysis model shall 1381
1663	1663	establish standards that limit the workload of such teachers and school 1382
1664	1664	service providers, and include, but need not be limited to, provisions 1383
1665	1665	Raised Bill No. 1561
1666	1666
1667	1667
1668	1668
1669	1669	LCO No. 7246 45 of 63
1670	1670
1671	1671	addressing (1) the severity of the needs of the student contained in such 1384
1672	1672	student's individualized education program, (2) the level and frequency 1385
1673	1673	of services necessary for a student to achieve the goals and objectives 1386
1674	1674	contained in such student's individualized education program, and (3) 1387
1675	1675	the time required for (A) planning services, (B) evaluations, including 1388
1676	1676	classroom observations, (C) coordination of services required by a 1389
1677	1677	student's individualized education program, (D) staff development, (E) 1390
1678	1678	follow-up, and (F) traveling to and from different locations in the 1391
1679	1679	provision of special education and related services. For purposes of this 1392
1680	1680	section, "workload" means the number of students with an 1393
1681	1681	individualized education program for which a teacher or school service 1394
1682	1682	provider is responsible and the time required to effectively implement 1395
1683	1683	each individualized education program. 1396
1684	1684	(b) The commissioner shall (1) not later than January 1, 2026, submit 1397
1685	1685	the proposed state-wide special education workload analysis model to 1398
1686	1686	the Building Educational Responsibility with Greater Improvement 1399
1687	1687	Networks Commission, established pursuant to section 36 of public act 1400
1688	1688	23-167, as amended by this act, and the joint standing committees of the 1401
1689	1689	General Assembly having cognizance of matters relating to education 1402
1690	1690	and appropriations and the budgets of state agencies, in accordance 1403
1691	1691	with the provisions of section 11-4a of the general statutes, and (2) not 1404
1692	1692	later than January 15, 2026, make such proposed state-wide special 1405
1693	1693	education workload analysis model available through the Connecticut 1406
1694	1694	Special Education Data System. 1407
1695	1695	Sec. 39. (Effective July 1, 2025) Not later than January 1, 2027, the 1408
1696	1696	Building Educational Responsibility with Greater Improvement 1409
1697	1697	Networks Commission, established pursuant to section 36 of public act 1410
1698	1698	23-167, as amended by this act, shall review and make recommendations 1411
1699	1699	for legislation concerning the implementation of the proposed state-1412
1700	1700	wide special education workload analysis model, developed pursuant 1413
1701	1701	to section 38 of this act. The commission shall submit such 1414
1702	1702	recommendations to the joint standing committee of the General 1415
1703	1703	Assembly having cognizance of matters relating to education, in 1416
1704	1704	Raised Bill No. 1561
1705	1705
1706	1706
1707	1707
1708	1708	LCO No. 7246 46 of 63
1709	1709
1710	1710	accordance with the provisions of section 11-4a of the general statutes. 1417
1711	1711	Sec. 40. Subdivision (5) of section 10-76a of the general statutes is 1418
1712	1712	repealed and the following is substituted in lieu thereof (Effective July 1, 1419
1713	1713	2025): 1420
1714	1714	(5) "A child requiring special education" means any exceptional child 1421
1715	1715	who (A) meets the criteria for eligibility for special education pursuant 1422
1716	1716	to the Individuals With Disabilities Education Act, 20 USC 1400, et seq., 1423
1717	1717	as amended from time to time, (B) has extraordinary learning ability or 1424
1718	1718	outstanding talent in the creative arts, the development of which 1425
1719	1719	requires programs or services beyond the level of those ordinarily 1426
1720	1720	provided in regular school programs but which may be provided 1427
1721	1721	through special education as part of the public school program, or (C) is 1428
1722	1722	age three to [five] eight, inclusive, and is experiencing developmental 1429
1723	1723	delay that causes such child to require special education. 1430
1724	1724	Sec. 41. Subsection (c) of section 10-76h of the general statutes is 1431
1725	1725	repealed and the following is substituted in lieu thereof (Effective July 1, 1432
1726	1726	2025): 1433
1727	1727	(c) (1) The Department of Education shall provide training to hearing 1434
1728	1728	officers in administrative hearing procedures, including due process, 1435
1729	1729	and in the special educational needs of children. Hearing officers and 1436
1730	1730	members of hearing boards shall not be employees of the Department 1437
1731	1731	of Education or any local or regional board of education, unified school 1438
1732	1732	district or public agency involved in the education or care of the child. 1439
1733	1733	A person who is paid to serve as a hearing officer is not deemed to be 1440
1734	1734	an employee of the Department of Education. No person who 1441
1735	1735	participated in the previous identification, evaluation or educational 1442
1736	1736	placement of or the provision of a free appropriate public education to 1443
1737	1737	the child or pupil nor any member of the board of education of the 1444
1738	1738	school district under review, shall be a hearing officer or a member of a 1445
1739	1739	hearing board. 1446
1740	1740	(2) Both parties shall participate in a prehearing conference to resolve 1447
1741	1741	Raised Bill No. 1561
1742	1742
1743	1743
1744	1744
1745	1745	LCO No. 7246 47 of 63
1746	1746
1747	1747	the issues in dispute, if possible and narrow the scope of the issues. Each 1448
1748	1748	party to the hearing shall disclose, not later than five business days prior 1449
1749	1749	to the date the hearing commences, (A) documentary evidence such 1450
1750	1750	party plans to present at the hearing and a list of witnesses such party 1451
1751	1751	plans to call at the hearing, [and] (B) all completed evaluations and 1452
1752	1752	recommendations based on the offering party's evaluations that the 1453
1753	1753	party intends to use at the hearing, and (C) all claims such party will 1454
1754	1754	raise at the hearing. Except for good cause shown, the hearing officer 1455
1755	1755	shall limit each party to such documentary evidence and witnesses as 1456
1756	1756	were properly disclosed and are relevant to the issues in dispute. A 1457
1757	1757	hearing officer may bar any party who fails to comply with the 1458
1758	1758	requirements concerning disclosure of (i) evaluations and 1459
1759	1759	recommendations from introducing any undisclosed evaluation or 1460
1760	1760	recommendation at the hearing without the consent of the other party, 1461
1761	1761	and (ii) all claims from raising any such claims. 1462
1762	1762	(3) (A) In all cases, however, the public agency has the burden of 1463
1763	1763	proving the appropriateness of the child's program or placement, or of 1464
1764	1764	the program or placement proposed by the public agency, except, in 1465
1765	1765	cases of unilateral placement, the burden of proving the appropriateness 1466
1766	1766	of the program or placement proposed by the public agency and the 1467
1767	1767	appropriateness of such unilateral placement shall be on the party who 1468
1768	1768	filed for due process. This burden shall be met by a preponderance of 1469
1769	1769	the evidence, except for hearings conducted pursuant to 34 CFR 300.521. 1470
1770	1770	[(3)] (B) The hearing officer or board shall hear testimony relevant to 1471
1771	1771	the issues in dispute offered by the party requesting the hearing and any 1472
1772	1772	other party directly involved, and may hear any additional testimony 1473
1773	1773	the hearing officer or board deems relevant. The hearing officer or board 1474
1774	1774	shall give equal weight and consideration to all evaluations presented 1475
1775	1775	and used during the hearing. The hearing officer or board shall hear the 1476
1776	1776	testimony offered by the local or regional board of education or the 1477
1777	1777	unified school district responsible for providing special education to a 1478
1778	1778	child or pupil first in any dispute concerning the provision of free 1479
1779	1779	appropriate public education, except, in cases of unilateral placement, 1480
1780	1780	Raised Bill No. 1561
1781	1781
1782	1782
1783	1783
1784	1784	LCO No. 7246 48 of 63
1785	1785
1786	1786	the hearing officer or board shall hear the testimony offered by the party 1481
1787	1787	with the burden of proof first in any dispute concerning the provision 1482
1788	1788	of free appropriate public education. The hearing officer or board may 1483
1789	1789	require a complete and independent evaluation or prescription of 1484
1790	1790	educational programs by qualified persons, the cost of which shall be 1485
1791	1791	paid by the board of education or the unified school district. The hearing 1486
1792	1792	officer or board shall cause all formal sessions of the hearing and review 1487
1793	1793	to be recorded in order to provide a verbatim record. The hearing officer 1488
1794	1794	or board shall limit the offering of testimony and arguments to three 1489
1795	1795	days, except the hearing officer or board may extend the duration of the 1490
1796	1796	hearing if necessary. 1491
1797	1797	Sec. 42. Subdivision (1) of subsection (d) of section 10-76h of the 1492
1798	1798	general statutes is repealed and the following is substituted in lieu 1493
1799	1799	thereof (Effective July 1, 2025): 1494
1800	1800	(d) (1) The hearing officer or board shall have the authority (A) to 1495
1801	1801	confirm, modify, or reject the identification, evaluation or educational 1496
1802	1802	placement of or the provision of a free appropriate public education to 1497
1803	1803	the child or pupil, (B) to determine the appropriateness of an 1498
1804	1804	educational placement where the parent or guardian of a child requiring 1499
1805	1805	special education or the pupil if such pupil is an emancipated minor or 1500
1806	1806	eighteen years of age or older, has placed the child or pupil in a program 1501
1807	1807	other than that prescribed by the planning and placement team, 1502
1808	1808	provided the hearing officer or board consider all programs capable of 1503
1809	1809	providing the child or pupil a free appropriate public education in the 1504
1810	1810	least restrictive environment, or (C) to prescribe alternate special 1505
1811	1811	educational programs for the child or pupil. If the parent or guardian of 1506
1812	1812	such a child who previously received special education and related 1507
1813	1813	services from the district enrolls the child, or the pupil who previously 1508
1814	1814	received special education and related services from the district enrolls 1509
1815	1815	in a private elementary or secondary school without the consent of or 1510
1816	1816	referral by the district, a hearing officer may, in accordance with the 1511
1817	1817	Individuals with Disabilities Education Act, 20 USC 1400 et seq., as 1512
1818	1818	amended from time to time, require the district to reimburse the parents 1513
1819	1819	Raised Bill No. 1561
1820	1820
1821	1821
1822	1822
1823	1823	LCO No. 7246 49 of 63
1824	1824
1825	1825	or the pupil for the cost of that enrollment if the hearing officer finds 1514
1826	1826	that the district had not made a free appropriate public education 1515
1827	1827	available to the child or pupil in a timely manner prior to that 1516
1828	1828	enrollment. In the case where a parent or guardian, or pupil if such pupil 1517
1829	1829	is an emancipated minor or is eighteen years of age or older, or a 1518
1830	1830	surrogate parent appointed pursuant to section 10-94g, has refused 1519
1831	1831	consent for initial evaluation or reevaluation, the hearing officer or 1520
1832	1832	board may order an initial evaluation or reevaluation without the 1521
1833	1833	consent of such parent, guardian, pupil or surrogate parent except that 1522
1834	1834	if the parent, guardian, pupil or surrogate parent appeals such decision 1523
1835	1835	pursuant to subdivision (4) of this subsection, the child or pupil may not 1524
1836	1836	be evaluated or placed pending the disposition of the appeal. If the 1525
1837	1837	hearing officer determines that the plan for the provision of special 1526
1838	1838	education and related services offered by the district does not provide a 1527
1839	1839	free appropriate public education to the child or pupil, the hearing 1528
1840	1840	officer shall first consider all services provided by the district, followed 1529
1841	1841	by services provided by a charging entity, and if no such services 1530
1842	1842	provide a free appropriate public education to the child or pupil, then 1531
1843	1843	the hearing officer may consider a placement in a program offered by a 1532
1844	1844	nonapproved private provider of special education services. The 1533
1845	1845	hearing officer or board shall inform the parent or guardian, or the 1534
1846	1846	emancipated minor or pupil eighteen years of age or older, or the 1535
1847	1847	surrogate parent appointed pursuant to section 10-94g, or the 1536
1848	1848	Commissioner of Children and Families, as the case may be, and the 1537
1849	1849	board of education of the school district or the unified school district of 1538
1850	1850	the decision in writing and mail such decision not later than forty-five 1539
1851	1851	days after the commencement of the hearing pursuant to the Individuals 1540
1852	1852	with Disabilities Education Act, 20 USC 1400 et seq., as amended from 1541
1853	1853	time to time, except that a hearing officer or board may grant specific 1542
1854	1854	extensions of such forty-five-day period in order to comply with the 1543
1855	1855	provisions of subsection (b) of this section. The hearing officer may 1544
1856	1856	include in the decision a comment on the conduct of the proceedings. 1545
1857	1857	The findings of fact, conclusions of law and decision shall be written 1546
1858	1858	without personally identifiable information concerning such child or 1547
1859	1859	Raised Bill No. 1561
1860	1860
1861	1861
1862	1862
1863	1863	LCO No. 7246 50 of 63
1864	1864
1865	1865	pupil, so that such decisions may be promptly indexed and published 1548
1866	1866	and available for public inspections pursuant to sections 4-167 and 4-1549
1867	1867	180a. 1550
1868	1868	Sec. 43. Subsection (a) of section 10-76b of the general statutes is 1551
1869	1869	repealed and the following is substituted in lieu thereof (Effective July 1, 1552
1870	1870	2025): 1553
1871	1871	(a) The State Board of Education shall provide for the development 1554
1872	1872	and supervision of the educational programs and services for children 1555
1873	1873	requiring special education and may regulate curriculum, conditions of 1556
1874	1874	instruction, including the use of physical restraint and seclusion 1557
1875	1875	pursuant to section 10-236b, physical facilities and equipment, class 1558
1876	1876	composition and size, admission of students, and the requirements 1559
1877	1877	respecting necessary special services and instruction to be provided by 1560
1878	1878	local and regional boards of education. The educational aspects of all 1561
1879	1879	programs and instructional facilities in any day or residential child-1562
1880	1880	caring agency or school which provides training for children requiring 1563
1881	1881	special education and which receives funding from the state under the 1564
1882	1882	provisions of sections 10-76a to 10-76g, inclusive, as amended by this 1565
1883	1883	act, shall be subject to the approval and supervision of the commissioner 1566
1884	1884	in accordance with regulations adopted by the State Board of Education 1567
1885	1885	concerning requirements for such programs and accommodations. Not 1568
1886	1886	later than July 1, 2027, the State Board of Education shall adopt 1569
1887	1887	regulations, in accordance with the provisions of chapter 54, regarding 1570
1888	1888	the burden of proof for unilateral placements in accordance with the 1571
1889	1889	provisions of subparagraph (A) of subdivision (3) of subsection (c) of 1572
1890	1890	section 10-76h, as amended by this act. 1573
1891	1891	Sec. 44. Section 10-76mm of the general statutes is repealed and the 1574
1892	1892	following is substituted in lieu thereof (Effective July 1, 2025): 1575
1893	1893	(a) The Commissioner of Education, in consultation with the 1576
1894	1894	Individualized Education Program Advisory Council established 1577
1895	1895	pursuant to section 10-76nn, shall develop a new individualized 1578
1896	1896	Raised Bill No. 1561
1897	1897
1898	1898
1899	1899
1900	1900	LCO No. 7246 51 of 63
1901	1901
1902	1902	education program form that is easier for practitioners to use and easier 1579
1903	1903	for parents and students to understand. Such individualized education 1580
1904	1904	program form shall include a brief description of, and contact 1581
1905	1905	information for, the parent training and information center for 1582
1906	1906	Connecticut established pursuant to the Individuals with Disabilities 1583
1907	1907	Education Act, 20 USC 1400 et seq., as amended from time to time, and 1584
1908	1908	the Bureau of Special Education within the Department of Education in 1585
1909	1909	a conspicuous place on the first page of the individualized education 1586
1910	1910	program form using at least twelve-point Times New Roman font. 1587
1911	1911	(b) Not later than January 1, 2017, the commissioner shall submit the 1588
1912	1912	new individualized education program form developed pursuant to 1589
1913	1913	this section to the joint standing committee of the General Assembly 1590
1914	1914	having cognizance of matters relating to education, in accordance with 1591
1915	1915	the provisions of section 11-4a. 1592
1916	1916	(c) Not later than January 1, 2026, the commissioner shall update the 1593
1917	1917	individualized education program form to remove the (1) statement of 1594
1918	1918	short-term instructional objectives derived from the measurable annual 1595
1919	1919	goals, and (2) the list of the individuals who will be implementing the 1596
1920	1920	individualized education program. 1597
1921	1921	Sec. 45. (NEW) (Effective July 1, 2025) (a) Not later than February 28, 1598
1922	1922	2026, and annually thereafter, the Commissioner of Education shall 1599
1923	1923	make the following available on the Internet web site of the Department 1600
1924	1924	of Education: 1601
1925	1925	(1) Data relating to the special education offset grant under section 8 1602
1926	1926	of this act, disaggregated by the (A) total number of special education 1603
1927	1927	students statewide and by each school district, (B) state aid percentage, 1604
1928	1928	and (C) total grant paid to each local and regional board of education. 1605
1929	1929	(2) Student-level data relating to those students who are included in 1606
1930	1930	a board's December first filing described in subsection (a) of section 10-1607
1931	1931	76g of the general statutes, including, but not limited to, the (A) school 1608
1932	1932	district, (B) net current expenditures per pupil threshold for each school 1609
1933	1933	Raised Bill No. 1561
1934	1934
1935	1935
1936	1936
1937	1937	LCO No. 7246 52 of 63
1938	1938
1939	1939	district, (C) total anticipated costs above a school district's net current 1610
1940	1940	expenditures per pupil threshold, (D) total anticipated costs for (i) 1611
1941	1941	transportation, (ii) tuition, and (iii) any room and board, (E) facility 1612
1942	1942	code, and (F) grant type category, such as a grant under section 10-76g 1613
1943	1943	of the general statutes, as amended by this act, section 8 of this act or 1614
1944	1944	any other state or federal grant, provided such data does not contain 1615
1945	1945	any personally identifiable information of such students and is in 1616
1946	1946	accordance with the Family Educational Rights and Privacy Act of 1974, 1617
1947	1947	20 USC 1232g, as amended from time to time. 1618
1948	1948	(3) State-wide student population data relating to those students who 1619
1949	1949	are included in a board's December first filing described in subsection 1620
1950	1950	(a) of section 10-76g of the general statutes, including, but not limited to, 1621
1951	1951	the (A) number of students by (i) status as a multilingual learner, (ii) 1622
1952	1952	qualifying primary disability, (iii) the age categories of (I) ages three and 1623
1953	1953	four, (II) ages five to twelve, inclusive, (III) ages thirteen to eighteen, 1624
1954	1954	inclusive, and (IV) ages nineteen and older, and (iv) each facility, and 1625
1955	1955	(B) average number of tuition days, provided such data does not contain 1626
1956	1956	any personally identifiable information of such students and is in 1627
1957	1957	accordance with the Family Educational Rights and Privacy Act of 1974, 1628
1958	1958	20 USC 1232g, as amended from time to time. 1629
1959	1959	(b) Not later than January 30, 2026, and March 30, 2026, and each 1630
1960	1960	January thirtieth and March thirtieth thereafter, the commissioner shall 1631
1961	1961	submit the following information concerning annual projections for 1632
1962	1962	grants to be paid to each local and regional board of education under 1633
1963	1963	section 10-76g of the general statutes, as amended by this act, to the joint 1634
1964	1964	standing committees of the General Assembly having cognizance of 1635
1965	1965	matters relating to education and appropriations and the Office of Fiscal 1636
1966	1966	Analysis, in accordance with the provisions of section 11-4a of the 1637
1967	1967	general statutes: (1) The total amount a local or regional board is eligible 1638
1968	1968	to be paid under section 10-76g of the general statutes, as amended by 1639
1969	1969	this act, (2) the board's net current expenditures per pupil threshold, (3) 1640
1970	1970	the board's tiered reimbursement percentage under section 10-76g of the 1641
1971	1971	general statutes, as amended by this act, (4) the capped amount to be 1642
1972	1972	Raised Bill No. 1561
1973	1973
1974	1974
1975	1975
1976	1976	LCO No. 7246 53 of 63
1977	1977
1978	1978	paid to the board, (5) the number of students with expenses projected to 1643
1979	1979	exceed four and one-half times the net current expenditures per pupil 1644
1980	1980	threshold for the board, and (6) the total number of students statewide 1645
1981	1981	with expenses projected to exceed four and one-half times the net 1646
1982	1982	current expenditures per pupil threshold for the board responsible for 1647
1983	1983	such student, provided such data does not contain any personally 1648
1984	1984	identifiable information of such students and is in accordance with the 1649
1985	1985	Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as 1650
1986	1986	amended from time to time. 1651
1987	1987	Sec. 46. (Effective July 1, 2025) Not later than February 1, 2026, the 1652
1988	1988	Commissioner of Education shall submit a report on recent 1653
1989	1989	developments and best practices regarding dyslexia evaluations and 1654
1990	1990	interventions to the joint standing committee of the General Assembly 1655
1991	1991	having cognizance of matters relating to education, in accordance with 1656
1992	1992	the provisions of section 11-4a of the general statutes. 1657
1993	1993	Sec. 47. (NEW) (Effective July 1, 2025) (a) On and after July 1, 2026, the 1658
1994	1994	Commissioner of Motor Vehicles shall issue special education support 1659
1995	1995	number plates of a design to support special education students, 1660
1996	1996	families and educators in the state and to provide funding to the special 1661
1997	1997	education offset grant pursuant to section 8 of this act. The design shall 1662
1998	1998	be determined by the commissioner. No use shall be made of such plates 1663
1999	1999	except as official registration marker plates. 1664
2000	2000	(b) A fee of sixty dollars shall be charged for special education 1665
2001	2001	support number plates, in addition to the regular fee or fees prescribed 1666
2002	2002	for the registration of a motor vehicle. Fifteen dollars of such fee shall be 1667
2003	2003	deposited in an account controlled by the Department of Motor Vehicles 1668
2004	2004	to be used for the cost of producing, issuing, renewing and replacing 1669
2005	2005	such number plates and forty-five dollars of such fee shall be deposited 1670
2006	2006	in the special education support account established under subsection 1671
2007	2007	(d) of this section. No additional fee shall be charged in connection with 1672
2008	2008	the renewal of such number plates. No transfer fee shall be charged for 1673
2009	2009	the transfer of an existing registration to or from a registration with 1674
2010	2010	Raised Bill No. 1561
2011	2011
2012	2012
2013	2013
2014	2014	LCO No. 7246 54 of 63
2015	2015
2016	2016	special education support number plates. Such number plates shall have 1675
2017	2017	letters and numbers selected by the Commissioner of Motor Vehicles. 1676
2018	2018	The commissioner may establish a higher fee for number plates: (1) That 1677
2019	2019	contain the numbers and letters from a previously issued number plate; 1678
2020	2020	(2) that contain letters in place of numbers, as authorized by section 14-1679
2021	2021	49 of the general statutes, in addition to the fee or fees prescribed for 1680
2022	2022	registration under said section; and (3) that are low number plates 1681
2023	2023	issued in accordance with section 14-160 of the general statutes, in 1682
2024	2024	addition to the fee or fees prescribed for registration under said section. 1683
2025	2025	All fees established and collected pursuant to this section, except 1684
2026	2026	moneys designated for administrative costs of the Department of Motor 1685
2027	2027	Vehicles, shall be deposited in the special education support account. 1686
2028	2028	(c) The Commissioner of Motor Vehicles may adopt regulations, in 1687
2029	2029	accordance with the provisions of chapter 54 of the general statutes, to 1688
2030	2030	establish standards and procedures for the issuance, renewal and 1689
2031	2031	replacement of special education support number plates. 1690
2032	2032	(d) There is established an account to be known as the "special 1691
2033	2033	education support account" which shall be a separate, nonlapsing 1692
2034	2034	account within the General Fund. The account shall contain any moneys 1693
2035	2035	required by law to be deposited in the account. Moneys in the account 1694
2036	2036	shall be expended by the Secretary of the Office of Policy and 1695
2037	2037	Management to provide funding to the special education offset grant 1696
2038	2038	pursuant to section 8 of this act. The secretary may receive private 1697
2039	2039	donations to the account and any such receipts shall be deposited in the 1698
2040	2040	account. 1699
2041	2041	(e) The Commissioner of Motor Vehicles may provide for the 1700
2042	2042	reproduction and marking of the special education support number 1701
2043	2043	plates image for use on clothing, recreational equipment, posters, 1702
2044	2044	mementoes or other products or programs deemed by the commissioner 1703
2045	2045	to be suitable as a means of supporting the special education support 1704
2046	2046	account. Any moneys received by the commissioner from such 1705
2047	2047	marketing shall be deposited in the account. 1706
2048	2048	Raised Bill No. 1561
2049	2049
2050	2050
2051	2051
2052	2052	LCO No. 7246 55 of 63
2053	2053
2054	2054	Sec. 48. Section 10-76b of the general statutes is repealed and the 1707
2055	2055	following is substituted in lieu thereof (Effective July 1, 2025): 1708
2056	2056	(a) The State Board of Education shall provide for the development 1709
2057	2057	and supervision of the educational programs and services for children 1710
2058	2058	requiring special education and may regulate curriculum, conditions of 1711
2059	2059	instruction, including the use of physical restraint and seclusion 1712
2060	2060	pursuant to section 10-236b, physical facilities and equipment, class 1713
2061	2061	composition and size, admission of students, and the requirements 1714
2062	2062	respecting necessary special services and instruction to be provided by 1715
2063	2063	local and regional boards of education. The educational aspects of all 1716
2064	2064	programs and instructional facilities in any day or residential child-1717
2065	2065	caring agency or school which provides training for children requiring 1718
2066	2066	special education and which receives funding from the state under the 1719
2067	2067	provisions of sections 10-76a to 10-76g, inclusive, as amended by this 1720
2068	2068	act, sections 10-91g to 10-91m, inclusive, and sections 2, 3, 6, 8 to 12, 1721
2069	2069	inclusive, 15 to 17, inclusive, 20, 23, 25 to 29, inclusive, 32 to 39, inclusive, 1722
2070	2070	and 44 to 47, inclusive, of this act, shall be subject to the approval and 1723
2071	2071	supervision of the commissioner in accordance with regulations 1724
2072	2072	adopted by the State Board of Education, in accordance with the 1725
2073	2073	provisions of chapter 54, concerning requirements for such programs 1726
2074	2074	and accommodations. 1727
2075	2075	(b) The commissioner shall designate by regulation, subject to the 1728
2076	2076	approval of the State Board of Education, the procedures which shall be 1729
2077	2077	used to identify exceptional children. 1730
2078	2078	(c) Said board shall be the agency for cooperation and consultation 1731
2079	2079	with federal agencies, other state agencies and private bodies on matters 1732
2080	2080	of public school education of children requiring special education, 1733
2081	2081	provided the full responsibilities for other aspects of the care of such 1734
2082	2082	children shall be reserved to such other agencies. 1735
2083	2083	(d) The State Board of Education shall ensure that local and regional 1736
2084	2084	boards of education are providing the information described in 1737
2085	2085	Raised Bill No. 1561
2086	2086
2087	2087
2088	2088
2089	2089	LCO No. 7246 56 of 63
2090	2090
2091	2091	subparagraph (D) of subdivision (10) of subsection (a) of section 10-76d 1738
2092	2092	to the parent or guardian of a child requiring special education or the 1739
2093	2093	surrogate parent appointed pursuant to section 10-94g and, in the case 1740
2094	2094	of a pupil who is an emancipated minor or eighteen years of age or 1741
2095	2095	older, the pupil. 1742
2096	2096	Sec. 49. Section 10-91j of the general statutes is repealed and the 1743
2097	2097	following is substituted in lieu thereof (Effective July 1, 2026): 1744
2098	2098	(a) Any [agreement entered into or amended on or after July 1, 2018, 1745
2099	2099	but prior to June 30, 2019, or any] contract entered into or amended on 1746
2100	2100	or after July 1, [2019] 2026, pursuant to section 10-76d, as amended by 1747
2101	2101	this act, between a local or regional board of education and a private 1748
2102	2102	provider of special education services, as defined in section 10-91g, shall 1749
2103	2103	be in accordance with the universal special education and related 1750
2104	2104	services rate schedule established pursuant to section 3 of this act, and 1751
2105	2105	include an explanation of how the [tuition or costs] amount charged for 1752
2106	2106	services provided under the [agreement or] contract are to be calculated. 1753
2107	2107	Any such [agreement or] contract may include the following provisions: 1754
2108	2108	(1) A requirement that such private provider of special education 1755
2109	2109	services submit monthly or quarterly reports to such board regarding 1756
2110	2110	the specific services and frequency of such services being provided by 1757
2111	2111	such private provider of special education services to students under 1758
2112	2112	the [agreement or] contract, and (2) authorization for such board to (A) 1759
2113	2113	review and reconcile such reports to the contracted services described 1760
2114	2114	in the [agreement or] contract, or (B) conduct periodic site visits at the 1761
2115	2115	location where such private provider of special education services 1762
2116	2116	provides services. 1763
2117	2117	(b) On and after July 1, [2019] 2026, a local or regional board of 1764
2118	2118	education shall not be eligible for reimbursement pursuant to subsection 1765
2119	2119	(b) of section 10-76g, as amended by this act, or section 8 of this act, for 1766
2120	2120	any costs of special education paid by such board of education to a 1767
2121	2121	private provider of special education services unless such board of 1768
2122	2122	education has entered into a written contract with such private provider 1769
2123	2123	Raised Bill No. 1561
2124	2124
2125	2125
2126	2126
2127	2127	LCO No. 7246 57 of 63
2128	2128
2129	2129	of special education services for the provision of such special education 1770
2130	2130	services. The individualized education program of a child shall not be 1771
2131	2131	considered a contract between a local or regional board of education and 1772
2132	2132	a private provider of special education services for purposes of this 1773
2133	2133	section. Nothing in this subsection shall be construed to limit or 1774
2134	2134	interrupt the provision of special education and related services to a 1775
2135	2135	child by a local or regional board of education or private provider of 1776
2136	2136	special education services. 1777
2137	2137	(c) The Commissioner of Education shall revoke the approval and 1778
2138	2138	license of any private provider of special education services that fails to 1779
2139	2139	charge for special education and related services in accordance with the 1780
2140	2140	universal special education and related services rate schedule 1781
2141	2141	established pursuant to section 3 of this act or comply with the 1782
2142	2142	provisions of this section. 1783
2143	2143	Sec. 50. Section 10a-157a of the general statutes is amended by adding 1784
2144	2144	subsection (h) as follows (Effective July 1, 2025): 1785
2145	2145	(NEW) (h) For the fall semester of 2025 and spring semester 2026, and 1786
2146	2146	each semester thereafter, the Board of Regents for Higher Education 1787
2147	2147	shall continue to offer each transitional college readiness program, 1788
2148	2148	embedded remedial support program and intensive remedial support 1789
2149	2149	program that said board offered at each public institution of higher 1790
2150	2150	education during the fall semester of 2024 and spring semester of 2025, 1791
2151	2151	respectively. 1792
2152	2152	Sec. 51. (NEW) (Effective July 1, 2025) (a) There is established an Office 1793
2153	2153	of the Educational Ombudsperson, which shall be within the 1794
2154	2154	Department of Education for administrative purposes only. The Office 1795
2155	2155	of the Educational Ombudsperson shall serve students and families of 1796
2156	2156	students in the pursuit of preschool, elementary and secondary 1797
2157	2157	education, special education, vocational education and adult education. 1798
2158	2158	The Office of the Educational Ombudsperson shall be under the 1799
2159	2159	direction of an Educational Ombudsperson who shall be appointed by 1800
2160	2160	Raised Bill No. 1561
2161	2161
2162	2162
2163	2163
2164	2164	LCO No. 7246 58 of 63
2165	2165
2166	2166	the Commissioner of Education and be selected from among individuals 1801
2167	2167	with expertise and experience in educational advocacy, special 1802
2168	2168	education and educational law. 1803
2169	2169	(b) The Office of the Educational Ombudsperson shall: 1804
2170	2170	(1) Receive, review and attempt to resolve any complaints from 1805
2171	2171	students and students' families, including, but not limited to, attempts 1806
2172	2172	to resolve such complaints in collaboration with schools and educators; 1807
2173	2173	(2) Compile and analyze data on students and young people, through 1808
2174	2174	available data systems, including, but not limited to, the Connecticut 1809
2175	2175	Preschool through Twenty and Workforce Information Network, 1810
2176	2176	established pursuant to section 10a-57g of the general statutes; 1811
2177	2177	(3) Assist student loan borrowers to understand their rights and 1812
2178	2178	responsibilities in educational environments; 1813
2179	2179	(4) Provide information to the public, agencies, legislators and others 1814
2180	2180	regarding the issues and concerns of students and make 1815
2181	2181	recommendations for resolving such issues and concerns; 1816
2182	2182	(5) Analyze and monitor the development and implementation of 1817
2183	2183	federal, state and local laws, regulations and policies relating to students 1818
2184	2184	and recommend any changes the Educational Ombudsperson deems 1819
2185	2185	necessary; 1820
2186	2186	(6) Disseminate information concerning the availability of the Office 1821
2187	2187	of the Educational Ombudsperson to assist students and families of 1822
2188	2188	students, as well as local and regional boards of education with 1823
2189	2189	educational resource concerns; and 1824
2190	2190	(7) Take any other actions necessary to fulfill the duties of the Office 1825
2191	2191	of the Educational Ombudsperson and the Educational Ombudsperson 1826
2192	2192	as set forth in this subsection. 1827
2193	2193	(c) (1) On or before January 1, 2026, and annually thereafter until 1828
2194	2194	Raised Bill No. 1561
2195	2195
2196	2196
2197	2197
2198	2198	LCO No. 7246 59 of 63
2199	2199
2200	2200	January 1, 2028, the Commissioner of Education shall submit a report, 1829
2201	2201	in accordance with the provisions of section 11-4a, to the joint standing 1830
2202	2202	committees of the General Assembly having cognizance of matters 1831
2203	2203	relating to education and children. The commissioner shall report on: 1832
2204	2204	(A) The implementation of this section; (B) the overall effectiveness of 1833
2205	2205	the Educational Ombudsperson position; and (C) additional steps that 1834
2206	2206	need to be taken for the Educational Ombudsperson to be more 1835
2207	2207	effective. 1836
2208	2208	(2) Beginning on January 1, 2029, and annually thereafter, the 1837
2209	2209	Educational Ombudsperson shall submit the report required under 1838
2210	2210	subdivision (1) of this subsection. 1839
2211	2211	Sec. 52. (NEW) (Effective July 1, 2025) (a) For the school year 1840
2212	2212	commencing July 1, 2026, and each school year thereafter, each local and 1841
2213	2213	regional board of education shall hire or designate an existing employee 1842
2214	2214	to serve as an instructional support teacher in each school under the 1843
2215	2215	jurisdiction of such board. An instructional support teacher shall (1) 1844
2216	2216	assist school-based personnel in improving the quality of teaching and 1845
2217	2217	student learning for students with disabilities, (2) assume responsibility 1846
2218	2218	for the knowledge and application of the appropriate curriculum and 1847
2219	2219	the instructional programs for students with disabilities in compliance 1848
2220	2220	with all state and federal laws and any policies of the Department of 1849
2221	2221	Education or the school district, (3) collaborate with parents and school 1850
2222	2222	personnel regarding instructional decision-making for students with 1851
2223	2223	disabilities, (4) plan and deliver professional learning activities to staff, 1852
2224	2224	parents and others to increase achievement for students with 1853
2225	2225	disabilities, (5) provide coaching and follow-up to support district 1854
2226	2226	initiatives, including, but not limited to, effective literacy and math 1855
2227	2227	instruction, personalized learning and individualized instruction for 1856
2228	2228	students with disabilities, (6) assist teachers in improving classroom 1857
2229	2229	management and climate through the implementation of effective 1858
2230	2230	instructional methods and behavioral supports, and (7) consult with 1859
2231	2231	school-based instructional staff regarding individual education 1860
2232	2232	program development, extended school year, behavioral interventions 1861
2233	2233	Raised Bill No. 1561
2234	2234
2235	2235
2236	2236
2237	2237	LCO No. 7246 60 of 63
2238	2238
2239	2239	and transition plans for students with disabilities. 1862
2240	2240	(b) Any person hired or designated to serve as the instructional 1863
2241	2241	support teacher for the school shall (1) for the school year commencing 1864
2242	2242	July 1, 2026, spend at least fifty per cent of their time performing the 1865
2243	2243	responsibilities described in subsection (a) of this section, (2) for the 1866
2244	2244	school year commencing July 1, 2027, spend at least seventy-five per 1867
2245	2245	cent of their time performing said responsibilities, and (3) for the school 1868
2246	2246	year commencing July 1, 2028, and each school year thereafter, be 1869
2247	2247	employed full-time as the instructional support teacher. 1870
2248	2248	Sec. 53. (NEW) (Effective July 1, 2025) For the school year commencing 1871
2249	2249	July 1, 2026, and each school year thereafter, the Department of 1872
2250	2250	Education shall, at least quarterly, host trainings for persons hired or 1873
2251	2251	designated to serve as an instructional support teacher, as described in 1874
2252	2252	section 52 of this act. Such training shall include, but need not be limited 1875
2253	2253	to, effective literacy and math instruction, personalized learning and 1876
2254	2254	individualized instruction for students with disabilities, improving 1877
2255	2255	classroom management, effective instructional methods and behavioral 1878
2256	2256	supports, and transition plans for students with disabilities. 1879
2257	2257	Sec. 54. (NEW) (Effective July 1, 2025) (a) For the fiscal year ending 1880
2258	2258	June 30, 2026, and each fiscal year thereafter, the Department Education 1881
2259	2259	shall establish a grant program to support local and regional boards of 1882
2260	2260	education in providing support services for students who require 1883
2261	2261	special education and have experienced trauma or have behavioral 1884
2262	2262	health needs. Such grant shall be available to each local or regional 1885
2263	2263	board of education that provides support services, including, but not 1886
2264	2264	limited to, trauma-informed care coordination and family outreach, for 1887
2265	2265	such students and such students' families in partnership with 1888
2266	2266	community service providers, including, but not limited to, family 1889
2267	2267	service centers. Grants shall be funded in an amount prescribed by the 1890
2268	2268	Commissioner of Education. 1891
2269	2269	(b) On or before September 1, 2025, the Department of Education 1892
2270	2270	Raised Bill No. 1561
2271	2271
2272	2272
2273	2273
2274	2274	LCO No. 7246 61 of 63
2275	2275
2276	2276	shall post in a conspicuous location on its Internet web site (1) a 1893
2277	2277	description of the grant program, including, but not limited to, the 1894
2278	2278	amount of funding available for each grant under such program, and (2) 1895
2279	2279	the application form for such program. 1896
2280	2280	Sec. 55. (NEW) (Effective July 1, 2025) Not later than July 1, 2026, the 1897
2281	2281	Department of Education, in consultation with the Connecticut Parent 1898
2282	2282	Advocacy Center, shall develop a special education family guide that 1899
2283	2283	assists the parents and guardians of students receiving special education 1900
2284	2284	and related services in understanding the process and laws governing 1901
2285	2285	the provision of special education. Such guide shall include, but need 1902
2286	2286	not be limited to, an explanation of (1) the allowable number of days to 1903
2287	2287	(A) diagnose that a student requires special education or related 1904
2288	2288	services, and (B) hold an initial planning and placement team meeting, 1905
2289	2289	(2) the consequences for failure of the school district to (A) meet the 1906
2290	2290	deadlines described in subdivision (1) of this section, and (B) include the 1907
2291	2291	appropriate administrators at the initial and subsequent planning and 1908
2292	2292	placement team processes, and (3) recourses available to parents and 1909
2293	2293	guardians if an in-home tutor does not attend to tutoring sessions. The 1910
2294	2294	department shall make such guide available on its Internet web site. 1911
2295	2295	This act shall take effect as follows and shall amend the following
2296	2296	sections:
2297	2297
2298	2298	Section 1 July 1, 2025 10-76a
2299	2299	Sec. 2 from passage New section
2300	2300	Sec. 3 July 1, 2025 New section
2301	2301	Sec. 4 July 1, 2025 New section
2302	2302	Sec. 5 July 1, 2025 10-76d(d)
2303	2303	Sec. 6 July 1, 2025 New section
2304	2304	Sec. 7 July 1, 2025 10-76g(b)
2305	2305	Sec. 8 July 1, 2025 New section
2306	2306	Sec. 9 July 1, 2025 New section
2307	2307	Sec. 10 July 1, 2025 New section
2308	2308	Sec. 11 July 1, 2025 New section
2309	2309	Sec. 12 July 1, 2025 New section
2310	2310	Sec. 13 July 1, 2025 10-285a(l)
2311	2311	Raised Bill No. 1561
2312	2312
2313	2313
2314	2314
2315	2315	LCO No. 7246 62 of 63
2316	2316
2317	2317	Sec. 14 July 1, 2025 10-283(b)
2318	2318	Sec. 15 from passage New section
2319	2319	Sec. 16 July 1, 2025 New section
2320	2320	Sec. 17 July 1, 2025 New section
2321	2321	Sec. 18 July 1, 2025 New section
2322	2322	Sec. 19 July 1, 2025 10-76d(d)
2323	2323	Sec. 20 July 1, 2025 New section
2324	2324	Sec. 21 July 1, 2025 10-74u
2325	2325	Sec. 22 July 1, 2025 10-232a
2326	2326	Sec. 23 July 1, 2025 New section
2327	2327	Sec. 24 July 1, 2025 10-76d(j)
2328	2328	Sec. 25 July 1, 2025 New section
2329	2329	Sec. 26 July 1, 2025 New section
2330	2330	Sec. 27 from passage New section
2331	2331	Sec. 28 July 1, 2025 New section
2332	2332	Sec. 29 July 1, 2025 New section
2333	2333	Sec. 30 July 1, 2025 2-137(n)
2334	2334	Sec. 31 from passage PA 23-167, Sec. 36
2335	2335	Sec. 32 from passage New section
2336	2336	Sec. 33 July 1, 2025 New section
2337	2337	Sec. 34 from passage New section
2338	2338	Sec. 35 July 1, 2025 New section
2339	2339	Sec. 36 July 1, 2025 New section
2340	2340	Sec. 37 July 1, 2025 New section
2341	2341	Sec. 38 July 1, 2025 New section
2342	2342	Sec. 39 July 1, 2025 New section
2343	2343	Sec. 40 July 1, 2025 10-76a(5)
2344	2344	Sec. 41 July 1, 2025 10-76h(c)
2345	2345	Sec. 42 July 1, 2025 10-76h(d)(1)
2346	2346	Sec. 43 July 1, 2025 10-76b(a)
2347	2347	Sec. 44 July 1, 2025 10-76mm
2348	2348	Sec. 45 July 1, 2025 New section
2349	2349	Sec. 46 July 1, 2025 New section
2350	2350	Sec. 47 July 1, 2025 New section
2351	2351	Sec. 48 July 1, 2025 10-76b
2352	2352	Sec. 49 July 1, 2026 10-91j
2353	2353	Sec. 50 July 1, 2025 10a-157a(h)
2354	2354	Sec. 51 July 1, 2025 New section
2355	2355	Sec. 52 July 1, 2025 New section
2356	2356	Raised Bill No. 1561
2357	2357
2358	2358
2359	2359
2360	2360	LCO No. 7246 63 of 63
2361	2361
2362	2362	Sec. 53 July 1, 2025 New section
2363	2363	Sec. 54 July 1, 2025 New section
2364	2364	Sec. 55 July 1, 2025 New section
2365	2365
2366	2366	Statement of Purpose:
2367	2367	To address issues relating to resources for special education in
2368	2368	Connecticut.
2369	2369
2370	2370	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
2371	2371	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
2372	2372	underlined.]
2373	2373