(P.A. 00-127, S. 1, 4; P.A. 05-156, S. 11.)
Sec. 10-295. Specialized vision-related instruction, educational programs,
goods and services. Expense of services. Teachers and educational resources; funding. Adult home instruction. Adaptive equipment. (a) All residents of this state, regardless of age, who, because of blindness or impaired vision, require specialized vision-related educational programs, goods and services, on the signed recommendation of the
director of the Board of Education and Services for the Blind, shall be entitled to receive
such instruction, programs, goods and services for such length of time as is deemed
expedient by said director. Upon the petition of any parent or guardian of a blind child
or a child with impaired vision, a local board of education may provide such instruction
within the town or it may provide for such instruction by agreement with other towns
as provided in subsection (d) of section 10-76d. All educational privileges prescribed
in part V of chapter 164, not inconsistent with the provisions of this chapter, shall apply
to the pupils covered by this subsection.
(b) The Board of Education and Services for the Blind shall expend funds for the
services made available pursuant to subsection (a) of this section from the educational aid
for blind and visually handicapped children account in accordance with the provisions of
this subsection. The expense of such services shall be paid by the state in an amount
not to exceed six thousand four hundred dollars in any one fiscal year for each child
who is blind or visually impaired. The Board of Education and Services for the Blind
may adopt such regulations as it deems necessary to carry out the purpose and intent of
this subsection.
(1) The Board of Education and Services for the Blind shall provide, upon written
request from any interested school district, the services of teachers of the visually impaired, based on the levels established in the individualized education or service plan.
The agency shall also make available its resources, including, but not limited to, the
Braille and large print library, to all teachers of public and nonpublic school children.
The agency may also provide vision-related professional development and training to
all school districts and cover the actual cost for paraprofessionals from school districts
to participate in agency-sponsored Braille training programs. The agency shall utilize
education consultant positions authorized as of July 1, 2001, funded by moneys appropriated from the General Fund, to supplement new staffing that will be made available
through the educational aid for the blind and visually handicapped children account,
which shall be governed by formal written policies established by the agency.
(2) The Board of Education and Services for the Blind shall use funds appropriated
to said account, first to provide specialized books, materials, equipment, supplies, adaptive technology services and devices, specialist examinations and aids, preschool programs and vision-related independent living services, excluding primary educational
placement, for eligible children without regard to a per child statutory maximum.
(3) The Board of Education and Services for the Blind may, within available appropriations, employ certified teachers of the visually impaired in sufficient numbers to
meet the requests for services received from school districts. In responding to such
requests, the agency shall utilize a formula for determining the number of teachers
needed to serve the school districts, crediting six points for each Braille-learning child
and one point for each other child, with one full-time certified teacher of the visually
impaired assigned for every twenty-five points credited. The agency shall exercise due
diligence to employ the needed number of certified teachers of the visually impaired,
but shall not be liable for lack of resources. Funds appropriated to said account may also
be utilized to employ rehabilitation teachers, rehabilitation technologists and orientation
and mobility teachers in numbers sufficient to provide compensatory skills evaluations
and training to blind and visually impaired children. Not later than October first of each
year, the Board of Education and Services for the Blind shall determine the number
of teachers needed based on the formula provided in this subdivision. Based on such
determination the Board of Education and Services for the Blind shall estimate the
funding needed to pay such teachers' salaries, benefits and related expenses.
(4) In any fiscal year, when funds appropriated to cover the combined costs associated with providing the services set forth in subdivisions (2) and (3) of this subsection
are projected to be insufficient, the Board of Education and Services for the Blind shall
be authorized to collect revenue from all school districts that have requested such services on a per student pro rata basis, in the sums necessary to cover the projected portion
of these services for which there are insufficient appropriations.
(5) Remaining funds in said account, not expended to fund the services set forth in
subdivisions (2) and (3) of this subsection, shall be used to cover on a pro rata basis,
the actual cost with benefits of retaining a teacher of the visually impaired, directly hired
or contracted by the school districts which opt to not seek such services from the Board
of Education and Services for the Blind, provided such teacher has participated in not less
than five hours of professional development training on vision impairment or blindness
during the school year. Reimbursement shall occur at the completion of the school year,
using the caseload formula denoted in subdivision (3) of this section, with twenty-five
points allowed for the maximum reimbursable amount as established by the agency
annually.
(6) Remaining funds in such account, not expended to fund the services set forth
in subdivisions (2), (3) and (5) of this subsection, shall be distributed to the school
districts on a pro rata formula basis with a two-to-one credit ratio for Braille-learning
students to non-Braille-learning students in the school district based upon the annual
child count data provided pursuant to subdivision (1) of this subsection, provided the
school district submits an annual progress report in a format prescribed by the agency
for each eligible child.
(c) The Board of Education and Services for the Blind may provide for the instruction of the adult blind in their homes, expending annually for this purpose such sums
as the General Assembly may appropriate.
(d) The Board of Education and Services for the Blind may expend up to ten thousand dollars per fiscal year per person twenty-one years of age or over who is both blind
or visually impaired and deaf for the purpose of providing services through specialized
public and private entities from which such person can benefit. Said board may determine the criteria by which a person is eligible to receive specialized services and may
adopt regulations necessary to carry out the provisions of this subsection.
(e) The Board of Education and Services for the Blind may, within available appropriations, purchase adaptive equipment for persons receiving services pursuant to this
chapter.
(1949 Rev., S. 1610; 1949, 1953, 1955, S. 1002d; March, 1958, P.A. 17, S. 1; 1959, P.A. 582; 591; 1961, P.A. 539, S.
4; 1963, P.A. 386, S. 3; 577; February, 1965, P.A. 289, S. 1, 2; 574, S. 12; 1967, P.A. 462, S. 1, 2; 1969, P.A. 159, S. 1,
2; 580, S. 1, 2; 767, S. 2; 1971, P.A. 567, S. 1; 1972, P.A. 212, S. 1; P.A. 73-469, S. 1, 2; P.A. 74-260, S. 1, 2; P.A. 78-211, S. 1, 2; 78-218, S. 201; P.A. 79-525, S. 1; P.A. 81-378, S. 1, 2; June 18 Sp. Sess. P.A. 97-2, S. 138, 165; P.A. 98-252,
S. 26, 80; P.A. 03-219, S. 1; P.A. 04-16, S. 1; P.A. 05-156, S. 6.)
History: 1959 acts required that child and either parent or guardian have resided in state for three years immediately
preceding application for aid and increased maximum payment by the state; 1961 act further increased maximum payment,
increased the maximum additional sum payable, added the provision for blind children with other severe physical handicaps
or mental retardation or emotionally maladjusted children, reduced the residence requirement from three years to one year
and added Subsec. (c); 1963 acts increased the state's maximum payment and changed the name of the board; 1965 acts
increased maximum payment for instruction in Subsec. (a) from twenty-one to twenty-seven hundred dollars per year and
increased maximum payment in Subsec. (b) from forty-five hundred to five thousand dollars per year and substituted Sec.
10-75g for reference to repealed Sec. 10-81 in Subsec. (a); 1967 act increased maximum payment in Subsec. (a) to two
thousand nine hundred dollars and in Subsec. (b) to five thousand five hundred dollars; 1969 acts amended Subsec. (a) to
require recommendation of director rather than affirmative vote of three board members for special instruction, to require
director to submit names of those recommended to the board, to substitute Sec. 10-76d for Sec. 10-75g, to increase maximum
payment for instruction to three thousand four hundred dollars, to increase clothing payments from sixty to one hundred
dollars, to add provisions re reimbursement for transportation costs and to extend provisions to those with impaired vision,
amended Subsec. (b) to require bona fide residency for eligibility rather than three years' residency, to increase maximum
payment to six thousand dollars and to extend provisions to those with impaired vision; 1971 act made provisions applicable
to persons regardless of age, increased maximum payment in Subsec. (a) to four thousand dollars and in Subsec. (b) to
seven thousand dollars; 1972 act increased maximum payment in Subsec. (a) to four thousand eight hundred dollars and
in Subsec. (b) to eight thousand four hundred dollars; P.A. 73-469 increased payment in Subsec. (a) to five thousand four
hundred dollars; P.A. 74-260 increased payment in Subsec. (a) to six thousand four hundred dollars and in Subsec. (b) to
nine thousand four hundred dollars; P.A. 78-211 increased maximum payment in Subsec. (b) to twelve thousand dollars;
P.A. 78-218 included regional boards of education in transportation reimbursement provisions in Subsec. (a) and removed
masculine personal pronouns in Subsec. (b); P.A. 79-525 added Subsec. (d) re expenditures for persons twenty-one or
older who are both blind or visually impaired and deaf; P.A. 81-378 raised maximum expenditure per year per child from
twelve thousand to fourteen thousand dollars in Subsec. (b); June 18 Sp. Sess. P.A. 97-2 amended Subsec. (a) by requiring
a local or regional board of education to request reimbursement by the first of June for expenses incurred during the
preceding first of July through the thirty-first of December and by the first of December for expenses incurred during the
preceding first of January through the thirtieth of June, amended Subsec. (b) by decreasing the amount of funds the board
may expend for sending certain children to specialized facilities from fourteen to eleven thousand dollars, and added
Subsec. (e) allowing the board to purchase adaptive equipment and specifying the cost limits of such purchases, effective
July 1, 1997; P.A. 98-252 amended Subsec. (a) to substitute referral by a local or regional board of education for referral
by the State Board of Education for purposes of providing instruction to children with vision greater than as defined in Sec.
10-294a, effective July 1, 1998; P.A. 03-219 amended Subsec. (a) by substituting "specialized vision-related educational
programs, goods and services" for "special educational programs", making conforming change, and deleting provisions re
submission of names by director to the board, "educable" child, six-thousand-four-hundred-dollar per person instructional
spending limit, one-hundred-dollar per person clothing allowance, three-hundred-dollar per person transportation allowance, and services to a child with vision greater than as defined in Sec. 10-294a, amended Subsec. (b) by deleting provisions
re eleven-thousand-dollar per fiscal year per child instructional spending limit for children with multiple handicaps, adding
provision re six-thousand-four-hundred-dollar per fiscal year per child instructional spending limit and adding Subdivs.
(1) to (6) re educational resources and teachers provided by the Board of Education and Services for the Blind to school
districts, establishment of formula to determine the number of teachers needed to serve a district, and establishment of pro
rata formula for distribution of funds from educational aid for blind and visually handicapped children account, effective
July 9, 2003; P.A. 04-16 made technical changes; P.A. 05-156 amended Subsec. (b)(1) to provide that agency may cover
actual cost for paraprofessionals to participate in agency-sponsored Braille training programs, amended Subsec. (b)(3) to
authorize use of account funds to employ rehabilitation teachers, rehabilitation technologists and orientation and mobility
teachers, amended Subsec. (b)(5) to add requirement that costs of retaining teacher for the visually impaired are reimbursable
provided such teacher has participated in not less than five hours of professional development training on vision impairment
or blindness during school year, amended Subsec. (b)(6) to provide for distribution of funds contingent on school district
submitting an annual progress report for each eligible child, amended Subsec. (d) by substituting "providing services
through specialized public and private entities" for "sending such person to a specialized public or private facility within
the state" and making conforming changes and amended Subsec. (e) to delete provision re maximum cost that board could
expend for purchase of adaptive equipment.
Sec. 10-296. Contracts with public or private entities. The director may, within
available appropriations, contract with public or private entities, individuals or private
enterprises for the instruction of the blind.
(1949 Rev., S. 1612; 1961, P.A. 539, S. 5; 1963, P.A. 386, S. 4; 1969, P.A. 159, S. 3; P.A. 05-156, S. 7.)
History: 1961 act changed the technical language of the statute, changed the upper age limit from sixteen to eighteen
years, added requirement that application be made by the executive secretary of the board, added requirement that an initial
investigation be made and changed the substance of the court order; 1963 act changed executive secretary to director; 1969
act substituted director for board; P.A. 05-156 substituted "available appropriations" for "the expenditure therefor provided
in section 10-295" and "entities" for "institutions" and deleted language re director's authority to compel attendance of
blind child at institutions having facilities for the instruction of the blind.
Sec. 10-298. Powers and duties of the Board of Education and Services for the
Blind. (a) The Board of Education and Services for the Blind shall, annually, as provided
in section 4-60, submit to the Governor its report, containing a statement of the activities
of the board during the preceding year. Said board shall prepare and maintain a register
of the blind in this state which shall describe their condition, cause of blindness and
capacity for education and rehabilitative training. The board may register cases of persons whose eyesight is seriously defective and who are liable to become visually disabled
or blind, and may take such measures in cooperation with other authorities as it deems
advisable for the prevention of blindness or conservation of eyesight and, in appropriate
cases, for the education of children and for the vocational guidance of adults having
seriously defective sight but who are not blind. The agency shall establish criteria for low
vision care and maintain a list of ophthalmologists and optometrists that are exclusively
authorized to receive agency funds through established and existing state fee schedules
for the delivery of specifically defined low vision services that increase the capacity of
eligible recipients of such services to maximize the use of their remaining vision.
(b) The board may accept and receive any bequest or gift of personal property and,
subject to the consent of the Governor and Attorney General as provided in section 4b-22, any devise or gift of real property made to said board, and may hold and use such
property for the purposes, if any, specified in connection with such bequest, devise
or gift.
(c) The board shall provide the Department of Motor Vehicles with the names of
all individuals sixteen years of age or older who, on or after October 1, 2005, have been
determined to be blind by a physician or optometrist, as provided in section 10-305.
The board shall provide simultaneous written notification to any individual whose name
is being transmitted by the board to said department. The board shall update the list of
names provided to the Department of Motor Vehicles on a quarterly basis. The board
shall enter into a memorandum of understanding with the Department of Motor Vehicles
to effectuate the purposes of this subsection.
(1949 Rev., S. 1611; September, 1957, P.A. 11, S. 13; 1961, P.A. 539, S. 7; 1963, P.A. 386, S. 5; P.A. 77-147; P.A.
83-307, S. 1, 2; P.A. 84-546, S. 27, 173; P.A. 89-12, S. 1, 3; P.A. 05-156, S. 1.)
History: 1961 act changed inspection requirement from once every three months to annually, made preparation of
register compulsory and clarified right to aid those with defective eyesight but not blind; 1963 act changed the name of
the board; P.A. 77-147 added Subsec. (b) re acceptance of bequest or gift of real or personal property; P.A. 83-307 inserted
new Subsec. (b) to require Connecticut Institute for the Blind to submit proposed operating budget for Oak Hill School to
board of education and services for the blind, relettering former Subsec. (b) as Subsec. (c); P.A. 84-546 made technical
change in Subsec. (a), substituting "activities" for "doings"; P.A. 89-12 deleted provision re the power of the board of
education and services for the blind to visit, inspect and report on the Connecticut Institute for the Blind in Subsec. (a),
deleted former Subsec. (b) re annual submission of proposed operating budget for Oak Hill School and relettered the
remaining Subsec. accordingly; P.A. 05-156 amended Subsec. (a) to require agency to establish criteria for low vision care
and maintain a list of ophthalmologists and optometrists that are to deliver services to persons with low vision, and to
substitute "rehabilitative" for "industrial" and "disabled" for "handicapped" and added new Subsec. (c) re board's duty to
provide Department of Motor Vehicles with the names of persons sixteen years of age or older who have been determined
to be blind.
Sec. 10-298a. Workshops and employment assistance for the blind. Statements to be filed. (a) The Board of Education and Services for the Blind may, within
available appropriations, (1) maintain and develop workshops for training and employing blind persons in trades and occupations suited to their abilities, for the purpose
of producing suitable products and services used by departments, agencies and institutions of the state and its political subdivisions, including, but not limited to towns,
cities, boroughs and school districts; (2) aid blind persons in securing employment, in
developing home industries and in marketing their products and services; (3) develop
and implement rules and guidelines to guarantee that the dignity and rights of citizens
involved in such workshops and work training programs shall be maintained; and (4)
fund employment and vocational training at community rehabilitation facilities.
(b) For any fiscal year that the board operates a workshop pursuant to subsection
(a) of this section, the board shall file with the Comptroller a balance sheet as of June
thirtieth and a statement of operations for the fiscal year ending on that date. A copy of
such statement shall be filed with the Auditors of Public Accounts.
(P.A. 75-231, S. 2, 6; P.A. 05-156, S. 8.)
History: P.A. 05-156 designated existing provisions as Subsec. (a) and amended same by substituting "may, within
available appropriations," for "is authorized", making technical changes and adding Subdiv. (4) re funding employment
and vocational training at community rehabilitation facilities, and added Subsec. (b) re statements to be filed for any fiscal
year in which the board operates a workshop.
Sec. 10-298b. Preference to be given to products and services. Whenever any
of the products made or manufactured or services provided by blind persons under the
direction or supervision of the Board of Education and Services for the Blind meet the
requirements of any department, institution or agency supported in whole or in part by
the state as to quantity, quality and price such products shall have preference, except over
articles produced or manufactured by Department of Correction industries as provided
in section 18-88, and except for emergency purchases made under section 4-98. All
departments, institutions and agencies supported in whole or in part by the state shall
purchase such articles and services from the Board of Education and Services for the
Blind. Any political subdivision of the state may purchase such articles made or manufactured and services provided by the blind through the Board of Education and Services
for the Blind. Said board shall issue at sufficiently frequent intervals for distribution to
the Commissioner of Administrative Services, the Comptroller and the political subdivisions of the state, a catalog showing styles, designs, sizes and varieties of all products
made by blind persons pursuant to this section or disabled persons pursuant to section
17b-656 and describing all available services provided by the blind or disabled.
(P.A. 75-231, S. 3, 6; P.A. 77-405, S. 3, 5; 77-614, S. 135, 610; P.A. 05-156, S. 9.)
History: P.A. 77-405 included products made by handicapped persons and services provided by them; P.A. 77-614
substituted commissioner of administrative services for director of purchases; P.A. 05-156 substituted "disabled" for
"handicapped".
Sec. 10-306. Vocational rehabilitation program. The Board of Education and
Services for the Blind may maintain a vocational rehabilitation program as authorized
under the Federal Rehabilitation Act of 1973, 29 USC 791 et seq., for the purpose of
providing and coordinating the full scope of necessary services to assist legally blind
recipients of services from the board to prepare for, enter into and maintain employment
consistent with the purposes of said act.
(1949 Rev., S. 1620; 1961, P.A. 539, S. 10; 1963, P.A. 386, S. 9; P.A. 78-218, S. 206; P.A. 05-156, S. 10.)
History: 1961 act deleted limitation on length of hospital care in definition of physical restoration; 1963 act changed
name of board; P.A. 78-218 included feminine personal pronouns and substituted "such person" for "him"; P.A. 05-156
replaced former provisions re board's vocational rehabilitative services program, including definitions of "vocational
rehabilitation", "rehabilitation training" and "physical restoration", with provision authorizing board to maintain a vocational rehabilitation program that assists legally blind recipients of services from the board prepare for, enter into and
maintain employment.
Sec. 10-311. Statement to be filed. Section 10-311 is repealed, effective October
1, 2005.
(1949 Rev., S. 1625; 1963, P.A. 386, S. 14; P.A. 05-156, S. 11.)
Sec. 10-311a. Records confidential. The case records of the Board of Education
and Services for the Blind maintained for the purposes of this chapter shall be confidential and the names and addresses of recipients of assistance under this chapter shall not
be published nor used for purposes not directly connected with the administration of
this chapter, except as necessary to carry out the provisions of sections 10-298 and 17b-6.
(1961 P.A. 539, S. 11; 1963, P.A. 386, S. 15; June 18 Sp. Sess. P.A. 97-2, S. 140, 165; P.A. 05-156, S. 2.)
History: 1963 act changed name of board; June 18 Sp. Sess. P.A. 97-2 added provision allowing case records to be
used to carry out the provisions of Sec. 17b-6, effective July 1, 1997; P.A. 05-156 added reference to Sec. 10-298.