Chapter 164

Sec. 10-15c. *(See end of section for amended version and effective date.) Discrimination in public schools prohibited. School attendance by five-year-olds. (a) The public schools shall be open to all children five years of age and over who reach age five on or before the first day of January of any school year, and each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs and courses of study offered in such public schools, at such time as the child becomes eligible to participate in such activities, programs and courses of study, without discrimination on account of race, as defined in section 46a-51, color, sex, gender identity or expression, religion, national origin, sexual orientation or disability; provided boards of education may, by vote at a meeting duly called, admit to any school children under five years of age.

(b) Nothing in subsection (a) of this section shall be deemed to amend other provisions of the general statutes with respect to curricula, facilities or extracurricular activities.

(P.A. 78-218, S. 10; P.A. 79-128, S. 12, 36; P.A. 80-405, S. 1, 4; P.A. 81-472, S. 10, 159; P.A. 88-360, S. 3, 63; P.A. 97-247, S. 6, 27; P.A. 11-55, S. 8; June Sp. Sess. P.A. 21-2, S. 405.)

*Note: On and after July 1, 2024, this section, as amended by section 3 of public act 23-159 and section 1 of public act 23-208, is to read as follows:

“Sec. 10-15c. Discrimination in public schools prohibited. School attendance by five-year-olds. (a) The public schools shall be open to all children five years of age and over who reach age five on or before the first day of September of any school year, and each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs and courses of study offered in such public schools, at such time as the child becomes eligible to participate in such activities, programs and courses of study, without discrimination on account of race, as defined in section 46a-51, color, sex, gender identity or expression, religion, national origin, sexual orientation or disability; provided a child who has not reached the age of five on or before the first day of September of the school year may be admitted (1) upon a written request by the parent or guardian of such child to the principal of the school in which such child would be enrolled, and (2) following an assessment of such child, conducted by such principal and an appropriate certified staff member of the school, to ensure that admitting such child is developmentally appropriate.

(b) Nothing in subsection (a) of this section shall be deemed to amend other provisions of the general statutes with respect to curricula, facilities or extracurricular activities.”

(P.A. 78-218, S. 10; P.A. 79-128, S. 12, 36; P.A. 80-405, S. 1, 4; P.A. 81-472, S. 10, 159; P.A. 88-360, S. 3, 63; P.A. 97-247, S. 6, 27; P.A. 11-55, S. 8; June Sp. Sess. P.A. 21-2, S. 405; P.A. 23-159, S. 3; 23-208, S. 1.)

History: P.A. 79-128 required equal opportunity to participate in activities, programs and courses of study, deleting former possible limitation of equal opportunity, i.e. “within the limits of existing expenditures in any one school year”; P.A. 80-405 required school authorities to advise children of opportunities available when they are eligible to participate; P.A. 81-472 made technical changes; P.A. 88-360 substituted the provision that public schools be open to all children “who reach age five on or before the first day of January of any school year” for the provision that boards of education “may exclude children who will not attain the age of five years until after the first day of January of any school year”; P.A. 97-247 designated the existing section as Subsec. (a), added “sexual orientation” and added Subsec. (b), effective July 1, 1997; P.A. 11-55 amended Subsec. (a) to prohibit discrimination on account of gender identity or expression; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by adding “as defined in section 46a-51,” to provision re race, adding “or disability”, and making a conforming change, effective June 23, 2021; P.A. 23-159 amended Subsec. (a) by replacing “January” with “September”, effective July 1, 2024; P.A. 23-208 amended Subsec. (a) by deleting provision re boards of education may admit any school children under 5 years of age by vote at a meeting duly called and adding provision re child who has not reached the age of 5 on or before the first day of September may be admitted upon written request of a parent to the principal of the school and following an assessment of such child to ensure admitting such child is developmentally appropriate, effective July 1, 2024.

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Sec. 10-15f. Interstate Compact on Educational Opportunity for Military Children.

INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY
FOR MILITARY CHILDREN

ARTICLE I

PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school districts or variations in entrance or age requirements.

B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting military children.

H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

A. “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC Chapters 1209 and 1211.

B. “Children of military families” means school-aged children, enrolled in kindergarten through twelfth grade, in the household of an active duty member.

C. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to Article VIII of this compact.

D. “Deployment” means the period one month prior to the service members' departure from their home station on military orders to six months after return to their home station.

E. “Educational records” means the official records, files, and data directly related to a student and maintained by the school or local education agency, including, but not limited, to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs.

F. “Extracurricular activities” means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities.

G. “Interstate Commission on Educational Opportunity for Military Children” means the commission that is created under Article IX of this compact, which is generally referred to as the Interstate Commission.

H. “Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth grade public educational institutions.

I. “Member state” means a state that has enacted this compact.

J. “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

K. “Nonmember state” means a state that has not enacted this compact.

L. “Receiving state” means the state to which a child of a military family is sent, brought or caused to be sent or brought.

M. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal or suspension of an existing rule.

N. “Sending state” means the state from which a child of a military family is sent, brought or caused to be sent or brought.

O. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. territory.

P. “Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth grade.

Q. “Transition” means (1) the formal and physical process of transferring from school to school, or (2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.

R. “Uniformed services” means the Army, Navy, Air Force, Marine Corps, Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration, and Public Health Services.

S. “Veteran” means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

ARTICLE III

APPLICABILITY

A. Except as otherwise provided in Section B, this compact shall apply to the children of:

1. Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC Chapters 1209 and 1211;

2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and

3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.

B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

1. Inactive members of the National Guard and military reserves;

2. Members of the uniformed services now retired, except as provided in Section A;

3. Veterans of the uniformed services, except as provided in Section A of this Article; and

4. Other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

ARTICLE IV

EDUCATIONAL RECORDS & ENROLLMENT

A. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

B. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

C. Compacting states shall give thirty days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.

D. Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

ARTICLE V

PLACEMENT & ATTENDANCE

A. When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school and educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes, but is not limited to, honors, International Baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the courses.

B. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation and placement in like programs in the sending state. Such programs include, but are not limited to: (1) Gifted and talented programs; and (2) English as a second language. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

C. (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his current individualized education program; and (2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

D. Local education agency administrative officials shall have flexibility in waiving course and program prerequisites, or other preconditions for placement in courses and programs offered under the jurisdiction of the local education agency.

E. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his parent or legal guardian relative to such leave or deployment of the parent or guardian.

ARTICLE VI

ELIGIBILITY

A. Eligibility for enrollment

1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

3. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he was enrolled while residing with the custodial parent.

B. State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII

GRADUATION

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

A. Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

B. States shall accept: (1) Exit or end-of-course exams required for graduation from the sending state; or (2) national norm-referenced achievement tests; or (3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his senior year, then the provisions of Article VII, Section C shall apply.

C. Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article.

ARTICLE VIII

STATE COORDINATION

A. Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: The state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council.

B. The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council.

ARTICLE IX

INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
MILITARY CHILDREN

The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children”. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

B. Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner.

1. Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting.

4. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

C. Consist of ex-officio, nonvoting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members.

D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

E. Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense, shall serve as an ex-officio, nonvoting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

G. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:

1. Relate solely to the Interstate Commission's internal personnel practices and procedures;

2. Disclose matters specifically exempted from disclosure by federal and state statute;

3. Disclose trade secrets or commercial or financial information which is privileged or confidential;

4. Involve accusing a person of a crime, or formally censuring a person;

5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

6. Disclose investigative records compiled for law enforcement purposes; or

7. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.

H. Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission.

I. Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

J. Create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state.

ARTICLE X

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

A. To provide for dispute resolution among member states.

B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.

D. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

E. To establish and maintain offices which shall be located within one or more of the member states.

F. To purchase and maintain insurance and bonds.

G. To borrow, accept, hire or contract for services of personnel.

H. To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

M. To establish a budget and make expenditures.

N. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

P. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.

Q. To establish uniform standards for the reporting, collecting and exchanging of data.

R. To maintain corporate books and records in accordance with the bylaws.

S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

ARTICLE XI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee, and such other committees as may be necessary;

3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

5. Establishing the titles and responsibilities of the officers and staff of the Interstate Commission;

6. Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations;

7. Providing start-up rules for initial administration of the compact.

B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.

C. Executive Committee, Officers and Personnel

1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including, but not limited to:

a. Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission;

b. Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and

c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission.

2. The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission.

D. The Interstate Commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities provided, such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

1. The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

2. The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

3. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

B. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission.

C. Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule provided, the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority.

D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

ARTICLE XIII

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

A. Oversight

1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission.

3. The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules.

B. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall:

1. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.

2. Provide remedial training and specific technical assistance regarding the default.

3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

5. The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.

6. The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

7. The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

C. Dispute Resolution

1. The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.

2. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement

1. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

ARTICLE XIV

FINANCING OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.

B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XV

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XVI

WITHDRAWAL AND DISSOLUTION

A. Withdrawal

1. Once effective, the compact shall continue in force and remain binding upon each and every member state provided a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction.

3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

B. Dissolution of Compact

1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other Laws

1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

2. All member states' laws conflicting with this compact are superseded to the extent of the conflict.

B. Binding Effect of the Compact

1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

2. All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

(P.A. 08-57, S. 1; P.A. 23-160, S. 34.)

History: P.A. 08-57 effective May 12, 2008; P.A. 23-160 made technical changes, effective July 1, 2023.

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Sec. 10-15j. Connecticut Remote Learning Commission. (a) As used in this section, “remote learning” means instruction by means of one or more Internet-based software platforms as part of a remote learning model.

(b) The Department of Education shall establish the Connecticut Remote Learning Commission to analyze and provide recommendations concerning the provision of remote learning to public school students enrolled in grades kindergarten to twelve, inclusive. The commission shall create a report that includes an analysis and recommendations concerning:

(1) The impact of remote learning on (A) the educational attainment of students in elementary, middle and high school, (B) students' physical and emotional development, access to special services including mental health, and access to food security and nutrition, and (C) the quality of instructional delivery. Such analysis shall be conducted and collect data that is disaggregated based on subgroups of students, such as race, ethnicity, age, gender, eligibility for free or reduced priced lunches, students whose primary language is not English and students with disabilities;

(2) The feasibility of creating a state-wide remote learning school that will serve students in grades kindergarten to twelve, inclusive, that is (A) maintained by and under the direction and control of the State Board of Education, (B) provides in each school year not less than one hundred eighty days of actual school sessions and nine hundred hours of actual school work for grades kindergarten to twelve, inclusive, provided not more than seven hours of actual school work in any school day shall count toward the total required for the school year, (C) offers coursework and a curriculum that is rigorous, aligned with curriculum guidelines approved by the State Board of Education, and in accordance with the state-wide subject matter content standards, adopted by the state board pursuant to section 10-4, (D) grants a diploma, in accordance with the provisions of section 10-5, to any student enrolled in such state-wide remote learning school who has satisfactorily completed the high school graduation requirements described in section 10-221a, and (E) is created with consideration given to best practices in remote learning, technological capabilities of students throughout the state and equity;

(3) The costs associated with establishing one or more public state-wide or regional remote learning schools, including an examination of how other states have utilized such state-wide remote learning schools;

(4) The fiscal impact that various remote learning models could have on local and regional school districts; and

(5) Options to ensure that students who are receiving or participating in remote learning have adequate parental or adult supervision, educational support, technical assistance, continuity of attendance and engagement.

(1) Two appointed by the speaker of the House of Representatives, one of whom is a representative of the Connecticut Association of Boards of Education and one of whom is a representative of the Connecticut Education Association;

(2) Two appointed by the president pro tempore of the Senate, one of whom is a representative of the RESC Alliance and one of whom is a representative of the Neag School of Education at The University of Connecticut;

(3) Two appointed by the majority leader of the House of Representatives, one of whom is a representative of the Connecticut Association of Public School Superintendents and one of whom is a representative of the American Federation of Teachers-Connecticut;

(4) Two appointed by the majority leader of the Senate, one of whom is a representative of the Connecticut Commissioner for Educational Technology and one of whom is a representative of the Connecticut Council of Administrators of Special Education;

(5) Two appointed by the minority leader of the House of Representatives, one of whom is a representative of the Connecticut Association of Schools and one of whom is a representative of the Connecticut Association of Latino Administrators and Superintendents;

(6) Two appointed by the minority leader of the Senate, one of whom is a representative of the Social and Emotional and School Climate Advisory Collaborative, established pursuant to section 10-222q, and one of whom is a representative of the State Education Resource Center, established pursuant to section 10-357a;

(7) One appointed by the Commissioner of Education;

(8) The president of Charter Oak State College, or the president's designee;

(9) The Commissioner of Education, or the commissioner's designee;

(10) The Commissioner of Early Childhood, or the commissioner's designee; and

(11) The executive director of the Office of Higher Education, or the executive director's designee.

(d) All initial appointments to the commission shall be made not later than sixty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The Commissioner of Education, or the commissioner's designee, shall serve as the chairperson of the commission.

(f) Not later than July 1, 2022, the commission shall submit a report on its findings and recommendations to the Governor, the State Board of Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and children, in accordance with the provisions of section 11-4a.

(June Sp. Sess. P.A. 21-2, S. 387; P.A. 23-160, S. 15, 16.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021; P.A. 23-160 made technical changes in Subsecs. (c)(5) and (e), effective June 28, 2023.

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Sec. 10-15k. Plan re state-wide remote learning school. (a) As used in this section:

(1) “Remote learning” means instruction by means of one or more Internet-based software platforms as part of a remote learning model; and

(2) “Eligible student” means a student who resides in the state, but is unable to attend school in person due to a medical diagnosis, including a psychological or physical condition or restriction, or medical exemption to required immunizations, documented by the child's health care provider.

(b) The Department of Education shall develop a plan for the creation and implementation of a state-wide remote learning school that offers grades kindergarten to twelve, inclusive, and provides remote learning to students. In the course of developing such plan, the department shall (1) consider the findings and recommendations of the report created by the Connecticut Remote Learning Commission pursuant to section 10-15j, (2) review remote learning schools and models being implemented in other states, and (3) estimate the number of eligible students. The department shall use, to the extent permissible under federal guidelines, funds received from the Coronavirus Response and Relief Supplemental Appropriations Act, P.L. 116-260, as amended from time to time, to develop such plan.

(c) Any state-wide remote learning school that may be created under such plan shall (1) be maintained by and under the direction and control of the State Board of Education, (2) provide in each school year not less than one hundred eighty days of actual school sessions and nine hundred hours of actual school work for grades kindergarten to twelve, inclusive, provided not more than seven hours of actual school work in any school day shall count toward the total required for the school year, (3) offer coursework and a curriculum that is rigorous, aligned with curriculum guidelines approved by the State Board of Education, and in accordance with the state-wide subject matter content standards, adopted by the state board pursuant to section 10-4, (4) grant a diploma, in accordance with the provisions of section 10-5, to any student enrolled in such state-wide remote learning school who has satisfactorily completed the high school graduation requirements described in section 10-221a, and (5) be created with consideration given to best practices in remote learning, technological capabilities of students throughout the state and equity.

(d) The department shall draft a request for proposals for any items required to create and implement a state-wide remote learning school.

(e) Not later than January 1, 2024, the department shall submit the plan, the draft request for proposals and any recommendations for legislation related to the implementation of such plan to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a.

(June Sp. Sess. P.A. 21-2, S. 388; P.A. 23-160, S. 5.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2022; P.A. 23-160 amended Subsec. (a) by designating existing definition of “remote learning” as Subdiv. (1) and adding Subdiv. (2) to define “eligible student”, amended Subsec. (b) by replacing “students who reside in Connecticut that may be eligible to enroll in such state-wide remote learning school” with “eligible students”, and amended Subsec. (e) by replacing “July 1, 2023” with “January 1, 2024”, effective July 1, 2023.

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Sec. 10-15n. Family and community engagement in education council. (a) The Commissioner of Education shall convene a family and community engagement in education council. The council shall (1) advise the commissioner on issues and policies related to family and community engagement in education, (2) provide parent and community feedback on products and initiatives offered by the Department of Education, (3) review and make recommendations regarding the State Board of Education's five-year comprehensive plan concerning school-family-community partnership initiatives, and (4) review and make recommendations regarding effective practices to increase school and district capacity to develop successful partnerships and families' capacity to support their children's education. The council shall meet at least quarterly.

(b) The commissioner shall select the membership of the council, provided such membership balances representation from school and district staff, parents and guardians of students and community members who reflect the state's geographic, economic, ethnic and racial diversity and bring an authentic parent and community voice to the council.

(c) Not later than January 1, 2025, and annually thereafter, the council shall submit a report on its review and recommendations regarding the comprehensive five-year plan regarding school-family-community partnership initiatives to the State Board of Education and the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

(P.A. 23-160, S. 7.)

History: P.A. 23-160 effective July 1, 2023.

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Sec. 10-16. Length of school year. Each school district shall provide in each school year no less than one hundred eighty days of actual school sessions for grades kindergarten to twelve, inclusive, nine hundred hours of actual school work for full-day kindergarten and grades one to twelve, inclusive, and four hundred fifty hours of half-day kindergarten, provided school districts shall not count more than seven hours of actual school work in any school day towards the total required for the school year. Remote learning shall be considered an actual school session for purposes of this section, provided such remote learning is conducted in compliance with the standards developed pursuant to subsection (b) of section 10-4w. If weather conditions result in an early dismissal or a delayed opening of school, a school district which maintains separate morning and afternoon half-day kindergarten sessions may provide either a morning or afternoon half-day kindergarten session on such day. As used in this section, “remote learning” means instruction by means of one or more Internet-based software platforms as part of a remote learning model.

(1949 Rev., S. 1350; 1961, P.A. 86; 1967, P.A. 186, S. 1; P.A. 77-262; P.A. 79-128, S. 4, 36; P.A. 81-78, S. 1, 2; P.A. 82-106, S. 1, 2; P.A. 85-37, S. 1, 2; P.A. 96-161, S. 1, 13; P.A. 98-243, S. 13, 25; P.A. 21-46, S. 17; June Sp. Sess. P.A. 21-2, S. 392; P.A. 23-160, S. 17.)

History: 1961 act added provisions for computing half a school day and for dismissal because of weather conditions, and changed the technical language; 1967 act included nursery schools in provision for two and one-half hour school day; P.A. 77-262 established two hour session as school day when nursery school or kindergarten dismissed early because of weather conditions or scheduled early closing; P.A. 79-128 deleted qualifying phrase “For the purpose of apportionment” with regard to determination of school days; P.A. 81-78 required that beginning with the fiscal year ending June 30, 1983, each school district shall provide no less than 450 hours of actual school work for nursery schools and kindergartens and no less than 900 of actual school work for grades one to twelve; P.A. 82-106 repealed requirement that no less than 450 hours of actual school work be provided for nursery school and kindergarten students; P.A. 85-37 amended section to require 180 days of actual school sessions and to allow school districts to count up to seven hours per school day towards the required yearly number of hours; P.A. 96-161 removed requirements for the length of the school day, added requirement for no less than 450 hours of kindergarten for a school year and added provision allowing school districts which maintain separate kindergarten sessions to provide either a morning or afternoon session if weather conditions result in an early dismissal or delayed opening of school, effective June 3, 1996; P.A. 98-243 added language to set different requirements for half and full-day kindergarten programs, effective July 1, 1998; P.A. 21-46 added provisions re virtual learning and defined “virtual learning”, effective July 1, 2021; June Sp. Sess. P.A. 21-2 redefined “virtual learning” as “remote learning” and replaced “an in-person or” with “a” in the definition, and replaced references to “virtual learning” with “remote learning”, effective July 1, 2021; P.A. 23-160 made technical changes, effective June 28, 2023.

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Sec. 10-16b. *(See end of section for amended version and effective date.) Prescribed courses of study. (a) In the public schools the program of instruction offered shall include at least the following subject matter, as taught by legally qualified teachers, the arts; career education; consumer education; personal financial management and financial literacy; health and safety, including, but not limited to, human growth and development, nutrition, first aid, including cardiopulmonary resuscitation training in accordance with the provisions of section 10-16qq, disease prevention and cancer awareness, including, but not limited to, age and developmentally appropriate instruction in performing self-examinations for the purposes of screening for breast cancer and testicular cancer, community and consumer health, physical, mental and emotional health, including youth suicide prevention, substance abuse prevention, including instruction relating to opioid use and related disorders, safety, which shall include the safe use of social media, as defined in section 9-601, and may include the dangers of gang membership, and accident prevention; language arts, including reading, writing, grammar, speaking and spelling; mathematics; physical education; science, which shall include the climate change curriculum described in subsection (d) of this section; social studies, including, but not limited to, citizenship, economics, geography, government, history and Holocaust and genocide education and awareness in accordance with the provisions of section 10-18f; African-American and black studies in accordance with the provisions of section 10-16ss; Puerto Rican and Latino studies in accordance with the provisions of section 10-16ss; Native American studies, in accordance with the provisions of section 10-16vv; computer programming instruction; and in addition, on at least the secondary level, one or more world languages; vocational education; and the black and Latino studies course in accordance with the provisions of sections 10-16tt and 10-16uu. For purposes of this subsection, world languages shall include American Sign Language, provided such subject matter is taught by a qualified instructor under the supervision of a teacher who holds a certificate issued by the State Board of Education. For purposes of this subsection, the “arts” means any form of visual or performing arts, which may include, but not be limited to, dance, music, art and theatre; and “reading” means evidence-based instruction that focuses on competency in oral language, phonemic awareness, phonics, fluency, vocabulary, rapid automatic name or letter name fluency and reading comprehension.

(b) If a local or regional board of education requires its pupils to take a course in a world language, the parent or guardian of a pupil identified as deaf or hard of hearing may request in writing that such pupil be exempted from such requirement and, if such a request is made, such pupil shall be exempt from such requirement.

(c) Each local and regional board of education shall on September 1, 1982, and annually thereafter at such time and in such manner as the Commissioner of Education shall request, attest to the State Board of Education that such local or regional board of education offers at least the program of instruction required pursuant to this section, and that such program of instruction is planned, ongoing and systematic.

(d) The State Board of Education shall make available curriculum materials and such other materials as may assist local and regional boards of education in developing instructional programs pursuant to this section. The State Board of Education, within available appropriations and utilizing available resource materials, shall assist and encourage local and regional boards of education to include: (1) Holocaust and genocide education and awareness; (2) the historical events surrounding the Great Famine in Ireland; (3) African-American and black studies; (4) Puerto Rican and Latino studies; (5) Native American studies; (6) personal financial management, including, but not limited to, financial literacy as developed in the plan provided under section 10-16pp; (7) training in cardiopulmonary resuscitation and the use of automatic external defibrillators; (8) labor history and law, including organized labor, the collective bargaining process, existing legal protections in the workplace, the history and economics of free market capitalism and entrepreneurialism, and the role of labor and capitalism in the development of the American and world economies; (9) climate change consistent with the Next Generation Science Standards; (10) topics approved by the state board upon the request of local or regional boards of education as part of the program of instruction offered pursuant to subsection (a) of this section; and (11) instruction relating to the Safe Haven Act, sections 17a-57 to 17a-61, inclusive. The Department of Energy and Environmental Protection shall be available to each local and regional board of education for the development of curriculum on climate change as described in this subsection.

(P.A. 78-218, S. 11; 78-303, S. 85, 136; P.A. 79-128, S. 13, 36; P.A. 80-166, S. 2; P.A. 89-133, S. 1, 2; 89-185, S. 1, 2; P.A. 93-416, S. 6, 10; P.A. 95-101, S. 1; P.A. 97-45, S. 1; 97-61, S. 1; P.A. 08-153, S. 8; P.A. 11-136, S. 1; P.A. 12-198, S. 4; P.A. 15-17, S. 1; 15-94, S. 1; 15-138, S. 1; P.A. 16-188, S. 4; P.A. 17-202, S. 13, 102; P.A. 18-24, S. 1; 18-181, S. 8; 18-182, S. 2; P.A. 19-12, S. 1; 19-128, S. 1; June Sp. Sess. P.A. 21-2, S. 376, 397; P.A. 22-118, S. 263; P.A. 23-21, S. 2; 23-160, S. 18.)

*Note: On and after July 1, 2025, this section, as amended by section 32 of public act 22-80, section 3 of public act 23-21, section 7 of public act 23-150 and section 19 of public act 23-160, is to read as follows:

“Sec. 10-16b. Prescribed courses of study. (a) In the public schools the program of instruction offered shall include at least the following subject matter, as taught by legally qualified teachers, the arts; career education; consumer education; personal financial management and financial literacy; health and safety, including, but not limited to, human growth and development, nutrition, first aid, including cardiopulmonary resuscitation training in accordance with the provisions of section 10-16qq, disease prevention and cancer awareness, including, but not limited to, age and developmentally appropriate instruction in performing self-examinations for the purposes of screening for breast cancer and testicular cancer, community and consumer health, physical, mental and emotional health, including youth suicide prevention, substance abuse prevention, including instruction relating to opioid use and related disorders, safety, which shall include the safe use of social media, as defined in section 9-601, and may include the dangers of gang membership, and accident prevention; language arts, including reading, writing, grammar, speaking and spelling; mathematics; physical education; science, which may include the climate change curriculum described in subsection (d) of this section; social studies, including, but not limited to, civics and media literacy, citizenship, economics, geography, government, history and Holocaust and genocide education and awareness in accordance with the provisions of section 10-18f; African-American and black studies in accordance with the provisions of section 10-16ss; Puerto Rican and Latino studies in accordance with the provisions of section 10-16ss; Native American studies, in accordance with the provisions of section 10-16vv; Asian American and Pacific Islander studies, in accordance with the provisions of section 10-66ww; computer programming instruction; and in addition, on at least the secondary level, one or more world languages; vocational education; and the black and Latino studies course in accordance with the provisions of sections 10-16tt and 10-16uu. For purposes of this subsection, world languages shall include American Sign Language, provided such subject matter is taught by a qualified instructor under the supervision of a teacher who holds a certificate issued by the State Board of Education. For purposes of this subsection, the “arts” means any form of visual or performing arts, which may include, but not be limited to, dance, music, art and theatre; and “reading” means evidence-based instruction that focuses on competency in oral language, phonemic awareness, phonics, fluency, vocabulary, rapid automatic name or letter name fluency and reading comprehension.

(d) The State Board of Education shall make available curriculum materials and such other materials as may assist local and regional boards of education in developing instructional programs pursuant to this section. The State Board of Education, within available appropriations and utilizing available resource materials, shall assist and encourage local and regional boards of education to include: (1) Holocaust and genocide education and awareness; (2) the historical events surrounding the Great Famine in Ireland; (3) African-American and black studies; (4) Puerto Rican and Latino studies; (5) Native American studies; (6) Asian American and Pacific Islander studies; (7) personal financial management, including, but not limited to, financial literacy as developed in the plan provided under section 10-16pp; (8) training in cardiopulmonary resuscitation and the use of automatic external defibrillators; (9) labor history and law, including organized labor, the collective bargaining process, existing legal protections in the workplace, the history and economics of free market capitalism and entrepreneurialism, and the role of labor and capitalism in the development of the American and world economies; (10) climate change consistent with the Next Generation Science Standards; (11) topics approved by the state board upon the request of local or regional boards of education as part of the program of instruction offered pursuant to subsection (a) of this section; and (12) instruction relating to the Safe Haven Act, sections 17a-57 to 17a-61, inclusive. The Department of Energy and Environmental Protection shall be available to each local and regional board of education for the development of curriculum on climate change as described in this subsection.”

History: P.A. 78-303 allowed substitution of commissioner of education for secretary of state board of education in accordance with P.A. 77-614, S. 302, effective January 1, 1979; P.A. 79-128 replaced specific subject listings with more general subject matter areas and added Subsecs. (b) and (c); P.A. 80-166 changed initial date in Subsec. (b) from “in 1981” to “on September 1, 1982”; P.A. 89-133 in Subsec. (a) added provision that language arts may include certain sign languages, added new Subsec. (b) providing an exemption from foreign language requirements for deaf or hearing impaired pupils and relettered Subsecs. (b) and (c) as Subsecs. (c) and (d); P.A. 89-185 in Subsec. (a) added the subjects which health and safety education shall include but not be limited to; P.A. 93-416 amended Subsec. (a) to provide that “safety” may include the dangers of gang membership, effective June 29, 1993; P.A. 95-101 added provision concerning Holocaust education and awareness in Subsec. (d); P.A. 97-45 amended Subsec. (d) to add provision concerning the Great Famine in Ireland; P.A. 97-61 amended Subsec. (d) to expand the list of topics for programs of instruction to include African-American History, Puerto-Rican History, Native American History, personal financial management and topics approved by the State Board of Education at the request of local or regional boards of education; P.A. 08-153 amended Subsec. (a) to define “arts”, effective July 1, 2008; P.A. 11-136 amended Subsec. (a) by replacing “foreign” with “world”, replacing “language arts may” with “world languages shall” and replacing “sign language or signed English” with “Sign Language” and amended Subsec. (d)(1) by adding “and genocide”, effective July 1, 2011 (Revisor's note: In Subsec. (b), a reference to “foreign language” was changed editorially by the Revisors to “world language” to conform with changes made in Subsec. (a) by P.A. 11-136); P.A. 12-198 amended Subsec. (d) by adding new Subdiv. (7) re training in cardiopulmonary resuscitation and use of automatic external defibrillators and redesignating existing Subdiv. (7) as Subdiv. (8), effective July 1, 2012; P.A. 15-17 amended Subsec. (d) by adding new Subdiv. (8) re labor history and law and the history and economics of free market capitalism and entrepreneurialism and redesignating existing Subdiv. (8) as Subdiv. (9), effective July 1, 2015; P.A. 15-94 amended Subsec. (a) to provide that “first aid” includes cardiopulmonary resuscitation training, to provide that “safety” shall include the safe use of social media, and by adding computer programming instruction, effective July 1, 2016; P.A. 15-138 amended Subsec. (d) to provide that “personal financial management” includes financial literacy developed in the plan provided under Sec. 10-16pp; P.A. 16-188 amended Subsec. (a) to add provisions re cancer awareness and instruction in performing self-examinations for breast cancer and testicular cancer, effective July 1, 2016; P.A. 17-202 amended Subsec. (b) by replacing “hearing impaired” with “hard of hearing”; P.A. 18-24 amended Subsec. (a) to add provision authorizing inclusion of Holocaust and genocide education and awareness in social studies instruction, effective July 1, 2018; P.A. 18-181 amended Subsec. (a) by adding provision authorizing inclusion of climate change curriculum in science instruction and amended Subsec. (d) by adding Subdiv. (9) re climate change consistent with Next Generation Science Standards, redesignating existing Subdiv. (9) as Subdiv. (10) and adding provision requiring Department of Energy and Environmental Protection to be available to boards of education for development of climate change curriculum; P.A. 18-182 amended Subsec. (a) to add provision authorizing inclusion of instruction relating to opioid use and related disorders in substance abuse instruction, and amended Subsec. (d) by adding provision, codified by the Revisors as Subdiv. (11), re instruction relating to Safe Haven Act, effective July 1, 2018; P.A. 19-12 amended Subsec. (a) by adding provisions re African-American and black studies, Puerto Rican and Latino studies and the black and Latino studies course, and amended Subsec. (d) by replacing “African-American history” with “African-American and black studies” in Subdiv. (3) and replacing “Puerto Rican history” with “Puerto Rican and Latino studies” in Subdiv. (4), effective July 1, 2021; P.A. 19-128 amended Subsec. (a) to add “computer science, including, but not limited to,”, effective July 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to define “reading”, effective July 1, 2022, and amended Subsec. (a) by adding provision re Native American studies, and Subsec. (d) by replacing “Native American history” with “Native American studies”, effective July 1, 2023; P.A. 22-80 amended Subsec. (a) by adding provision re Asian American and Pacific Islander studies and amended Subsec. (d) by adding new Subdiv. (6) re Asian American and Pacific Islander studies and redesignating existing Subdivs. (6) to (11) as Subdivs. (7) to (12), effective July 1, 2025; P.A. 22-118 amended Subsec. (a) by replacing “may include the climate change curriculum” with “shall include the climate change curriculum”, effective July 1, 2023; P.A. 23-21 amended Subsec. (a) by adding provision re personal financial management and financial literacy, effective July 1, 2023; P.A. 23-150 amended Subsec. (a) by adding provision re civics and media literacy, effective July 1, 2025; P.A. 23-160 amended Subsec. (a) to define “reading”, effective July 1, 2023.

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Sec. 10-16p. Definitions. Lead agency for school readiness; standards. State financial assistance; eligibility. Unexpended funds. (a) As used in sections 10-16o to 10-16r, inclusive, 10-16u, 17b-749a and 17b-749c:

(1) “School readiness program” means a nonsectarian program that (A) meets the standards set by the Office of Early Childhood pursuant to subsection (b) of this section and the requirements of section 10-16q, and (B) provides a developmentally appropriate learning experience of not less than four hundred fifty hours and one hundred eighty days for eligible children, except as provided in subsection (d) of section 10-16q;

(2) “Eligible children” means children from birth to four years of age, inclusive, and children five years of age who are not eligible to enroll in school pursuant to section 10-15c, or who are eligible to enroll in school and will attend a school readiness program pursuant to section 10-16t;

(3) “Priority school” means a school in which forty per cent or more of the lunches served are served to students who are eligible for free or reduced price lunches pursuant to federal law and regulations, excluding such a school located in a priority school district pursuant to section 10-266p or in a former priority school district receiving a grant pursuant to subsection (c) of this section and, on and after July 1, 2001, excluding such a school in a transitional school district receiving a grant pursuant to section 10-16u;

(4) “Severe need school” means a school in a priority school district pursuant to section 10-266p or in a former priority school district in which forty per cent or more of the lunches served are served to students who are eligible for free or reduced price lunches;

(5) “Accredited” means accredited by the National Association for the Education of Young Children, National Association for Family Child Care, a Head Start on-site program review instrument or a successor instrument pursuant to federal regulations, or otherwise meeting such criteria as may be established by the commissioner, unless the context otherwise requires;

(6) “Year-round” means forty-eight weeks per year, except as provided in subsection (d) of section 10-16q;

(7) “Commissioner” means the Commissioner of Early Childhood;

(8) “Office” means the Office of Early Childhood;

(9) “Seeking accreditation” means a school readiness program seeking accreditation by the National Association for the Education of Young Children, National Association for Family Child Care or a Head Start on-site program review instrument or successor instrument pursuant to federal regulations, or attempting to meet criteria as may be established by the commissioner; and

(10) “Concentration in early childhood education” means a program of study in early childhood education, including, but not limited to, early childhood education, child study, child development or human growth and development.

(b) (1) The office shall be the lead agency for school readiness. For purposes of this section and section 10-16u, school readiness program providers eligible for funding from the office shall include local and regional boards of education, regional educational service centers, family resource centers and providers of child care centers, group child care homes and family child care homes, as described in section 19a-77, Head Start programs, preschool programs and other programs that meet any standards established by the commissioner. The office shall establish standards for school readiness programs. The standards may include, but need not be limited to, guidelines for staff-child interactions, curriculum content, including preliteracy development, lesson plans, parental involvement, staff qualifications and training, transition to school and administration. The office shall develop age-appropriate developmental skills and goals for children attending such programs. The commissioner, in consultation with the president of the Connecticut State Colleges and Universities, the Commissioners of Education and Social Services and other appropriate entities, shall develop a professional development program for the staff of school readiness programs.

(2) For purposes of this section:

(A) Prior to July 1, 2022, “staff qualifications” means that for each early childhood education program accepting state funds for infant, toddler and preschool spaces associated with such program's child care program or school readiness program, there is in each classroom an individual who has at least the following: (i) A childhood development associate credential or an equivalent credential issued by an organization approved by the commissioner and twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Connecticut State Colleges and Universities, after consultation with the commissioner, from an institution of higher education (I) accredited by the Board of Regents for Higher Education or Office of Higher Education, and (II) regionally accredited; (ii) an associate degree with twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Connecticut State Colleges and Universities, after consultation with the commissioner, from such an institution; (iii) a four-year degree with twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Connecticut State Colleges and Universities, after consultation with the commissioner, from such an institution; (iv) certification pursuant to section 10-145b with an endorsement in early childhood education or special education; (v) an associate degree with a concentration in early childhood education from an institution of higher education that is regionally accredited; or (vi) a bachelor's degree with a concentration in early childhood education from an institution of higher education that is regionally accredited;

(B) From July 1, 2022, until June 30, 2025, “staff qualifications” means that for each early childhood education program accepting state funds for infant, toddler and preschool spaces associated with such program's child care program or school readiness program, (i) at least fifty per cent of those individuals with the primary responsibility for a classroom of children (I) hold certification pursuant to section 10-145b with an endorsement in early childhood education or early childhood special education, (II) have been issued an early childhood teacher credential, pursuant to section 10-520b, (III) hold at least an associate degree with a concentration in early childhood education from an institution of higher education that is regionally accredited, or (IV) satisfy the requirements of subdivision (3), (4) or (5) of this subsection, and (ii) such remaining individuals with the primary responsibility for a classroom of children hold a childhood development associate credential or an equivalent credential issued by an organization approved by the commissioner and twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Connecticut State Colleges and Universities, after consultation with the commissioner, from an institution of higher education (I) accredited by the Board of Regents for Higher Education or Office of Higher Education, and (II) regionally accredited;

(C) From July 1, 2025, until June 30, 2029, “staff qualifications” means that for each early childhood education program accepting state funds for infant, toddler and preschool spaces associated with such program's child care program or school readiness program, (i) at least fifty per cent of those individuals with the primary responsibility for a classroom of children (I) hold certification pursuant to section 10-145b with an endorsement in early childhood education or early childhood special education, (II) have been issued an early childhood teacher credential, pursuant to subdivision (2) of section 10-520b, (III) hold at least a bachelor's degree with a concentration in early childhood education from an institution of higher education that is regionally accredited, or (IV) satisfy the requirements of subdivision (3), (4) or (5) of this subsection, and (ii) such remaining individuals with the primary responsibility for a classroom of children (I) hold an associate degree with a concentration in early childhood education from an institution of higher education that is regionally accredited, or (II) have been issued an early childhood teacher credential, pursuant to subdivision (1) of section 10-520b; and

(D) On and after July 1, 2029, “staff qualifications” means that for each early childhood education program accepting state funds for infant, toddler and preschool spaces associated with such program's child care program or school readiness program, one hundred per cent of those individuals with the primary responsibility for a classroom of children (i) hold certification pursuant to section 10-145b with an endorsement in early childhood education or early childhood special education, (ii) have been issued an early childhood teacher credential, pursuant to subdivision (2) of section 10-520b, (iii) hold at least a bachelor's degree with a concentration in early childhood education from an institution of higher education that is regionally accredited, or (iv) satisfy the requirements of subdivision (3), (4) or (5) of this subsection.

(3) Any individual with a bachelor's degree in early childhood education or child development or a bachelor's degree and twelve credits or more in early childhood education or child development, who, on or before June 30, 2015, is employed by an early childhood education program that accepts state funds for infant, toddler and preschool spaces associated with such program's child care program or school readiness program shall be considered to meet the staff qualifications required under subparagraphs (B) to (D), inclusive, of subdivision (2) of this subsection. No such early childhood education program shall terminate any such individual from employment for purposes of meeting the staff qualification requirements set forth in subparagraph (B), (C) or (D) of subdivision (2) of this subsection.

(4) Any individual with an associate degree or a bachelor's degree in early childhood education or child development or an associate degree or a bachelor's degree and twelve credits or more in early childhood education or child development from an institution of higher education that is regionally accredited, other than an associate degree or a bachelor's degree with a concentration in early childhood education, may submit documentation concerning such degree for review and assessment by the office as to whether such degree has a sufficient concentration in early childhood education so as to satisfy the requirements set forth in subparagraphs (B) to (D), inclusive, of subdivision (2) of this subsection.

(5) Any individual with an associate degree with twelve credits or more in early childhood education or child development, as determined by the commissioner or the president of the Connecticut State Colleges and Universities, after consultation with the commissioner, from an institution of higher education (A) accredited by the Board of Regents for Higher Education or Office of Higher Education, and (B) regionally accredited, who has been employed in the same early childhood education program that accepts state funds for infant, toddler and preschool spaces associated with such program's child care program or school readiness program since 1995 shall be considered to meet the staff qualifications required under subparagraphs (B) to (D), inclusive, of subdivision (2) of this subsection until June 30, 2025. On and after July 1, 2025, such individual shall hold a childhood development associate credential or an equivalent credential, described in subparagraph (A) of subdivision (2) of this subsection, or otherwise meet the staff qualifications required under subparagraphs (C) and (D) of subdivision (2) of this subsection. Any such individual who terminates his or her employment with such early childhood education program on or before June 30, 2025, and accepts a position at another early childhood education program accepting state funds for spaces associated with such program's child care program or school readiness program shall submit documentation of such individual's progress toward meeting the staff qualification requirements set forth in subparagraph (B) to (D), inclusive, of subdivision (2) of this subsection in a manner determined by the office.

(c) The commissioner shall establish a grant program to provide spaces in accredited school readiness programs located in priority school districts, as described in section 10-266p, or in former priority school districts for eligible children. The state, acting by and in the discretion of the Commissioner of Early Childhood, in consultation with a town or regional school readiness council, may enter into a contract with a municipality, local or regional board of education, regional educational service center, family resource center, provider of a child care center, group child care home or family child care home, as described in section 19a-77, Head Start program, preschool program or other program that meets such standards established by the commissioner, to provide, within available appropriations, state financial assistance. Eligibility shall be determined for a five-year period based on an applicant's designation as a priority school district for the initial year of application, except that if a school district that receives a grant pursuant to this subsection is no longer designated as a priority school district at the end of such five-year period, such former priority school district shall continue to be eligible to receive a grant pursuant to this subsection. Grant awards shall be made for the fiscal year ending June 30, 2023, and biennially thereafter, contingent upon available funding and a satisfactory annual evaluation. The chief elected official of such town and the superintendent of schools for such priority school district or former priority school district shall submit a plan for the expenditure of grant funds and responses to the local request for proposal process to the commissioner. The commissioner shall review and approve such plans. The plan shall: (1) Be developed in consultation with the local or regional school readiness council established pursuant to section 10-16r; (2) be based on a needs and resource assessment; (3) provide for the issuance of requests for proposals for providers of accredited school readiness programs, provided, after the initial requests for proposals, facilities that have been approved to operate a child care program financed through the Connecticut Health and Education Facilities Authority and have received a commitment for debt service from the Department of Social Services, pursuant to section 17b-749i, on or before June 30, 2014, and on or after July 1, 2014, from the office, are exempt from the requirement for issuance of annual requests for proposals; and (4) identify the need for funding pursuant to section 17b-749a in order to extend the hours and days of operation of school readiness programs in order to provide child care services for children attending such programs.

(d) (1) The commissioner shall establish a competitive grant program to provide spaces in accredited school readiness programs or school readiness programs seeking accreditation located in (A) an area served by a priority school or a former priority school, (B) a town ranked one to fifty when all towns are ranked in ascending order according to town wealth, as defined in subdivision (26) of section 10-262f, whose school district is not a priority school district pursuant to section 10-266p, (C) a town formerly a town described in subparagraph (B) of this subdivision, as provided for in subdivision (2) of this subsection, or (D) a town designated as an alliance district, as defined in section 10-262u, whose school district is not a priority school district pursuant to section 10-266p. A town in which a priority school is located, a regional school readiness council, pursuant to subsection (c) of section 10-16r, for a region in which such a school is located or a town described in subparagraph (B) of this subdivision may apply for such a grant in an amount equal to the number of spaces in an accredited school readiness program or a school readiness program seeking accreditation multiplied by the per child cost set forth in subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be determined for a three-year period based on an applicant's designation as having a priority school or being a town described in subparagraph (B) of this subdivision for the initial year of application. The state, acting by and in the discretion of the Commissioner of Early Childhood, in consultation with a town or regional school readiness council, may enter into a contract with a municipality, local or regional board of education, regional educational service center, family resource center, provider of a child care center, group child care home or family child care home, as described in section 19a-77, Head Start program, preschool program or other program that meets such standards established by the commissioner, to provide, within available appropriations, state financial assistance. The chief elected official of such town and the superintendent of schools of the school district or the regional school readiness council shall submit a plan, as described in subsection (c) of this section, for the expenditure of such grant funds to the commissioner. In awarding grants pursuant to this subsection, the commissioner shall give preference to applications submitted by regional school readiness councils and may, within available appropriations, provide a grant to such town or regional school readiness council that increases the number of spaces for eligible children who reside in an area or town described in subparagraphs (A) to (D), inclusive, of this subdivision, in an accredited school readiness program or a school readiness program seeking accreditation.

(2) (A) Except as provided in subparagraph (C) of this subdivision, commencing with the fiscal year ending June 30, 2005, if a town received a grant pursuant to subdivision (1) of this subsection and is no longer eligible to receive such a grant, the town may receive a phase-out grant for each of the three fiscal years following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection.

(B) The amount of such phase-out grants shall be determined as follows: (i) For the first fiscal year following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection, in an amount that does not exceed seventy-five per cent of the grant amount such town received for the town or school's final year of eligibility pursuant to subdivision (1) of this subsection; (ii) for the second fiscal year following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection, in an amount that does not exceed fifty per cent of the grant amount such town received for the town's or school's final year of eligibility pursuant to subdivision (1) of this subsection; and (iii) for the third fiscal year following the fiscal year such town received its final grant pursuant to subdivision (1) of this subsection, in an amount that does not exceed twenty-five per cent of the grant amount such town received for the town's or school's final year of eligibility pursuant to subdivision (1) of this subsection.

(C) For the fiscal year ending June 30, 2011, and each fiscal year thereafter, any town that received a grant pursuant to subparagraph (B) of subdivision (1) of this subsection for the fiscal year ending June 30, 2010, shall continue to receive a grant under this subsection even if the town no longer meets the criteria for such grant pursuant to subparagraph (B) of subdivision (1) of this subsection.

(e) (1) If funds appropriated for the purposes of subsection (c) of this section are not expended, the commissioner may deposit such unexpended funds in the account established under section 10-16aa and use such unexpended funds in accordance with the provisions of section 10-16aa.

(2) For the fiscal year ending June 30, 2015, and each fiscal year thereafter, if funds appropriated for the purposes of subsection (c) of this section are not expended, an amount up to one million dollars of such unexpended funds may be available for the provision of professional development for early childhood care and education program providers, and staff employed in such programs, provided such programs accept state funds for infant, toddler and preschool slots. Such unexpended funds may be available for use in accordance with the provisions of this subparagraph for the subsequent fiscal year. The commissioner may use such unexpended funds on and after July 1, 2015, to support early childhood education programs accepting state funds in satisfying the staff qualifications requirements of subparagraphs (B) and (C) of subdivision (2) of subsection (b) of this section. The commissioner shall use any such funds to provide assistance to individual staff members, giving priority to those staff members (A) attending an institution of higher education accredited by the Board of Regents for Higher Education or the Office of Higher Education, and approved by the Office of Early Childhood, and regionally accredited, at a maximum of ten thousand dollars per staff member per year for the cost of higher education courses leading to a bachelor's degree or, not later than December 31, 2015, an associate degree, as such degrees are described in said subparagraphs (B) and (C), or (B) receiving noncredit competency-based training approved by the office, at a maximum of one thousand dollars per staff member per year, provided such staff members have applied for all available federal and state scholarships and grants, and such assistance does not exceed such staff members' financial need. Individual staff members shall apply for such unexpended funds in a manner determined by the commissioner. The commissioner shall determine how such unexpended funds shall be distributed.

(3) If funds appropriated for the purposes of subsection (c) of this section are not expended pursuant to subsection (c) of this section, deposited pursuant to subdivision (1) of this subsection, or used pursuant to subdivision (2) of this subsection, the commissioner may use such unexpended funds to support local school readiness programs. The commissioner may use such funds for purposes including, but not limited to, (A) assisting local school readiness programs in meeting and maintaining accreditation requirements, (B) providing training in implementing the preschool assessment and curriculum frameworks, including training to enhance literacy teaching skills, (C) developing a state-wide preschool curriculum, (D) developing student assessments for students in grades kindergarten to two, inclusive, (E) developing and implementing best practices for parents in supporting preschool and kindergarten student learning, (F) developing and implementing strategies for children to successfully transition to preschool and from preschool to kindergarten, including through parental engagement and whole-family supports that may be utilized through the two-generational initiative, established pursuant to section 17b-112l, or through other available resources, (G) providing for professional development, including assisting in career ladder advancement, for school readiness staff, (H) providing supplemental grants to other towns that are eligible for grants pursuant to subsection (c) of this section, and (I) developing a plan to provide spaces in an accredited school readiness program or a school readiness program seeking accreditation to all eligible children who reside in an area or town described in subparagraphs (A) to (D), inclusive, of subdivision (1) of subsection (d) of this section.

(f) Any school readiness program that receives funds pursuant to this section or section 10-16u shall not discriminate on the basis of race, color, national origin, gender, religion or disability. For purposes of this section, a nonsectarian program means any public or private school readiness program that is not violative of the Establishment Clause of the Constitution of the State of Connecticut or the Establishment Clause of the Constitution of the United States of America.

(g) Subject to the provisions of this subsection, no funds received by a town pursuant to subsection (c) or (d) of this section or section 10-16u shall be used to supplant federal, state or local funding received by such town for early childhood education, provided a town may use an amount determined in accordance with this subsection for coordination, program evaluation and administration. Such amount shall be at least five per cent of the total grant allocation, but not more than seventy-five thousand dollars and shall be determined by the commissioner based on the school readiness grant award allocated to the town pursuant to subsection (c) or (d) of this section or section 10-16u and the number of operating sites for coordination, program evaluation and administration. Such amount shall be increased by an amount equal to local funding provided for early childhood education coordination, program evaluation and administration, not to exceed twenty-five thousand dollars. Each town that receives a grant pursuant to subsection (c) or (d) of this section or section 10-16u shall designate a person to be responsible for such coordination, program evaluation and administration and to act as a liaison between the town and the commissioner. Each school readiness program that receives funds pursuant to this section or section 10-16u shall provide information to the commissioner or the school readiness council, as requested, that is necessary for purposes of any school readiness program evaluation.

(h) Any town receiving a grant pursuant to this section may use such grant, with the approval of the commissioner, to prepare a facility or staff for operating a school readiness program and shall be adjusted based on the number of days of operation of a school readiness program if a shorter term of operation is approved by the commissioner.

(i) A town may use grant funds to purchase spaces for eligible children who reside in such town at an accredited school readiness program located in another town. A regional school readiness council may use grant funds to purchase spaces for eligible children who reside in the region covered by the council at an accredited school readiness program located outside such region.

(j) Children enrolled in school readiness programs funded pursuant to this section shall not be counted (1) as resident students for purposes of subdivision (22) of section 10-262f, or (2) in the determination of average daily membership pursuant to subdivision (2) of subsection (a) of section 10-261.

(k) (1) Up to two per cent of the amount of the appropriation for this section may be allocated to the competitive grant program pursuant to subsection (d) of this section. The determination of the amount of such allocation shall be made on or before August first.

(2) Up to two per cent of the amount of the appropriation for this section may be used by the commissioner in a manner consistent with the provisions of section 10-509.

(P.A. 97-259, S. 2, 41; June 18 Sp. Sess. P.A. 97-11, S. 25, 65; P.A. 98-239, S. 30, 35; 98-252, S. 32, 80; P.A. 99-230, S. 1, 10; P.A. 00-187, S. 4, 75; P.A. 01-173, S. 48, 67; June Sp. Sess. P.A. 01-1, S. 11–13, 54; May 9 Sp. Sess. P.A. 02-7, S. 10; June 30 Sp. Sess. P.A. 03-6, S. 15, 30, 32; P.A. 04-15, S. 1; 04-26, S. 1; 04-215, S. 2; 04-254, S. 3; P.A. 05-13, S. 5; 05-245, S. 1, 10, 28; P.A. 06-13, S. 1, 2; 06-135, S. 1, 23; June Sp. Sess. P.A. 07-3, S. 17; June Sp. Sess. P.A. 07-5, S. 44, 50; P.A. 08-85, S. 1; 08-170, S. 4, 35; Sept. Sp. Sess. P.A. 09-6, S. 31, 32; P.A. 10-151, S. 4; P.A. 11-48, S. 194, 285; 11-54, S. 1; P.A. 12-50, S. 1; 12-116, S. 41; June 12 Sp. Sess. P.A. 12-1, S. 286; P.A. 13-118, S. 7; 13-261, S. 2, 3; P.A. 14-39, S. 13; P.A. 15-134, S. 8; 15-227, S. 1–4, 25; P.A. 16-15, S. 3; P.A. 17-41, S. 1; 17-56, S. 7; P.A. 18-123, S. 1; 18-139, S. 1; 18-172, S. 5; 18-184, S. 4, 9; P.A. 19-34, S. 1; 19-117, S. 259; 19-121, S. 9; P.A. 21-172, S. 2; P.A. 22-100, S. 4; P.A. 23-160, S. 35, 36.)

History: P.A. 97-259 effective July 1, 1997; June 18 Sp. Sess. P.A. 97-11 made a technical change in Subsec. (a)(3), added new Subdiv. (4) defining “severe need school” and redesignated former Subdivs. (4) to (7) as Subdivs. (5) to (8), effective July 1, 1997; P.A. 98-239 amended Subsec. (c)(3) to provide that, after the initial requests for proposals, facilities approved to operate a child care program financed through CHEFA and which have received a commitment for debt service pursuant to Sec. 17b-749i are exempt from the requirement for issuance of annual requests for proposals, effective June 8, 1998, and applicable to all grants submitted on and after July 1, 1997; P.A. 98-252 amended Subsec. (a)(1) to allow the commissioner to approve programs for the fiscal years ending June 30, 1998, and June 30, 1999, that are for less hours and days, amended Subsecs. (c) and (d) to make technical changes, amended Subsec. (e)(3) to remove cap of $120,000 per fiscal year, amended Subsec. (g) to allow a town to use up to 5% but no more than $50,000 for coordination, program evaluation and administration, and added new Subsec. (h) re use of grants in certain years to prepare a facility or staff for operating a program, effective June 8, 1998; P.A. 99-230 amended Subsec. (a)(2) to add children attending pursuant to Sec. 10-16t, to renumber existing Subsec. (a)(7) and (8) as Subsec. (a)(8) and (9) and to add new Subsec. (a)(7) defining “year-round”, amended Subsec. (e) to change the percentages in Subdivs. (1) to (3), inclusive, and to add Subdiv. (4) re use of a percentage of grant funds not earmarked by town for expenditure, and added Subsec. (g)(2) re authorization to use increased amount of grant funds for coordination, program evaluation and administration for towns that provide $25,000 in local funding for such purposes, to require towns that receive grants to designate a person to be responsible for coordination, program evaluation and administration and to act as a liaison between the town and the departments, and to require programs to provide information for evaluation purposes, and added Subsecs. (i) re purchase of spaces in program in another town or region and (j) re children not counted as resident students for purposes of Sec. 10-262f, effective July 1, 1999; P.A. 00-187 added provisions re transitional school districts and former priority school districts, amended Subsec. (b) to specify the standards for staff qualifications on and after July 1, 2003, amended Subsec. (d) to allow the awarding of grants in excess of $100,000 to towns with one or more priority schools, amended Subsec. (e) to base grants on the “average” number of enrolled kindergarten students in a priority school district for the “three years” prior to the year the grant is to be paid rather than on the number of such students for the prior year and to provide that no such district receives a grant that is less than the grant it received for the prior fiscal year, and amended Subsec. (h) to extend the provision to the fiscal year ending June 30, 2001, and add requirement for the commissioner's approval, effective July 1, 2000; P.A. 01-173 amended Subsec. (j) to designate portion of existing provisions as Subdiv. (1) and add Subdiv. (2) re determination of average daily membership, effective July 1, 2001; June Sp. Sess. P.A. 01-1 amended Subsec. (b) to require curriculum content to include preliteracy development, amended Subsec. (c)(1) to add reference to the “regional” school readiness council, amended Subsec. (e)(1) to establish a threshold for grants of at least $150,000 and (e)(4) to increase the percentage of funds that are not earmarked that the department is able to use from 10% to 50%, amended Subsec. (g)(1) to allow a town to use the greater of the amounts pursuant to Subparas. (A) or (B), to designate the existing limit as Subpara. (B) and to add Subpara. (A) re $25,000, and amended Subsec. (h) to remove limitation on the provision for specific fiscal years and to substitute limitation for the first three years a town receives grants, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-7 added Subsec. (k) re appropriations for the fiscal year ending June 30, 2003, effective August 15, 2002 (Revisor's note: In Subsec. (k) the numeric dollar amounts “$2,576,580” and “$198,199” were replaced editorially by the Revisors with “two million five hundred seventy-six thousand five hundred eighty dollars” and “one hundred ninety-eight thousand one hundred ninety-nine dollars” for consistency with customary statutory usage); June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) to make definition of “staff qualifications” applicable beginning July 1, 2004, rather than July 1, 2003, amended Subsec. (d) by designating existing provisions as Subdiv. (1), adding reference to former priority schools therein and adding Subdiv. (2) re grants for former priority schools and amended Subsec. (k) by adding provisions re appropriations for the fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003; P.A. 04-15 amended Subsec. (b) to change staff qualifications on and after July 1, 2005, in Subdivs. (1), (2) and (3), and to add Subdiv. (4) re endorsement in early childhood education or special education, effective July 1, 2004; P.A. 04-26 made technical changes in Subsec. (d)(2), effective April 28, 2004; P.A. 04-215 deleted definition of “approved” in Subsec. (a), made technical changes throughout, deleted “or approved” re school readiness program throughout, amended Subsec. (d) to increase maximum grant amount from $100,000 to $107,000 and deleted Subsec. (e)(1) provision re per cent amount of appropriation for noncompetitive grant and former Subsec. (e)(2) re per cent amount of appropriation for competitive grant, and amending redesignated Subdiv. (3) by changing plan submission deadline from January first, to October first, by increasing amount of funds not earmarked for expenditure that department may use from 50% to 70%, and by adding provision re amounts that may be used for school readiness professional development, effective July 1, 2004; P.A. 04-254 amended Subsec. (d)(1) by adding provision re towns ranked according to wealth and deleted former Subsec. (k) re appropriations for fiscal years ending June 30, 2003, June 30, 2004, and June 30, 2005, effective July 1, 2004; P.A. 05-13 amended Subsec. (d) by extending competitive grant program and phase-out to certain towns and making conforming changes, effective May 4, 2005; P.A. 05-245 made a technical change in Subsec. (a)(1), amended Subsec. (b) to extend the current definition of “staff qualifications” to July 1, 2015, and to introduce new standards for staff qualifications on and after July 1, 2015, amended Subsec. (d)(1) by extending grant eligibility from the towns ranked one to twenty-eight, to the towns ranked one to fifty when all towns are ranked in ascending order according to town wealth, and amended Subsec. (e)(1) by adding language re supplemental grants received in the fiscal year ending June 30, 2005, effective July 1, 2005; P.A. 06-13 made technical changes in Subsecs. (d) and (e)(3), effective May 2, 2006; P.A. 06-135 amended Subsec. (e)(3) to delete percentage requirements and provide that Department of Education may determine the distribution of funds not earmarked for expenditure for the purposes of professional development and preschool and kindergarten assessments and added Subsec. (k) re funding for programs in certain towns, effective July 1, 2006; June Sp. Sess. P.A. 07-3 amended Subsec. (e)(3) to replace former provisions re use of funds not earmarked for expenditure by a town by October first for supplemental grants to other eligible towns, school readiness professional development and activities related to preschool and kindergarten student development evaluations or assessments with new provisions re use of unexpended funds to support local school readiness programs, effective July 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (e)(3) to add Subpara. (H) re supplemental grants to other eligible towns, and amended Sec. 48 of P.A. 05-245, added editorially by the Revisors as Subsec. (e)(4) of this section, to extend the administrative set-aside for department to the fiscal years ending June 30, 2008, and June 30, 2009, effective October 6, 2007; P.A. 08-85 made a technical change in Subsec. (a)(5), effective July 1, 2008; P.A. 08-170 amended Subsec. (e) to replace former formula in Subdiv. (1) re distribution of funds with Subparas. (A) and (B) re formula for fiscal year ending June 30, 2009, based on district's program capacity, to delete former Subdiv. (2) re administrative set-aside and to redesignate existing Subdivs. (3) and (4) as Subdivs. (2) and (3), and amended Subsec. (k) to replace former provisions with provisions re allocation of up to 2% of appropriation for section to competitive grant program, effective July 1, 2008; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (e)(1) by adding “and each fiscal year thereafter,” by replacing reference re March 30, 2008, with reference re March “thirtieth of the fiscal year prior to the fiscal year in which the grant is to be paid” in Subpara. (A), and by adding “or decreased” and replacing “ending June 30, 2009” with “in which the grant is to be paid” in Subpara. (B), amended Subsec. (e)(3) by replacing “and June 30, 2009” with “to June 30, 2011, inclusive”, and amended Subsec. (g) by deleting Subdiv. (1) designator, by replacing “the greater of (A) twenty-five thousand dollars, or (B) up to five per cent but no more than fifty thousand dollars of the amount received” with “an amount determined in accordance with this subsection for coordination, program evaluation and administration. Such amount shall be at least twenty-five thousand dollars but not more than seventy-five thousand dollars and shall be determined by the Department of Education, in consultation with the Department of Social Services, based on the school readiness grant award allocated to the town”, by replacing “for coordination, program evaluation and administration, and (2) if a town provides twenty-five thousand dollars in” with “and the number of operating sites for coordination, program evaluation and administration. Such amount shall be increased by an amount equal to”, by adding “provided” re local funding and by replacing “such town may use up to ten per cent but no more than seventy-five thousand dollars of such amount for coordination, program evaluation and administration” with “not to exceed twenty-five thousand dollars”, effective October 5, 2009; P.A. 10-151 amended Subsec. (d)(2) by inserting exception re Subpara. (C) in Subpara. (A) and adding Subpara. (C) re continued receipt of grant despite ineligibility and amended Subsec. (e) by adding new Subdiv. (2)(A) re deposit of unexpended funds into account established under Sec. 10-16aa, redesignating existing Subdiv. (2) as new Subdiv. (2)(B) and amending same to add “pursuant to said subsection (c) or deposited pursuant to subparagraph (A) of this subdivision” and redesignate existing Subparas. (A) to (H) as clauses (i) to (viii), effective July 1, 2010; P.A. 11-48 amended Subsec. (e)(3) by replacing “2011” with “2013”, effective June 13, 2011; pursuant to P.A. 11-48, “Board of Governors of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “Board of Regents for Higher Education”, and “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education”, effective July 1, 2011; P.A. 11-54 amended Subsec. (b) by designating existing provisions as Subdiv. (1) and Subdiv. (2)(A) and (B) and, in Subdiv. (2)(A), to add requirement re childhood development associate or equivalent credential and provisions re determination by Commissioner of Higher Education after consultation with Commissioners of Education and Social Services and, in Subdiv. (2)(B), to make provisions applicable from July 1, 2015, to June 30, 2020, and replace former Subparas. (A) and (B) re degree and certification requirements with provisions re certification and degree requirements applicable to each early childhood education program accepting state funds, by adding Subdiv. (2)(C) re staff qualifications on and after July 1, 2020, by adding Subdiv. (3) re individuals considered to meet staff requirements who may not be terminated from employment, and by adding Subdiv. (4) re submission of bachelor's degree documentation, amended Subsec. (e)(2) by adding new Subpara. (B) re unexpended funds appropriated for purposes of Subsec. (c) and by redesignating existing Subpara. (B) as Subpara. (C) and making conforming changes therein, and made technical changes in Subsecs. (b), (d), (e) and (g), effective July 1, 2011; P.A. 12-50 amended Subsec. (b) by adding reference to “State Board of Education” in Subdiv. (2)(A), by deleting reference to “school readiness or childcare services funds and funds from the Department of Social Services” and adding references to “infant, toddler and preschool spaces”, “State Board of Education”, “regionally accredited” and “primary responsibility for a classroom of children” in Subdiv. (2)(B), by deleting reference to “school readiness or childcare services funds and funds from the Department of Social Services” and adding reference to “infant, toddler and preschool spaces”, “State Board of Education” and “regionally accredited” in Subdiv. (2)(C), and by deleting reference to “school readiness or childcare services funds and funds from the Department of Social Services”, adding reference to “infant, toddler and preschool spaces” and adding requirement that individuals terminating employment with early childhood education program and accepting teaching position at another early childhood education program accepting state funds for spaces associated with child day care or school readiness program submit documentation of progress toward meeting staff qualification requirements in Subdiv. (3), amended Subsec. (e)(2)(B) by permitting Department of Education, rather than local school readiness programs, to use unexpended funds, requiring department to give priority to staff members attending institution of higher education accredited by Board of Regents for Higher Education or State Board of Education and regionally accredited, requiring individual staff members, rather than local school readiness programs, to apply for unexpended funds and requiring application to be in a manner determined by department, rather than as part of school readiness program's application for a grant, and made technical changes, effective July 1, 2012; P.A. 12-116 amended Subsec. (b)(1) by replacing “continuing education training” with “professional development”, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (e)(2)(B) by adding provision re professional development for early childhood education program providers offered by a professional development and program improvement system within the Connecticut State University System, effective July 1, 2012; P.A. 13-118 amended Subsec. (b)(2)(B) to replace “State Board of Education” with “Office of Higher Education”, effective July 1, 2013; P.A. 13-261 amended Subsecs. (b) and (e)(2)(B) to make technical changes, effective July 11, 2013; P.A. 14-39 replaced references to Commissioner and Department of Education with references to Commissioner and Office of Early Childhood, amended Subsec. (a) by deleting “in consultation with the Commissioner of Social Services,” in Subdiv. (5), redefining “commissioner” as Commissioner of Early Childhood in Subdiv. (7), deleting former Subdiv. (8) defining “department”, adding new Subdiv. (8) defining “office” and adding Subdiv. (9) defining “seeking accreditation”, amended Subsec. (b) by adding “Commissioners of Education and” in Subdiv. (1), adding “the commissioner or”, replacing “Commissioners of Education and Social Services” with “commissioner” and replacing “State Board of Education” with “Office of Higher Education” in Subdiv. (2)(A), replacing “to” with “until” and adding “or the Office of Higher Education” in Subdiv. (2)(B), replacing “State Board of Education” with “the Office of Higher Education” in Subdiv. (2)(C), adding provision re bachelor's degree in early childhood education or child development or bachelor's degree and 12 credits or more in early childhood education or child development, deleting “as a teacher”, deleting “and meets the staff qualifications required under subparagraph (A) of subdivision (2) of this subsection” and deleting provision re individual terminating employment with an early childhood education program in Subdiv. (3), and adding provision re bachelor's degree in early childhood education or child development or bachelor's degree and 12 credits or more in early childhood education or child development, deleting “(A) and” and adding “and (C)” in Subdiv. (4), amended Subsec. (c) by replacing “Commissioner of Education, in consultation with the Commissioner of Social Services,” with “commissioner”, deleting provision re Departments of Education and Social Services jointly reviewing and approving plans, adding provision re commissioner review and approval of plans, and adding “on or before June 30, 2014, and on or after July 1, 2014, from the office,”, amended Subsec. (d)(1) by replacing “Commissioner of Education, in consultation with the Commissioner of Social Services,” with “commissioner”, adding “or school readiness programs seeking accreditation”, deleting “as provided for in subdivision (2) of this subsection,”, adding Subpara. (D) re town designated as an alliance district whose school district is not a priority school district, replacing “to exceed” with “less than”, deleting “in excess of one hundred seven thousand dollars to towns with two or more priority schools in such district” and adding provision re grant for increase in spaces for eligible children, amended Subsec. (e)(2) by replacing “2012” with “2015”, adding “care and”, deleting “offered by a professional development and program improvement system within the Connecticut State University System”, adding provision re staff employed in programs accepting state funds for infant, toddler and preschool slots, replacing “July 1, 2012, in consultation with the president of the Board of Regents for Higher Education” with “July 1, 2015”, deleting former clause (i) and (ii) designators, designating existing provision re accreditation by Board of Regents for Higher Education as new clause (i) and amending same to delete “State Board of Education” and add “the Office of Higher Education, and approved by the Office of Early Childhood”, replacing “2013” with “2015” and deleting provision re in-state public, for-profit or non-profit institution of higher education, adding new clause (ii) re noncredit competency-based training in Subpara. (B) and adding clause (ix) re plan to provide spaces to eligible children in Subpara. (C), amended Subsec. (e)(3) by replacing “2008” with “2015” and “2013” with “2016”, amended Subsec. (g) by replacing “Department of Education, in consultation with the Department of Social Services,” with “commissioner” and “Departments of Education and Social Services” with “commissioner”, amended Subsec. (h) by replacing “For the first three years a town receives grants” with “Any town receiving a grant”, and made technical and conforming changes, effective July 1, 2014 (Revisor's note: In Subsec. (a), a reference to repealed Sec. 10-16s was replaced editorially by the Revisors with a reference to Sec. 10-16r for accuracy); P.A. 15-134 amended Subsec. (b) by replacing “2015” with “2017” in Subdiv. (2)(A) and (B) and adding Subdiv. (5) re individuals who have been employed in same program since 1995 considered to meet staff qualifications requirement, effective June 24, 2015; P.A. 15-227 amended Subsec. (c) by adding provision re programs located in priority school districts or former priority school districts, deleting provision re residency requirement for eligible children, and replacing “child day care services” with “child care services”, amended Subsec. (d)(1) by deleting provision re residency requirement for eligible children, making provisions applicable to a program's location, replacing “not less than one hundred seven thousand dollars per priority school or town” with “equal to the number of spaces in an accredited school readiness program or a school readiness program seeking accreditation multiplied by the per child cost set forth in subdivision (1) of subsection (b) of section 10-16q”, and making conforming changes, amended Subsec. (e)(2)(B) by replacing “five hundred thousand” with “one million” and, in clause (i), replacing “five” with “ten”, and made a technical change in Subsec. (e)(2)(C), effective July 1, 2015; pursuant to P.A. 15-227, “child day care centers” and “child day care program” were changed editorially by the Revisors to “child care centers” and “child care program”, respectively, in Subsec. (b), effective July 1, 2015; P.A. 16-15 amended Subsec. (b) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities” and replacing “associate's degree” with “associate degree” and amended Subsec. (e)(2)(B) by replacing “associate's degree” with “associate degree”, effective May 6, 2016; P.A. 17-41 amended Subsec. (a) by adding Subdiv. (10) defining “concentration in early childhood education”, amended Subsec. (b)(2)(A) by replacing “2017” with “2018” and adding clauses (v) and (vi) re associate degree with concentration in early childhood education and bachelor's degree with concentration in early childhood education, respectively, amended Subsec. (b)(2)(B) by replacing “July 1, 2017, until June 30, 2020” with “July 1, 2018, until June 30, 2021”, replacing provisions re bachelor's degree with concentration in early childhood education with provision re early childhood teacher credential in clause (i)(II), adding subclauses (III) and (IV) re bachelor's degree with concentration in early childhood education and satisfying requirements of subsection, respectively, in clause (i), deleting subclause (I) re accreditation, deleting subclause (II) designator and deleting provision re associate degree program approval in clause (ii), amended Subsec. (b)(2)(C) by replacing “2020” with “2021”, replacing provisions re bachelor's degree with concentration in early childhood education with provision re early childhood teacher credential in clause (ii), adding clauses (iii) and (iv) re bachelor's degree with concentration in early childhood education and satisfying requirements of subsection, respectively, amended Subsec. (b)(4) by adding references to associate degree, and made technical and conforming changes, effective July 1, 2017; P.A. 17-56 amended Subsec. (b)(5) by making a technical change, effective June 20, 2017; P.A. 18-123 amended Subsec. (b)(2) by replacing “2018” with “2020” in Subpara. (A), replacing “July 1, 2018, until June 30, 2021” with July 1, 2020, until June 30, 2023” in Subpara. (B), and replacing “2021” with “2023” in Subpara. (C), effective July 1, 2018; P.A. 18-139 made a technical change in Subsec. (b)(4), effective June 11, 2018; P.A. 18-172 amended Subsec. (g) by replacing “twenty-five thousand dollars” with “five per cent of the total grant allocation”, effective July 1, 2018; P.A. 18-184 amended Subsec. (e)(2)(C)(vi) by adding “successfully” and “to preschool and” re strategies for children to transition, and adding provision re parental engagement and whole-family supports utilized through two-generational initiative or other available resources, and amended Subsec. (k) by designating existing provision re allocation of up to 2 per cent of appropriation for section to competitive grant program as Subdiv. (1) and adding Subdiv. (2) re commissioner may expend amount not to exceed 2 per cent of amount appropriated in manner consistent with Sec. 10-509, effective July 1, 2018; P.A. 19-34 amended Subsec. (b)(2) by replacing “2020” with “2022” and adding “that for each early childhood education program accepting state funds for infant, toddler and preschool spaces associated with such program's child care program or school readiness program,” in Subpara. (A), replacing “2020” with “2022”, replacing “2023” with “2025” and replacing “a bachelor's” with “an associate”, deleting provision re associate degree with concentration in early childhood education from institution of higher education that is regionally accredited and adding provision re childhood development associate credential or equivalent credential and 12 credits or more in early childhood education or child development in Subpara. (B), adding new Subpara. (C) re staff qualifications for period July 1, 2025, until June 30, 2029, redesignating existing Subpara. (C) as Subpara. (D) and amending same to replace “2023” with “2029”, and made technical and conforming changes, effective July 1, 2019; P.A. 19-117 added Subsec. (l) re increasing salaries of individuals with direct responsibility for teaching or caring for children in a classroom at a school readiness program, effective July 1, 2019; P.A. 19-121 amended Subsec. (d)(1) by replacing “five-year period” with “three-year period”, effective July 1, 2019; P.A. 21-172 amended Subsec. (a) by adding references to National Association for Family Child Care in Subdivs. (5) and (9), amended Subsec. (b)(1) by adding “, group child care homes and family child care homes”, amended Subsec. (c) by deleting provision re grant to be provided to town in which priority school district or former priority school district is located, and adding provision re state may enter into contract with certain entities to provide state financial assistance, amended Subsec. (d)(1) by deleting provision re grant awards to be made annually contingent upon available funding and satisfactory evaluation and provision re grant to be used to purchase spaces from providers of school readiness programs, and adding provision re state may enter into contract with certain entities to provide state financial assistance, and amended Subsec. (e) by deleting former Subdiv. (1) re grants for priority school districts and former priority school districts, redesignating existing Subdivs. (2)(A) to (2)(C) as Subdivs. (1) to (3), respectively, deleting former Subdiv. (3) re office may retain up to $198,200 for coordination, program evaluation and administration and making conforming changes, effective July 1, 2021; P.A. 22-100 amended Subsec. (a)(6) by redefining “year-round” to be 48 weeks per year, effective July 1, 2022; P.A. 23-160 amended Subsec. (a)(2) by redefining “eligible children” to be children from birth to 4 years of age, amended Subsec. (c) by replacing “Grant awards shall be made annually” with “Grant awards shall be made for the fiscal year ending June 30, 2023, and biennially thereafter” and deleted former Subsec. (l) re increasing salaries of individuals with direct responsibility for teaching or caring for children in a classroom at a school readiness program, effective July 1, 2023.

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Sec. 10-16q. School readiness program requirements. Per child cost limitation. Sliding fee scale. Waiver from schedule requirements. (a) Each school readiness program shall include: (1) A plan for collaboration with other community programs and services, including public libraries, and for coordination of resources in order to facilitate full-day and year-round child care and education programs for children of working parents and parents in education or training programs; (2) parent involvement, parenting education and outreach; (3) (A) record-keeping policies that require documentation of the name and address of each child's doctor, primary care provider and health insurance company and information on whether the child is immunized and has had health screens pursuant to the federal Early and Periodic Screening, Diagnostic and Treatment Services Program under 42 USC 1396d, and (B) referrals for health services, including referrals for appropriate immunizations and screenings; (4) a plan for the incorporation of appropriate preliteracy practices and teacher training in such practices; (5) nutrition services; (6) referrals to family literacy programs that incorporate adult basic education and provide for the promotion of literacy through access to public library services; (7) admission policies that promote enrollment of children from different racial, ethnic and economic backgrounds and from other communities; (8) a plan of transition for participating children from the school readiness program to kindergarten and provide for the transfer of records from the program to the kindergarten program; (9) a plan for professional development for staff, including, but not limited to, training (A) in preliteracy skills development, and (B) designed to assure respect for racial and ethnic diversity; (10) a sliding fee scale for families participating in the program pursuant to section 17b-749d; and (11) an annual evaluation of the effectiveness of the program.

(b) (1) For the fiscal year ending June 30, 2020, the per child cost of the Office of Early Childhood school readiness program offered by a school readiness provider shall not exceed eight thousand nine hundred twenty-seven dollars. For the fiscal years ending June 30, 2021, to June 30, 2024, inclusive, the per child cost of the Office of Early Childhood school readiness program offered by a school readiness provider shall not exceed nine thousand twenty-seven dollars. For the fiscal year ending June 30, 2025, the per child cost of the Office of Early Childhood full-time school readiness program offered by a school readiness provider shall not exceed ten thousand five hundred dollars.

(2) Notwithstanding the provisions of subsection (e) of section 10-16p, the office shall not provide funding to any school readiness provider that (A) for the school year commencing July 1, 2015, and each school year thereafter, is a local or regional board of education that does not collect preschool experience data using the preschool experience survey, described in section 10-515, and make such data available for inclusion in the public school information system, pursuant to section 10-10a, (B) on or before January 1, 2004, first entered into a contract with a town to provide school readiness services pursuant to this section and is not accredited on January 1, 2007, or (C) after January 1, 2004, first entered into a contract with a town to provide school readiness services pursuant to this section and does not become accredited by the date three years after the date on which the provider first entered into such a contract, except that the commissioner may grant an extension of time for a school readiness program to become accredited or reaccredited, provided (i) prior to such extension, the office conducts an on-site assessment of any such program and maintains a report of such assessment completed in a uniform manner, as prescribed by the commissioner, that includes a list of conditions such program must fulfill to become accredited or reaccredited, (ii) on or before June 30, 2014, the program is licensed by the Department of Public Health if required to be licensed by chapter 368a, and on and after July 1, 2014, the program is licensed by the office if required to be licensed by chapter 368a, (iii) the program has a corrective action plan that shall be prescribed by and monitored by the office, and (iv) the program meets such other conditions as may be prescribed by the commissioner. During the period of such extension, such program shall be eligible for funding pursuant to section 10-16p.

(3) A school readiness provider may provide child care services and the cost of such child care services shall not be subject to such per child cost limitation.

(c) A local or regional board of education may implement a sliding fee scale for the cost of services provided to children enrolled in a school readiness program.

(d) A town or school readiness council may file a waiver application to the office on forms provided by the office for the purpose of seeking approval of a school readiness schedule that varies from the minimum hours and number of days provided for in subdivision (1) of subsection (a) of section 10-16p or from the definition of a year-round program pursuant to subdivision (6) of subsection (a) of section 10-16p. The office may approve any such waiver if the office finds that the proposed schedule meets the purposes set forth in the provisions of section 10-16o concerning the development of school readiness programs and maximizes available dollars to serve more children or address community needs.

(P.A. 97-259, S. 3, 41; P.A. 98-243, S. 11, 25; P.A. 99-230, S. 2, 10; June Sp. Sess. P.A. 01-1, S. 14, 54; P.A. 04-215, S. 3; P.A. 05-245, S. 8; P.A. 06-135, S. 24; June Sp. Sess. P.A. 07-5, S. 70; P.A. 08-85, S. 2; 08-170, S. 5; Sept. Sp. Sess. P.A. 09-6, S. 33; P.A. 14-39, S. 14; P.A. 15-227, S. 25; June Sp. Sess. P.A. 15-5, S. 324; P.A. 18-184, S. 8; P.A. 19-117, S. 260; P.A. 23-150, S. 1; 23-204, S. 330.)

History: P.A. 97-259 effective July 1, 1997; P.A. 98-243 amended Subsec. (a) to add “public libraries” in Subdiv. (1) and provision for the transfer of records in Subdiv. (7), effective July 1, 1998; P.A. 99-230 amended Subsec. (a) to make the existing Subdiv. (3) Subpara. (B) and to add Subpara. (A) re record-keeping policies, and to require the use of assessment measures developed pursuant to Sec. 10-16s for annual evaluations, effective July 1, 1999; June Sp. Sess. P.A. 01-1 amended Subsec. (a) to renumber Subdivs. (4) to (10) as Subdivs. (5) to (11), to add new Subdiv. (4) re preliteracy practices and in Subdiv. (9) to include plan requirements in Subparas. (A) and (B), effective July 1, 2001; P.A. 04-215 amended Subsec. (b) to change the maximum per child cost from foundation, as defined in Sec. 10-262f(9), to $6,400, and added Subsec. (d) re waiver from requirements of school readiness schedule, effective July 1, 2004; P.A. 05-245 amended Subsec. (b) by designating existing language re maximum per child cost as Subdiv. (1) and increasing existing per child cost to $6,650 for the fiscal year ending June 30, 2006, by adding new Subdiv. (2) re maximum per child cost for the fiscal year ending June 30, 2007, and each fiscal year thereafter, and by designating existing language re child day care services as Subdiv. (3), effective July 1, 2005; P.A. 06-135 amended Subsec. (b)(2) by adding provisions re denial of funding for lack of accreditation, effective July 1, 2006; June Sp. Sess. P.A. 07-5 amended Subsec. (b)(2) to add language re the per child cost monthly increase beginning January 2008, effective October 6, 2007; P.A. 08-85 amended Subsec. (b) to divide existing Subdiv. (2) into Subdivs. (2) and (3), add language in new Subdiv. (3) re extension of time to become accredited or reaccredited and redesignate existing Subdiv. (3) as new Subdiv. (4), effective July 1, 2008; P.A. 08-170 amended Subsec. (b) to increase maximum per child cost of the department's program to $8,346 for fiscal year ending June 30, 2009, in Subdiv. (2) and to add reference to Ch. 368a in Subdiv. (3)(B)(ii), effective July 1, 2008; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (b)(2) by adding “and each fiscal year thereafter,” and making a technical change, effective October 5, 2009; P.A. 14-39 replaced references to Commissioner and Department of Education with references to Commissioner and Office of Early Childhood, amended Subsec. (a) by deleting provision re assessment measures in annual evaluations, amended Subsec. (b) by deleting former Subdiv. (1) re per child cost for fiscal year ending June 30, 2006, redesignating existing Subdivs. (2) to (4) as Subdivs. (1) to (3), increasing maximum per child cost of office's program from $8,346 to $8,670 for fiscal year ending June 30, 2015, in redesignated Subdiv. (1), adding new Subpara. (A) re board of education that does not collect preschool experience data, redesignating existing Subpara. (A) re provider of school readiness services that is not accredited on January 1, 2007, as Subpara. (B), redesignating existing Subpara. (B) re provider of school readiness services that does not become accredited by 3 years after date of entering into a contract as Subpara. (C) and amending same to add “on or before June 30, 2014,” and “and on and after July 1, 2014, the program is licensed by the office if required to be licensed by chapter 368a,” in clause (ii) in redesignated Subdiv. (2), amended Subsec. (d) by replacing reference to Sec. 10-16p(a)(7) with reference to Sec. 10-16p(a)(6) and deleting provision re consultation with Department of Social Services, and made technical and conforming changes, effective July 1, 2014; pursuant to P.A. 15-227, “child day care services” was changed editorially by the Revisors to “child care services” in Subsec. (b)(3), effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (b)(1) by increasing maximum per child cost of office's program from $8,670 to $8,927, effective July 1, 2015; P.A. 18-184 amended Subsec. (b)(1) by replacing “fiscal year ending June 30 2015, and each fiscal year thereafter” with “fiscal years ending June 30, 2015, to June 30, 2019, inclusive” and adding provision re commissioner may establish new rates and revise rates for program, effective July 1, 2018; P.A. 19-117 amended Subsec. (b)(1) by replacing “fiscal years ending June 30, 2015, to June 30, 2019, inclusive” with “fiscal year ending June 30, 2020”, deleting provision re commissioner may establish new rates and revise rates for program, and adding provision re per child cost of program not to exceed $9,027 for fiscal year ending June 30, 2021, and each fiscal year thereafter, effective July 1, 2019; P.A. 23-150 amended Subsec. (b)(1) by replacing “fiscal year ending June 30, 2021, and each fiscal year thereafter” with “fiscal years ending June 30, 2021, to June 30, 2024, inclusive” and adding provision re per child cost of program not to exceed $10,500 for fiscal year ending June 30, 2025, and each fiscal year thereafter, effective July 1, 2023; P.A. 23-204 made identical changes as P.A. 23-150, effective July 1, 2023.

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Sec. 10-16x. After school program grant. (a) The Department of Education, in consultation with the after school committee established pursuant to section 10-16v, may, within available appropriations, administer a grant program to provide grants to local and regional boards of education, municipalities and not-for-profit organizations that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or any combination thereof, for after school programs that provide direct services and for entities that provide support to after school programs. For purposes of this subsection, “after school program” means a program that takes place when school is not in session, provides educational, enrichment and recreational activities for children in grades kindergarten to twelve, inclusive, and has a parent involvement component.

(b) (1) Applications for grants pursuant to subsection (a) of this section shall be filed biennially with the Commissioner of Education at such time and in such manner as the commissioner prescribes. As part of the application, an applicant shall submit a plan for the expenditure of grant funds.

(2) Eligibility for grants pursuant to this section shall be determined for a two-year period and shall be based on the plan for expenditure of grant funds. Prior to the payment of funds to the grant recipient for the second year of the grant, the grant recipient shall report to the Department of Education on performance outcomes of the program and file expenditure reports pursuant to subsection (f) of this section. The report concerning performance outcomes shall include, but not be limited to, measurements of the impact on student achievement, school attendance and the in-school behavior of student participants.

(c) The Department of Education and the after school committee established pursuant to section 10-16v shall develop and apply appropriate evaluation procedures to measure the effectiveness of the grant program established pursuant to this section.

(d) For purposes of carrying out the provisions of this section, the Department of Education may accept funds from private sources and from any state agency that is a member of the after school committee.

(e) The Department of Education shall, in collaboration with regional educational service centers, support grant recipients by (1) monitoring and evaluating programs and activities, (2) conducting a comprehensive evaluation of the effectiveness of programs and implementing risk assessments, (3) providing technical assistance and training to eligible applicants, and (4) ensuring program activities are aligned with state academic standards. The department may retain up to seven and one-half per cent of the amount appropriated for the grant program for purposes of this subsection.

(f) Grant recipients shall file expenditure reports with the Commissioner of Education in accordance with subdivision (2) of subsection (b) of this section and at such time and in such manner as the commissioner prescribes. Grant recipients shall refund (1) any unexpended amounts at the close of the program for which the grant was awarded, and (2) any amounts not expended in accordance with the approved grant application.

(g) Not later than February 15, 2012, and biennially thereafter, the Department of Education shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on performance outcomes of recipients of grants under this section. The report shall include, but not be limited to, measurements of the impact on student achievement, school attendance and the in-school behavior of student participants.

(h) For the fiscal year ending June 30, 2020, and each fiscal year thereafter, the Department of Education shall award at least ten per cent of the funds appropriated for the grant program to municipalities with a total population of seven thousand five hundred or fewer or local or regional boards of education for towns with a total population of seven thousand five hundred or fewer, except that any such funds not awarded to such municipalities or local or regional boards of education on or before October fifteenth of the fiscal year shall be available to be awarded to any municipality or local or regional board of education.

(i) For the fiscal year ending June 30, 2020, and each fiscal year thereafter, grant recipients may expend funds for the purposes of providing transportation as part of the after school program.

(P.A. 05-245, S. 46; P.A. 06-13, S. 3; 06-192, S. 12; 06-196, S. 222; June Sp. Sess. P.A. 07-3, S. 26; P.A. 11-136, S. 4; P.A. 12-120, S. 10; P.A. 19-117, S. 248; P.A. 23-160, S. 8.)

History: P.A. 05-245 effective July 1, 2005; P.A. 06-13 made technical changes in Subsec. (a), effective May 2, 2006; P.A. 06-192 redesignated existing Subsec. (c) as Subsec. (d), making a technical change therein, and added new Subsec. (c) re evaluation procedures, effective July 1, 2006; P.A. 06-196 made a technical change in Subsec. (a), effective June 7, 2006; June Sp. Sess. P.A. 07-3 amended Subsec. (a) to provide that grants are for programs that provide direct services and for entities that provide support to after school programs and that after school programs include parent involvement, amended Subsec. (b) to change annual application to biennial application with requirement for a plan for expenditure, to designate existing language as Subdiv. (1) and to add Subdiv. (2) re eligibility, added Subsec. (e) re technical assistance, evaluation, program monitoring and accreditation support, added Subsec. (f) re expenditure reports and added Subsec. (g) re report on performance outcomes, effective July 1, 2007; P.A. 11-136 amended Subsec. (g) by replacing “October 1, 2008” with “December 1, 2011”, effective July 1, 2011; P.A. 12-120 amended Subsec. (g) by replacing “December 1, 2011” with “February 15, 2012”, effective June 15, 2012; P.A. 19-117 amended Subsec. (a) by adding “or any combination thereof”, added Subsec. (h) re department to award at least 10 per cent of funds to municipalities or local or regional boards of education with total population of 7,500 or fewer, and added Subsec. (i) re recipients may expend funds for transportation, effective July 1, 2019; P.A. 23-160 amended Subsec. (e) by deleting provision re providing grant recipients with technical assistance, evaluation, program monitoring, professional development and accreditation support, adding provision re support of grant recipients in collaboration with regional educational service centers and replacing “four per cent” with “seven and one-half per cent”, effective July 1, 2023.

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Sec. 10-16mm. Task force to address academic achievement gaps. Master plan. Progress reports. (a) There is established a task force to address the academic achievement gaps in Connecticut by considering effective approaches to closing the achievement gaps in elementary, middle and high schools. The task force shall develop, in consultation with the Department of Education, the Connecticut State University System, the Interagency Council for Ending the Achievement Gap established pursuant to section 10-16nn, and the joint standing committee of the General Assembly having cognizance of matters relating to education, a master plan to eliminate the academic achievement gaps by January 1, 2020. Such master plan shall: (1) Identify the achievement gaps that exist among and between (A) racial groups, (B) ethnic groups, (C) socioeconomic groups, (D) genders, and (E) multilingual learners and students whose primary language is English; (2) focus efforts on closing the achievement gaps identified in subdivision (1) of this subsection; (3) establish annual benchmarks for implementation of the master plan and closing the achievement gaps; and (4) make recommendations regarding the creation of a Secretary of Education. The task force may amend such master plan at any time. For purposes of this section, “achievement gaps” means the existence of a significant disparity in the academic performance of students among and between (A) racial groups, (B) ethnic groups, (C) socioeconomic groups, (D) genders, and (E) multilingual learners and students whose primary language is English.

(b) The task force shall consist of the following members:

(1) Two appointed by the speaker of the House of Representatives;

(2) Two appointed by the president pro tempore of the Senate;

(3) One appointed by the majority leader of the House of Representatives;

(4) One appointed by the majority leader of the Senate;

(5) One appointed by the minority leader of the House of Representatives;

(6) One appointed by the minority leader of the Senate;

(7) One appointed by the chairman of the Black and Puerto Rican Caucus of the General Assembly;

(8) The Commissioner of Education, or the commissioner's designee; and

(9) One appointed by the Governor.

(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5), (6) or (7) of subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the task force shall be made not later than thirty days after July 8, 2011. Any vacancy shall be filled by the appointing authority.

(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after July 8, 2011.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to education shall serve as administrative staff of the task force.

(g) (1) Not later than January 15, 2013, the task force shall submit the master plan described in subsection (a) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a, and the Interagency Council for Ending the Achievement Gap described in section 10-16nn.

(2) Not later than July 1, 2013, and annually thereafter until January 1, 2020, the task force shall submit progress reports on the implementation of the master plan described in subsection (a) of this section and recommendations for implementing said master plan to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

(h) The task force shall terminate on January 1, 2020.

(P.A. 11-85, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 235; P.A. 14-39, S. 65; P.A. 23-150, S. 23.)

History: P.A. 11-85 effective July 8, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (g) by replacing “July 1, 2012” with “January 15, 2013” in Subdiv. (1) and replacing “January 1, 2013” with “July 1, 2013” in Subdiv. (2), effective June 15, 2012; P.A. 14-39 amended Subsec. (a) by deleting former Subdiv. (5) re plan for changing requirement for when a child may enroll in kindergarten and creation of school readiness program spaces, effective July 1, 2014; P.A. 23-150 amended Subsec. (a) by replacing “English language” with “multilingual” in Subdiv. (1)(E) and redefining “achievement gaps” by replacing “English language” with “multilingual”, effective July 1, 2023.

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Sec. 10-17g. Grants for the provision of programs of bilingual education. Annual evaluation report. For the fiscal year ending June 30, 2023, and each fiscal year thereafter, the board of education for each local and regional school district that is required to provide a program of bilingual education, pursuant to section 10-17f, may make application to the State Board of Education and shall annually receive, within available appropriations, a grant in an amount equal to the product obtained by multiplying three million eight hundred thirty-two thousand two hundred sixty by the ratio which the number of eligible children in the school district bears to the total number of such eligible children state-wide. The board of education for each local and regional school district receiving funds pursuant to this section shall annually, on or before September first, submit to the State Board of Education a progress report which shall include (1) measures of increased educational opportunities for eligible students, including language support services and language transition support services provided to such students, (2) program evaluation and measures of the effectiveness of its bilingual education and English as a second language programs, including data on students in bilingual education programs and students educated exclusively in English as a second language programs, and (3) certification by the board of education submitting the report that any funds received pursuant to this section have been used for the purposes specified. The State Board of Education shall annually evaluate programs conducted pursuant to section 10-17f. For purposes of this section, measures of the effectiveness of bilingual education and English as a second language programs include, but need not be limited to, mastery examination results, under section 10-14n, and graduation and school dropout rates. Any amount appropriated under this section in excess of three million eight hundred thirty-two thousand two hundred sixty dollars shall be spent in accordance with the provisions of section 10-17k. Any unexpended funds, as of November first, appropriated to the Department of Education for purposes of providing a grant to a local or regional board of education for the provision of a program of bilingual education, pursuant to section 10-17f, shall be distributed on a pro rata basis to each local and regional board of education receiving a grant under this section. Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2009, to June 30, 2025, inclusive, the amount of grants payable to local or regional boards of education for the provision of a program of bilingual education under this section shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.

(P.A. 77-588, S. 3, 7; P.A. 84-255, S. 4, 21; P.A. 99-211, S. 8, 10; P.A. 00-220, S. 4, 43; June Sp. Sess. P.A. 07-3, S. 5; Sept. Sp. Sess. P.A. 09-6, S. 43; P.A. 11-48, S. 177; P.A. 13-207, S. 14; 13-247, S. 159; June Sp. Sess. P.A. 15-5, S. 287; June Sp. Sess. P.A. 17-2, S. 170; P.A. 19-117, S. 265; June Sp. Sess. P.A. 21-2, S. 366; P.A. 22-118, S. 260; P.A. 23-150, S. 24; 23-204, S. 317.)

History: P.A. 84-255 changed the date of the report to the state board from July to September first and required the state board to evaluate the programs annually rather than biennially; P.A. 99-211 in Subdiv. (1) added references to language support services and language transition support services, in Subdiv. (2) added measures of effectiveness of bilingual education and English as a second language programs, added language specifying some measures that are effectiveness measures for purposes of the section and made technical changes, effective July 1, 1999; P.A. 00-220 made a technical change, effective July 1, 2000; June Sp. Sess. P.A. 07-3 added language re proportional reduction of grants for the fiscal year ending June 30, 2009, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-6 extended proportional reduction of grants through fiscal year ending June 30, 2011, effective October 5, 2009; P.A. 11-48 extended proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 13-207 replaced reference to “state-wide mastery examination” with reference to “mastery examination” and added reference to Sec. 10-14n, effective July 1, 2013; P.A. 13-247 extended proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; June Sp. Sess. P.A. 15-5 replaced “Annually” with “For the fiscal years ending June 30, 2016, and June 30, 2017”, replaced “the total appropriation available for such purpose” with “one million nine hundred sixteen thousand one hundred thirty”, added “but need not be limited to” re measures of effectiveness, added provision re spending of funds appropriated in excess of $1,916,130, added provision re pro rata distribution of unexpended funds, extended proportional reduction of grants for provision of program of bilingual education through fiscal year ending June 30, 2017, and made conforming changes, effective July 1, 2015; June Sp. Sess. P.A. 17-2 replaced “and June 30, 2017” with “to June 30, 2019, inclusive”, added “, within available appropriations,”, and replaced “2017” with “2019”, effective October 31, 2017; P.A. 19-117 replaced “June 30, 2019” with “June 30, 2021” re program of bilingual education and extended proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; June Sp. Sess. P.A. 21-2 replaced “June 30, 2021” with “June 30, 2023” re program of bilingual education and extended proportional reduction of grants through fiscal year ending June 30, 2023, effective July 1, 2021; P.A. 22-118 replaced “fiscal years ending June 30, 2016, to June 30, 2023, inclusive” with “fiscal year ending June 30, 2023, and each fiscal year thereafter” and $1,916,130 with $3,832,260, effective July 1, 2022; P.A. 23-150 deleted references to Secs. 10-17n and 10-66t and made a conforming change, effective July 1, 2023; P.A. 23-204 extended proportional reduction of grants through fiscal year ending June 30, 2025, effective July 1, 2023.

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Sec. 10-17n. English language learner pilot program. Section 10-17n is repealed, effective June 28, 2023.

(June Sp. Sess. P.A. 15-5, S. 294; P.A. 23-150, S. 36.)

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Sec. 10-17o. Bill of rights for parents or guardians of students who are multilingual leaners. (a) The State Board of Education shall draft a written bill of rights for parents or guardians of students who are multilingual learners to guarantee that the rights of such parents and students are adequately safeguarded and protected in the provision of bilingual education under chapter 164. Such bill of rights shall include, but need not be limited to, the following declarations:

(1) The right of a multilingual learner student to attend a public school in the state regardless of such student's immigration status or the immigration status of such student's parent or guardian;

(2) The right of a parent or guardian of a multilingual learner student to enroll such student in a public school without being required to submit immigration documentation, including, but not limited to, a Social Security number, visa documentation or proof of citizenship;

(3) The right of a multilingual learner student to have translation services provided (A) by an interpreter who is present in person or available by telephone or through an online technology platform, or (B) through an Internet web site or other electronic application approved by the State Board of Education, during critical interactions with teachers and administrators, including, but not limited to, parent-teacher conferences, meetings with administrators of the school in which such student is attending, and at properly noticed regular or special meetings of the board of education or scheduled meetings with a member or members of the board of education responsible for educating such student, in accordance with section 10-218b;

(4) The right of a multilingual learner student to participate in a program of bilingual education offered by the local or regional board of education when there are twenty or more eligible students classified as dominant in a language, other than English, as such student, in accordance with the provisions of section 10-17f;

(5) The right of a parent or guardian of a multilingual learner student to receive written notice, in both English and the dominant language of such parent or guardian, that such student is eligible to participate in a program of bilingual education or English as a new language program offered by the local or regional board of education;

(6) The right of a multilingual learner student and the parent or guardian of such student to receive a high-quality orientation session, in the dominant language of such student and parent or guardian, from the local or regional board of education that provides information relating to state standards, tests and expectations at the school for multilingual learner students, as well as the goals and requirements for programs of bilingual education and English as a new language, prior to participation in such program of bilingual education or English as a new language;

(7) The right of the parent or guardian of a multilingual learner student to receive information about the progress of such student's English language development and acquisition;

(8) The right of a multilingual learner student and the parent or guardian of such student to meet with school personnel to discuss such student's English language development and acquisition;

(9) The right of a multilingual learner student to be placed in a program of bilingual education or English as a new language, if offered by the local or regional board of education;

(10) The right of a multilingual learner student to have equal access to all grade-level school programming;

(11) The right of a multilingual learner student to have equal access to all core grade-level subject matter;

(12) The right of a multilingual learner student to receive annual language proficiency testing;

(13) The right of a multilingual learner student to receive support services aligned with any intervention plan that the school or school district provides to all students;

(14) The right of a multilingual learner student to be continuously and annually enrolled in a program of bilingual education or English as a new language while such student remains an eligible student, as defined in section 10-17e; and

(15) The right of a parent or guardian of a multilingual learner student to contact the Department of Education with any questions or concerns regarding such student's right to receive multilingual learner services or accommodations available to such student or parent or guardian, including information regarding any recourse for failure of the board of education to provide or ensure such services or accommodations.

(b) For the school year commencing July 1, 2024, and each school year thereafter, each local and regional board of education providing a program of bilingual education or English as a new language shall (1) provide the parents and guardians of eligible students with a copy of the multilingual learner bill of rights in the dominant language of such parents and guardians, and (2) make such copies of the multilingual learner bill of rights available on the Internet web site of such board.

(c) For purposes of this section, “multilingual learner” means “English learner”, as defined in 20 USC 7801, as amended from time to time.

(P.A. 23-150, S. 17.)

History: P.A. 23-150 effective July 1, 2023.

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Sec. 10-19. Teaching about alcohol, nicotine or tobacco, drugs and acquired immune deficiency syndrome. Training of personnel. (a) The knowledge, skills and attitudes required to understand and avoid the effects of alcohol, of nicotine or tobacco and of drugs, as defined in section 21a-240, on health, character, citizenship and personality development shall be taught every academic year to pupils in all grades in the public schools; and, in teaching such subjects, textbooks and such other materials as are necessary shall be used. Annually, at such time and in such manner as the Commissioner of Education shall request, each local and regional board of education shall attest to the State Board of Education that all pupils enrolled in its schools have been taught such subjects pursuant to this subsection and in accordance with a planned, ongoing and systematic program of instruction. The content and scheduling of instruction shall be within the discretion of the local or regional board of education. Institutions of higher education approved by the State Board of Education to train teachers shall give instruction on the subjects prescribed in this section and concerning the best methods of teaching the same. The State Board of Education and the Board of Regents for Higher Education in consultation with the Commissioner of Mental Health and Addiction Services and the Commissioner of Public Health shall develop health education or other programs for elementary and secondary schools and for the training of teachers, administrators and guidance personnel with reference to understanding and avoiding the effects of nicotine or tobacco, alcohol and drugs.

(b) Commencing July 1, 1989, each local and regional board of education shall offer during the regular school day planned, ongoing and systematic instruction on acquired immune deficiency syndrome, as taught by legally qualified teachers. The content and scheduling of the instruction shall be within the discretion of the local or regional board of education. Not later than July 1, 1989, each local and regional board of education shall adopt a policy, as the board deems appropriate, concerning the exemption of pupils from such instruction upon written request of the parent or guardian. The State Board of Education shall make materials available to assist local and regional boards of education in developing instruction pursuant to this subsection.

(1949 Rev., S. 1358; 1959, P.A. 411, S. 4; February, 1965, P.A. 140, S. 1; 1967, P.A. 555, S. 61; 1969, P.A. 753, S. 33; 1971, P.A. 370, S. 2; P.A. 73-632, S. 2, 3, 5; P.A. 75-211, S. 1; P.A. 77-573, S. 24, 30; P.A. 78-218, S. 20; P.A. 82-218, S. 37, 46; P.A. 83-160, S. 1; P.A. 84-241, S. 2, 5; P.A. 85-579, S. 3, 5; P.A. 88-112, S. 1, 2; 88-136, S. 24, 37; P.A. 90-133, S. 1; P.A. 93-381, S. 9, 39; 93-435, S. 59, 63; P.A. 95-182, S. 2, 11; 95-257, S. 11, 12, 21, 58; P.A. 11-48, S. 285; P.A. 23-79, S. 2.)

History: 1959 act changed reference to state teachers colleges to state colleges; 1965 act included teaching of effects of narcotics and alcohol on personality development and began teaching of effects in fifth rather than third grade; 1967 act substituted “controlled drugs” for “narcotics”; 1969 act included teaching of effects of nicotine or tobacco, specified that such teaching take place at least once every academic year and added provision for development of programs and training of teachers and guidance personnel; 1971 act deleted reference to teaching “at least once” each year, required teaching of all grades, not just fifth grade and above, included administrators in training provision and deleted sentence referring to classes in ungraded schools; P.A. 73-632 substituted “institutions of higher education” for “colleges”, included the drug advisory council in development of programs and added Subsec. (b) concerning drug and information and instruction programs in higher education institutions; P.A. 75-211 limited institutions of higher education in Subsec. (a) to those “approved … to train teachers” and included the Connecticut state alcohol council in development of programs and included alcohol information and instruction programs in Subsec. (b); P.A. 77-573 substituted board of higher education for commission for higher education; P.A. 78-218 deleted Subsec. (b); P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 83-160 replaced the drug advisory council and the Connecticut state alcohol council with the state alcohol and drug abuse commission; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 85-579 added Subsec. (b) re a study of the alcohol and drug prevention programs provided by local and regional boards of education; P.A. 88-112 added new Subsec. re instruction on acquired immune deficiency syndrome; P.A. 88-136 deleted obsolete Subsec. (b) re report on the alcohol and drug prevention programs provided by local and regional boards of education; P.A. 90-133 in Subsec. (a) expanded what is to be taught concerning alcohol, nicotine or tobacco and drugs, provided that there be an annual attestation to the state board of education concerning the teaching of these subjects and provided that the programs developed by the state board of education, et al, are not limited to health education programs; P.A. 93-381 replaced state alcohol and drug abuse commission with department of public health and addiction services, effective July 1, 1993 (Revisor's note: The word “commissioner” was substituted editorially by the Revisors for “department” to parallel existing language); P.A. 95-182 amended Subsec. (a) to allow boards of education to set the content and scheduling of instruction, effective June 28, 1995; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education” in Subsec. (a), effective July 1, 2011; P.A. 23-79 made a technical change in Subsec. (a), effective July 1, 2023.

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Sec. 10-21n. Aviation or aerospace apprenticeship training program. (a) Any local or regional board of education may partner with one or more local employers that are in the aviation or aerospace industry to develop and provide an apprenticeship training program for students in the school district governed by such board. Such apprenticeship training program shall include, but need not be limited to, (1) on-site training in which students may learn immediate job skills and earn course credit, and (2) the provision of information to students concerning the programs of study offered at the CT Aero Tech School for Aviation Maintenance Technicians and assistance with the application for admission to said school.

(b) Not later than sixty days after the first student cohort completes an apprenticeship training program provided pursuant to subsection (a) of this section, and annually thereafter, the local or regional board of education that provides such program shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education. Such report shall include, but need not be limited to, the number of students who (1) participated in and completed such program, and (2) enrolled in the CT Aero Tech School for Aviation Maintenance Technicians after completing such program.

(P.A. 23-167, S. 28.)

History: P.A. 23-167 effective July 1, 2023.

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Sec. 10-21o. Model program for paraeducator training for high school students. (a) Not later than January 1, 2024, the Commissioner of Education shall (1) in consultation with the School Paraeducator Advisory Council, established pursuant to section 10-155k, develop a model program for paraeducator training for students in grades nine to twelve, inclusive, in which such students may be qualified to work as paraeducators upon graduation from high school, and (2) distribute such model program to each local and regional board of education.

(b) A local or regional board of education may adopt the model program for paraeducator training developed pursuant to subsection (a) of this section for students in grades nine to twelve, inclusive. Not later than one year after adopting such program, and annually thereafter, such board of education shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education. Such report shall include, but not be limited to, the number of students who (1) participated and completed such program by grade, and (2) found employment as a paraeducator after graduation from high school.

(P.A. 23-167, S. 29.)

History: P.A. 23-167 effective July 1, 2023.

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Sec. 10-21p. Preapprenticeship grant program. (a) Not later than January 1, 2024, the Department of Education shall, within available appropriations, establish a preapprenticeship grant program. The department shall award grants to any local or regional board of education that incorporates a preapprenticeship program in the curriculum for grades nine to twelve, inclusive, provided such preapprenticeship program (1) is registered with the Labor Department, and (2) meets any criteria established by the Department of Education. The Department of Education shall award a grant to such board of education in an amount not less than one thousand dollars for each student that completes the preapprenticeship program.

(b) Not later than January 1, 2025, and annually thereafter, the Department of Education shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education. Such report shall include, but need not be limited to, (1) the amount of grants awarded during the prior year, and (2) the types of preapprenticeship programs completed by students during the prior year.

(P.A. 23-167, S. 31.)

History: P.A. 23-167 effective July 1, 2023.

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Sec. 10-21q. Plan for promotion of health care professions as career options and job shadowing and internship experiences in health care fields. (a) The Commissioner of Education shall, in collaboration with the Chief Workforce Officer, utilize the plan required of the Office of Workforce Strategy pursuant to section 2 of special act 22-9 in (1) the promotion of the health care professions as career options to students in middle and high school, including, but not limited to, through career day presentations regarding health care career opportunities in the state, the development of partnerships with health care career education programs in the state and the creation of counseling programs directed to high school students to inform such students about, and recruit them to, the health care professions, and (2) job shadowing and internship experiences in health care fields for high school students.

(b) Not later than September 1, 2023, the Commissioner of Education shall provide each local and regional board of education with the plan described in subsection (a) of this section, and through the Governor's Workforce Council Education Committee, support implementation of such plan.

(P.A. 23-97, S. 7.)

History: P.A. 23-97 effective July 1, 2023.

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Sec. 10-21r. Department to issue request for proposals re establishment of public-private partnerships or enhancement of pathways in technology early college high school programs. (a) As used in this section:

(1) “Alliance district” has the same meaning as provided in section 10-262u;

(2) “Private entity” means any individual, corporation, general partnership, limited partnership, limited liability partnership, joint venture, nonprofit organization or other business entity;

(3) “Public-private partnership” means the relationship established between the local or regional board of education for a town designated as an alliance district, a community college and a private entity for the purpose of implementing a pathways in technology early college high school program; and

(4) “Pathways in technology early college high school program” means a program of instruction in which students in grades nine to twelve, inclusive, complete high school and college-level coursework while simultaneously engaging in industry-guided workforce development.

(b) For the fiscal year ending June 30, 2025, and each fiscal year thereafter, the Department of Education shall annually issue a request for proposals to local and regional boards of education for towns designated as alliance districts for the establishment of a new public-private partnership or the enhancement of an existing pathways in technology early college high school program. The department shall review such proposals and award a grant to two such boards for the costs associated with the establishment of a new public-private partnership or enhancement of a pathways in technology early college high school program.

(P.A. 23-167, S. 46; 23-208, S. 6.)

History: P.A. 23-167 effective July 1, 2023; P.A. 23-208 amended Subsec. (b) by replacing “June 30, 2024” with “June 30, 2025”, effective July 1, 2023.

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Sec. 10-24f. (Note: This section is effective July 1, 2024.) Play-based learning. (a) As used in this section:

(1) “Free play” means unstructured, voluntary, child-initiated activities that are performed by a child for self-amusement and have behavioral, social and psychomotor rewards, except “free play” may be structured to promote activities that are child-directed, joyful and spontaneous.

(2) “Guided play” means learning experiences that combine the child-directed nature of free play with a focus on learning outcomes and adult guidance.

(3) “Play-based learning” means a pedagogical approach that emphasizes play in promoting learning and includes developmentally appropriate strategies that can be integrated with existing learning standards. “Play-based learning” does not mean time spent in recess or as part of a physical education course or instruction.

(4) “Recess” means the time during the regular school day for each student enrolled in elementary school that is devoted to physical exercise of not less than twenty minutes in total pursuant to section 10-221o.

(5) “Mobile electronic device” has the same meaning as provided in section 10-222d.

(6) “Instructional time” means the time of actual school work during a regular school day.

(b) Each local and regional board of education shall provide for play-based learning during the instructional time of each regular school day for all students in kindergarten and any preschool program offered by the board. Such play-based learning shall (1) be incorporated and integrated into daily practice, (2) allow for the needs of such students to be met through free play, guided play and games, and (3) be predominantly free of the use of mobile electronic devices.

(c) Each local and regional board of education shall permit a teacher to utilize play-based learning during the instructional time of a regular school day for all students in grades one to five, inclusive. Such play-based learning (1) may be incorporated and integrated into daily practice, (2) shall allow for the needs of such students to be met through free play, guided play and games, and (3) shall be predominantly free of the use of mobile electronic devices.

(d) Any play-based learning utilized under this section shall comply with the individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, for any student.

(e) A school employee may only prevent or otherwise restrict a student's participation in play-based learning if such prevention or restriction is in accordance with the policy developed by the local or regional board of education pursuant to section 10-221o.

(P.A. 23-101, S. 20; 23-159, S. 4.)

History: P.A. 23-101 and P.A. 23-159 effective July 1, 2024.

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Sec. 10-25b. Model curriculum for grades kindergarten to eight. (a) Not later than January 1, 2024, the Department of Education, in collaboration with the State Education Resource Center, shall develop a model curriculum for grades kindergarten to grade eight, inclusive, that may be used in whole or in part by any local or regional board of education.

(b) The content of the model curriculum shall (1) be rigorous, age-appropriate, aligned with curriculum guidelines approved by the State Board of Education and in accordance with the state-wide subject matter content standards, adopted by the state board pursuant to section 10-4, (2) be in accordance with the program of instruction and subject matter requirements prescribed in section 10-16b, and (3) include and integrate throughout such model curriculum at least the following: (A) The subject matter prescribed in section 10-16b, (B) Native American studies, (C) Asian American and Pacific Islander studies, (D) lesbian, gay, bisexual, transgender, queer and other sexual orientations and gender identities studies, (E) climate change, (F) personal financial management and financial literacy, (G) the military service and experience of American veterans, (H) civics and citizenship, including instruction in digital citizenship and media literacy that provides students with the knowledge and skills necessary to safely, ethically, responsibly and effectively use digital technologies to create and consume digital content, communicate with others and participate in social and civic activities, (I) the principles of social-emotional learning, (J) racism, (K) cursive writing, and (L) world languages beginning in kindergarten.

(c) In developing the model curriculum, the Department of Education and State Education Resource Center (1) shall consult with persons and organizations with subject matter expertise in developing the model curriculum, and (2) may utilize existing and appropriate public or private materials, personnel and other resources, and accept gifts, grants and donations, including in-kind donations, designated for the development of the model curriculum under this section.

(d) The Department of Education shall make the model curriculum available to local and regional boards of education and on the department's Internet web site.

(June Sp. Sess. P.A. 21-2, S. 374; P.A. 22-38, S. 4; P.A. 23-167, S. 16.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021; P.A. 22-38 amended Subsec. (a) by replacing “January 1, 2023” with “January 1, 2024”, effective July 1, 2022; P.A. 23-167 amended Subsec. (a) by replacing “that may be used by local and regional boards of education” with “that may be used in whole or in part by any local or regional board of education” and amended Subsec. (b)(3) by adding Subpara. (K) re cursive writing and adding Subpara. (L) re world languages beginning in kindergarten, effective July 1, 2023.

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Sec. 10-29a. Certain days, weeks and months to be proclaimed by Governor. Distribution and number of proclamations. (a)(1) Martin Luther King Day. The Governor shall proclaim the fifteenth day of January of each year prior to 1986, and commencing on the twentieth day of January in 1986, the first Monday occurring on or after January fifteenth of each year, to be Martin Luther King Day, and the last school day before such day shall be suitably observed in the public schools of the state as a day honoring Martin Luther King for his selfless devotion to the advancement of equality and the preservation of human rights.

(2) Pan American Day. The Governor shall proclaim April fourteenth of each year to be Pan American Day, which day shall be suitably observed in the public schools of the state as a day honoring the Latin American republics, and shall otherwise be suitably observed by such public exercises in the State Capitol and elsewhere as the Governor designates. If such schools are not in session on such day, Pan American Day shall be observed in the schools on the school day next succeeding or on a succeeding day designated by each local or regional board of education.

(3) Arbor Day. The last Friday of April in each year shall be observed in Connecticut as Arbor Day. The Governor shall annually designate this day with suitable proclamation or letter urging that on Arbor Day schools, civic organizations, governmental departments and all citizens and groups give serious thought to, and mark by appropriate exercises of a public nature, the value of trees and forests, the ornamentation of our streets, highways and parks with trees; and the economic benefits to be derived from well-cultivated orchards and forests.

(4) Loyalty Day. The Governor shall proclaim May first in each year to be Loyalty Day, which day shall be set aside as a special day for the reaffirmation of loyalty to the United States of America and for the recognition of the heritage of American freedom; and the flag of the United States shall be displayed on all state buildings on said day. Said day shall be suitably observed in the public schools of the state.

(5) Senior Citizens Day. The Governor shall proclaim the first Sunday in May in each year as Senior Citizens Day, in honor of the elderly citizens of the state and in recognition of their continued contribution to the state and the enrichment of the lives of all its citizens.

(6) Flag Day. The Governor shall, annually, designate by official proclamation or letter the fourteenth day of June as Flag Day and suitable exercises, having reference to the adoption of the national flag, shall be held in the public schools on the day so designated or, if that day is not a school day, on the school day preceding, or on any such other day as the local or regional board of education prescribes. On Flag Day suitable instruction in the method of displaying the flag and in the respect due the flag shall be given, based upon the flag code as adopted and revised by the National Flag Conference.

(7) School Safety Patrol Day. The Governor shall proclaim the second Monday in September of each year to be School Safety Patrol Day, which shall be suitably observed in the public schools of the state with a program on highway safety to call attention to the fine work of school safety patrols.

(8) Nathan Hale Day. The Governor shall proclaim September twenty-second of each year to be Nathan Hale Day, which day shall be suitably observed in the public schools of the state as a day honoring Nathan Hale for his selfless patriotism.

(9) Indian Day. The Governor shall proclaim the last Friday in September in each year to be Indian Day, which day shall be suitably observed in the public schools of the state as a day of commemoration of American Indians and their contribution to American life and civilization.

(10) Puerto Rico Day. The Governor shall proclaim the fourth Sunday in September in each year as Puerto Rico Day to honor the contribution to the welfare of the state made by persons of Puerto Rican ancestry, which day shall be suitably observed by such public exercises in the State Capitol and elsewhere as the Governor designates. Puerto Rico Day shall be suitably observed in the public schools of the state on the school day next succeeding the fourth Sunday in September or on such succeeding day as may be designated by the local or regional board of education.

(11) Leif Erikson Day. The Governor shall proclaim a day within the first nine days of October of each year to be Leif Erikson Day, which day shall be suitably observed in all the public schools of the state as a day of commemoration of the Scandinavian peoples and their culture and the great contribution they have made to this country in the past and are now making, and also as a tribute to the gallant explorations of the Vikings.

(12) Fire Prevention Day. The Governor shall, also, by proclamation or letter, annually designate a day, on or about October ninth, to be known as Fire Prevention Day, which day shall be observed in the schools and in such other way as is indicated in such proclamation or letter.

(13) Columbus Day. The Governor shall proclaim the second Monday in October of each year to be Columbus Day. Suitable exercises shall be held in the public schools, having reference to the historical events connected therewith and in commemoration of the Italian people, their culture and the great contribution they have made to this country, such exercises to be held during the week within which Columbus Day occurs or on such other day as the local or regional board of education prescribes.

(14) Veterans' Day. The Governor shall annually issue a proclamation or letter calling for the observance of the eleventh day of November as Veterans' Day, in recognition of the service and sacrifice of the sons and daughters of Connecticut who served in the naval and military service of the United States in time of war. Suitable exercises shall be held in the public schools, having reference to the historical events connected therewith, such exercises to be held during the week within which Veterans' Day occurs or on any such other day as the local or regional board of education prescribes.

(15) St. Patrick's Day. The Governor shall proclaim March seventeenth of each year to be St. Patrick's Day to honor the Irish people, their culture and the contribution they have made to this state and country, which day shall be suitably observed by such public exercises in the State Capitol and elsewhere as the Governor designates.

(16) German-American Day. The Governor shall proclaim October sixth of each year to be German-American Day to honor Americans of German ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(17) Friends Day. The Governor shall proclaim the fourth Sunday in April of each year to be Friends Day in honor of the enduring value of friendship and in recognition of the fundamental need, common to each member of our society, for a friend.

(18) Lithuanian Day. The Governor shall proclaim a date certain in each year as Lithuanian Day to honor the contribution to the welfare of the state made by persons of Lithuanian ancestry and to commemorate the culture of the Lithuanian people.

(19) Powered Flight Day. The Governor shall proclaim a date certain in each year as Powered Flight Day to honor the first powered flight by Gustave Whitehead and to commemorate the Connecticut aviation and aerospace industry.

(20) Ukrainian-American Day. The Governor shall proclaim August twenty-fourth of each year to be Ukrainian-American Day to honor Americans of Ukrainian ancestry, their culture and the contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(21) Retired Teachers Day. The Governor shall proclaim the third Wednesday in February in each year as Retired Teachers Day in honor of the retired teachers of the state and in recognition of their contributions.

(22) End of World War II Day. The Governor shall proclaim August fourteenth of each year as the day to commemorate the end of World War II. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(23) Honor Our Heroes and Remembrance Day. The Governor shall proclaim September eleventh of each year as Honor Our Heroes and Remembrance Day, in memory of those who lost their lives or suffered injuries in the terrorist attacks on September 11, 2001, and in honor of the service, sacrifice and contributions of the firefighters, police officers and other personnel who responded to such attacks. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(24) Workers' Memorial Day. The Governor shall proclaim April twenty-eighth of each year to be Workers' Memorial Day to commemorate and to honor workers who have died on the job in the state. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(25) Disability Awareness Day. The Governor shall proclaim July twenty-sixth of each year to be Disability Awareness Day to heighten public awareness of the needs of persons with disabilities. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(26) Volunteer Firefighter and Volunteer Emergency Medical Services Personnel Day. The Governor shall proclaim the first Saturday in August of each year to be Volunteer Firefighter and Volunteer Emergency Medical Services Personnel Day in recognition of the service, sacrifice and contributions of such volunteers to the public health and safety. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(27) Women's Independence Day. The Governor shall proclaim August twenty-sixth of each year to be Women's Independence Day to commemorate the ratification of the Nineteenth Amendment to the Constitution of the United States granting women the right to vote. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(28) Destroyer Escort Day. The Governor shall proclaim the third Saturday in June of each year as Destroyer Escort Day to commemorate and honor the service of destroyer escort ships in World War II, the Korean War and the Vietnam War and the sailors who served on them. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(29) Iwo Jima Day. The Governor shall proclaim February twenty-third of each year to be Iwo Jima Day to commemorate the raising of the American flag over the battlefield at Iwo Jima. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(30) Korean Armistice Day. The Governor shall proclaim July twenty-seventh of each year to be Korean Armistice Day to commemorate the signing of the armistice ending the Korean hostilities. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(31) Prudence Crandall Day. The Governor shall proclaim September third of each year to be Prudence Crandall Day in honor of her birthday. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(32) Polish-American Day. The Governor shall proclaim May third of each year to be Polish-American Day to honor Americans of Polish ancestry, their culture and the contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(33) Green Up Day. The Governor shall proclaim the last Saturday in April of each year to be Green Up Day to encourage citizens to clean up their communities, to plant trees and flowers and to otherwise enhance the physical beauty of the state's communities and countryside. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(34) Romanian-American Day. The Governor shall proclaim December first of each year to be Romanian-American Day to honor Americans of Romanian ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(35) Republic of China on Taiwan-American Day. The Governor shall proclaim October tenth of each year to be Republic of China on Taiwan-American Day to honor Americans of Chinese-Taiwanese ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(36) Austrian-American Day. The Governor shall proclaim May fifteenth of each year to be Austrian-American Day to honor Americans of Austrian ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(37) Greek-American Day. The Governor shall proclaim March twenty-fifth of each year, the day that Greeks celebrate as Greek Independence Day, to be Greek-American Day to honor Americans of Greek ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(38) Hungarian Freedom Fighters Day. The Governor shall proclaim October twenty-third of each year to be Hungarian Freedom Fighters Day to honor the bravery of the Hungarian freedom fighters during the Hungarian Revolution of 1956. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(39) National Children's Day. The Governor shall proclaim the second Sunday in October of each year to be National Children's Day. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(40) Youth to Work Day. The Governor shall proclaim the second Wednesday of February of each year to be Youth to Work Day to allow an adult to bring a youth to work for the purpose of exposing such youth to the workplace. Suitable programs shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(41) Christa Corrigan McAuliffe Day. The Governor shall proclaim May twenty-fourth of each year to be Christa Corrigan McAuliffe Day to commemorate her valor and to honor the commitment and dedication of teachers throughout the United States. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(42) Gulf War Veterans Day. The Governor shall proclaim February twenty-eighth of each year to be Gulf War Veterans Day, in recognition of the service and sacrifice of the sons and daughters of Connecticut who served in the military service of the United States in the Persian Gulf War. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(43) Long Island Sound Day. The Governor shall proclaim the Friday before Memorial Day of each year to be Long Island Sound Day to encourage citizens to acknowledge and celebrate the economic, recreational and environmental values of the Sound. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(44) A Week to Remember Persons who have a Disability or are Shut-in. The Governor shall proclaim the third week in May of each year to be A Week to Remember Persons who have a Disability or are Shut-in. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(45) Firefighter and Emergency Medical Services Personnel Week. The Governor shall proclaim the first week in August of each year to be Firefighter and Emergency Medical Services Personnel Week in recognition of the service, sacrifice and contributions of such personnel to the public health and safety. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(46) Family Day. The Governor shall proclaim the second Sunday in September of each year to be Family Day. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(47) Connecticut Aviation Pioneer Day. The Governor shall proclaim May twenty-fifth of each year to be Connecticut Aviation Pioneer Day to commemorate and to honor Igor I. Sikorsky. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(48) Juneteenth Independence Day. The Governor shall proclaim the Saturday that is closest to June nineteenth of each year to be Juneteenth Independence Day in recognition of the formal emancipation of enslaved African-Americans pursuant to General Order No. 3 of June 19, 1865, in Galveston, Texas. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(49) Corsair Day. The Governor shall proclaim May twenty-ninth of each year to be Corsair Day, to commemorate the first flight of the F4U Corsair and to honor the achievement of Connecticut workers at United Aircraft, Pratt and Whitney, Hamilton Standard and the Vought-Sikorsky companies in the production of the F4U Corsair, the only major combat aircraft of World War II that was the product of a single state. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(50) Frederick Law Olmsted Day. The Governor shall proclaim April twenty-sixth of each year to be Frederick Law Olmsted Day to honor his legacy as the founder of American landscape architecture. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(51) Lung Cancer Awareness Month. The Governor shall proclaim the month of November to be Lung Cancer Awareness Month to heighten public awareness of the fact that lung cancer is the leading cause of cancer death of both men and women in the United States. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(52) Woman-Owned Business Month. The Governor shall proclaim the month of May to be Woman-Owned Business Month to honor the contribution that women-owned businesses make to our state. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(53) Arnold-Chiari Malformation Awareness Month. The Governor shall proclaim the month of September to be Arnold-Chiari Malformation Awareness Month to heighten public awareness of Arnold-Chiari Malformation's attendant presentations and treatments. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(54) Missing Persons Day. The Governor shall proclaim August twenty-third of each year to be Missing Persons Day to raise awareness of the plight of the families of state citizens who have been reported as missing. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(55) Fibromyalgia Awareness Day. The Governor shall proclaim May twelfth of each year to be Fibromyalgia Awareness Day to heighten public awareness of the associated presentation and available treatments for fibromyalgia disorder. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(56) Fragile X Awareness Day. The Governor shall proclaim September thirteenth of each year to be Fragile X Awareness Day to heighten public awareness of Fragile X's attendant presentations and treatments. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(57) Self Injury Awareness Day. The Governor shall proclaim March first of each year to be Self Injury Awareness Day to increase awareness of the issues surrounding self injury. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(58) Mitochondrial Disease Awareness Week. The Governor shall proclaim the third week in September of each year to be Mitochondrial Disease Awareness Week to raise awareness of Mitochondrial Disease. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(59) Thomas Paine Day. The Governor shall proclaim the twenty-ninth day of January of each year to be Thomas Paine Day to honor Thomas Paine, the author and theorist, for his instrumental role in the cause of independence leading to the American Revolution. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(60) Canada Appreciation Day. The Governor shall proclaim July first, Canada Day, of each year to be Canada Appreciation Day to honor the close ties of geography, culture and economy between our two countries. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(61) Welcome Home Vietnam Veterans Day. The Governor shall proclaim March thirtieth of each year to be Welcome Home Vietnam Veterans Day, to commemorate and honor the return home of the members of the armed forces who served in Vietnam. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(62) Irish-American Month. The Governor shall proclaim the month of March of each year to be Irish-American Month to honor Americans of Irish ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(63) Italian-American Month. The Governor shall proclaim the month of October of each year to be Italian-American Month to honor Americans of Italian ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(64) Native American Month. The Governor shall proclaim the month of November of each year to be Native American Month to honor Americans of Native American ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(65) French Canadian-American Day. The Governor shall proclaim June twenty-fourth of each year to be French Canadian-American Day to honor Americans of French Canadian ancestry, their culture and the great contribution they have made to this country. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(66) First Responder Day. The Governor shall proclaim September twenty-seventh of each year to be First Responder Day in recognition of the service, sacrifice and contribution of such personnel to the public health and safety. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(67) Are You Dense? Breast Cancer Awareness Day. The Governor shall proclaim October thirtieth of each year to be Are You Dense? Breast Cancer Awareness Day to heighten public awareness of the associated presentation and available treatments for breast cancer. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(68) Neurological Disorders Awareness Day. The Governor shall proclaim October ninth of each year to be Neurological Disorders Awareness Day to heighten public awareness of the associated presentation and available treatments for neurological disorders. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(69) Spinal Muscular Atrophy with Respiratory Distress Awareness Day. The Governor shall proclaim February tenth of each year to be Spinal Muscular Atrophy with Respiratory Distress Awareness Day to heighten public awareness of the associated presentation and available treatments for spinal muscular atrophy with respiratory distress. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(70) Dwarfism Awareness Month. The Governor shall proclaim the month of October of each year to be Dwarfism Awareness Month to increase public awareness of the associated presentation and available treatments for dwarfism. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(71) Safe Haven Day. The Governor shall proclaim April fourth of each year to be Safe Haven Day to heighten public awareness of the safe haven law, sections 17a-57 to 17a-61, inclusive, concerning the voluntary surrender of infants thirty days or younger and the availability of safe havens in the state. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(72) Trigeminal Neuralgia Awareness Day. The Governor shall proclaim October seventh of each year to be Trigeminal Neuralgia Awareness Day to increase public awareness of the associated presentation and available treatments for trigeminal neuralgia. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(73) Bob Hope Day. The Governor shall proclaim May twenty-ninth of each year to be Bob Hope Day to recognize Bob Hope's efforts across the globe in support of United States military service members. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(74) Purebred Dog Day. The Governor shall proclaim May first of each year to be Purebred Dog Day to honor purebred dogs and their breeders. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(75) Male Breast Cancer Awareness Week. The Governor shall proclaim the third week in October of each year to be Male Breast Cancer Awareness Week to heighten public awareness of the associated presentation and available treatments for male breast cancer. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(76) Lyme Disease Awareness Month. The Governor shall proclaim the month of May of each year to be Lyme Disease Awareness Month to heighten public awareness of the associated presentation and available treatments for Lyme disease. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(77) PJ Day. The Governor shall proclaim the second Friday in December of each year to be PJ Day to raise awareness of all of those children being treated and cared for in hospitals across the state. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(78) Patriots' Day. The Governor shall proclaim the third Monday in April of each year to be Patriots' Day to commemorate the anniversary of the Battles of Lexington and Concord during the American Revolutionary War. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(79) National K9 Veterans' Day. The Governor shall proclaim March thirteenth of each year to be National K9 Veterans' Day to honor federal, state and local law enforcement K9 Corps units and their service to our local communities, state and country. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(80) Connecticut Maple Month. The Governor shall proclaim the month of March of each year to be Connecticut Maple Month to recognize the continued contribution of maple producers in the state who perpetuate a cherished New England tradition and who positively impact our economy, environment and way of life. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(81) Fibrodysplasia Ossificans Progressiva Awareness Day. The Governor shall proclaim November twenty-sixth of each year to be Fibrodysplasia Ossificans Progressiva Awareness Day to raise public awareness of the rare connective tissue disease. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(82) Jewish American Heritage Month. The Governor shall proclaim the month of May of each year to be Jewish American Heritage Month to honor Americans of Jewish ancestry, their culture and the great contribution they have made to this country. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(83) Cable Technician Recognition Day. The Governor shall proclaim September eighth of each year to be Cable Technician Recognition Day to honor cable technicians. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(84) Military Spouses' Day. The Governor shall proclaim November twelfth of each year to be Military Spouses' Day to acknowledge the significant contributions, support, and sacrifices of spouses of members of the Armed Forces. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(85) Sikh Genocide Remembrance Day. The Governor shall proclaim November first of each year to be Sikh Genocide Remembrance Day to remember the lives lost on November 1, 1984, during the Sikh Genocide. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(86) Eating Disorders Awareness Week. The Governor shall proclaim the fourth week in February of each year to be Eating Disorders Awareness Week to heighten public awareness of the associated presentation and available treatments for eating disorders. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(87) Cadet Nurse Corps Day. The Governor shall proclaim June fifteenth of each year to be Cadet Nurse Corps Day to honor women who served during the Second World War as members of the Cadet Nurse Corps. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(88) Connecticut Older Horse Week. The Governor shall proclaim the fourth week in May of each year to be Connecticut Older Horse Week to spread awareness of the active role that horses play in farming, sports and entertainment and to recognize the retired horses of the state. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(89) Kidney Disease Awareness Week. The Governor shall proclaim the first week in September of each year to be Kidney Disease Awareness Week to raise public awareness of the associated presentation and available treatments for chronic kidney disease or kidney failure, the need for artificial filtering or dialysis, kidney donations and kidney transplants, and the diseases or conditions that impair kidney function such as diabetes and hypertension and the various types of kidney disease such as polycystic kidney disease. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(90) 22q11.2 Deletion Syndrome Day. The Governor shall proclaim November twenty-second of each year to be 22q11.2 Deletion Syndrome Day to raise public awareness of this genetic disease and available treatments for it. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(91) Diffuse Intrinsic Pontine Glioma Day. The Governor shall proclaim May seventeenth of each year to be Diffuse Intrinsic Pontine Glioma Day to raise public awareness of this type of brain cancer. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(92) Thirteenth Amendment Day. The Governor shall proclaim December sixth of each year to be Thirteenth Amendment Day to reflect upon, remember and celebrate the ratification of the thirteenth amendment to the United States Constitution, which abolished slavery. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(93) Clubfoot Day. The Governor shall proclaim June third of each year to be Clubfoot Day to raise public awareness of this musculoskeletal birth deformity and available treatments for it. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(94) Encephalitis Day. The Governor shall proclaim February twenty-second of each year to be Encephalitis Day to raise awareness of encephalitis and acknowledge those who have been directly or indirectly affected by encephalitis. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(95) U.S.S. Indianapolis CA-35 Day. The Governor shall proclaim July thirtieth of each year to be U.S.S. Indianapolis CA-35 Day to commemorate and honor the cruiser and the service, sacrifice and bravery of the sailors of Connecticut who served aboard the ship during World War II, and in recognition of the U.S.S. Indianapolis CA-35's final sailing crew, the pilots who discovered the survivors and the rescue and recovery crews. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(96) Advance Directive Awareness Week. The Governor shall proclaim the week of April sixteenth of each year to be Advance Directive Awareness Week, to raise public awareness of the importance of planning ahead for health care decisions and to encourage the use of advance directives. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(97) Moyamoya Awareness Day. The Governor shall proclaim May sixth of each year to be Moyamoya Awareness Day to raise public awareness of the symptoms and available treatments for this cerebrovascular disease. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(98) Connecticut Race Amity Day. The Governor shall proclaim the second Sunday of June annually to be Connecticut Race Amity Day, to reflect and affirm the dignity of the diverse racial, cultural and religious backgrounds of the residents of the state. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(99) Brain Aneurysm Awareness Month. The Governor shall proclaim the month of September annually to be Brain Aneurysm Awareness Month, to raise public awareness of the associated presentation and available treatments for brain aneurysms. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(100) Xeroderma Pigmentosum Awareness Day. The Governor shall proclaim May thirteenth of each year to be Xeroderma Pigmentosum Awareness Day, to raise awareness of this genetic disorder characterized by an extreme sensitivity to ultraviolet rays. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(101) Kindness Week. The Governor shall proclaim the second week of February of each year to be Kindness Week, to promote acts of kindness among the residents of the state. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(102) Social Media Safety and Awareness Week. The Governor shall proclaim the last week of June of each year to be Social Media Safety and Awareness Week, to raise awareness of social media usage's potential effect on mental health and social media safety. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(103) Peace Corps Month. The Governor shall proclaim the month of March of each year to be Peace Corps Month, in recognition of the service provided by the volunteers of the Peace Corps in supporting the global community. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(104) Maternal Mental Health Month. The Governor shall proclaim the month of May of each year to be Maternal Mental Health Month, to raise awareness of issues surrounding maternal mental health. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(105) Maternal Mental Health Day. The Governor shall proclaim May fifth of each year to be Maternal Mental Health Day, to raise awareness of issues surrounding maternal mental health. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(106) Get Outside and Play For Children's Mental Health Day. The Governor shall proclaim May twenty-sixth of each year to be Get Outside and Play for Children's Mental Health Day to raise awareness about issues relating to children's mental health and the positive effect that being outdoors has on children's mental health and wellness. Suitable exercises shall be held in the State Capitol and in the public schools on the day so designated or, if that day is not a school day, on the school day preceding, or on any such other day as the local or regional board of education prescribes.

(107) Health Equity Week. The Governor shall proclaim the first full week of April each year to be Health Equity Week to reaffirm the state's commitment to eliminating health inequities to ensure all residents have the opportunity to achieve optimal health. Suitable exercises shall be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(108) Bone Health and Osteoporosis Month. The Governor shall proclaim the month of May of each year as Bone Health and Osteoporosis Month, to raise public awareness of this women's health issue. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(109) Tardive Dyskinesia Awareness Week. The Governor shall proclaim the first week of May of each year to be Tardive Dyskinesia Awareness Week, to raise public awareness of this neurological involuntary movement disorder and available treatments for it. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the week.

(110) Ann Petry Day. The Governor shall proclaim May tenth of each year as Ann Petry Day, in recognition of this Connecticut author and her contribution to literature as the first African-American female author to sell more than a million copies of a novel. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(111) Trinity College Day. The Governor shall proclaim May sixteenth of each year to be Trinity College Day, to recognize the contributions that Trinity College has made to the state upon the anniversary of when the college received its charter, on May 16, 1823. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(112) Bosnian Genocide Remembrance Day. The Governor shall proclaim July eleventh of each year as Bosnian Genocide Remembrance Day, to remember the more than eight thousand Bosniak civilians killed in Srebrenica during the Bosnian War. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(113) Free Enterprise Day. The Governor shall proclaim September fourteenth of each year to be Free Enterprise Day, to recognize the contributions that free enterprise has made to the state's economy. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(114) Constitution Day. The Governor shall proclaim September seventeenth of each year to be Constitution Day, to commemorate the formation and signing of the United States Constitution. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(115) PANS and PANDAS Awareness Day. The Governor shall proclaim October ninth of each year as PANS and PANDAS Awareness Day, to raise awareness of the autoimmune disorders of Pediatric Acute-onset Neuropsychiatric Syndrome and Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal infections and available treatments for them. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the day.

(116) Survivors of Homicide Victims Awareness Month. The Governor shall proclaim the holiday period of November twentieth to December twentieth, inclusive, as Survivors of Homicide Victims Awareness Month, to support the family members of victims of homicide by educating and influencing the public about the impact of homicide on families and communities. Suitable exercises may be held in the State Capitol and elsewhere as the Governor designates for the observance of the month.

(117) Intellectual and Developmental Disabilities Awareness and Advocacy Day. The Governor shall proclaim May twenty-third of each year to be Intellectual and Developmental Disabilities Awareness and Advocacy Day to promote awareness of and advocacy for persons with an intellectual disability or other developmental disabilities. Suitable exercises shall be held in the State Capitol and in public schools on the day so designated or, if that day is not a school day, on the school day preceding, or on any such other day as the local or regional board of education prescribes.

(b) Distribution and number of proclamations. The number of the Governor's proclamations for the initial observance of a day under any subdivision of subsection (a) of this section that are printed, handled and mailed shall be limited to the following: (1) One copy of each proclamation issued by the Governor shall be distributed (A) to each municipality, (B) to each school in each municipality, (C) to each public and private institution of higher education and (D) to each public library. (2) One copy of those proclamations declaring a day of fasting and prayer, Independence Day, and Thanksgiving Day shall be distributed to each church and synagogue in the state. The Governor may issue either not more than one proclamation or not more than one letter to each such entity to proclaim the subsequent observance of each such day.

(P.A. 78-218, S. 26; P.A. 83-11; P.A. 84-56, S. 1; 84-546, S. 21, 173; P.A. 85-219; 85-229; P.A. 87-53, S. 1; P.A. 89-15, S. 1; 89-20, S. 1, 2; 89-118, S. 3; P.A. 90-180; P.A. 91-44; 91-130, S. 1, 2; P.A. 93-117, S. 1, 2; 93-281, S. 1; P.A. 94-75, S. 2, 3; 94-88; P.A. 95-25, S. 1, 2; 95-67; P.A. 96-45; 96-84, S. 1, 2; 96-155, S. 1; 96-244, S. 50, 63; P.A. 97-75; 97-77; 97-146, S. 1, 2; 97-288, S. 5, 6; P.A. 02-126, S. 8; P.A. 03-29, S. 1; 03-79, S. 1; P.A. 05-49, S. 2; 05-179, S. 1; P.A. 06-77, S. 1; June Sp. Sess. P.A. 07-4, S. 67; P.A. 09-224, S. 1, 4; P.A. 10-40, S. 1; P.A. 13-210, S. 3, 7; P.A. 14-25, S. 1; 14-188, S. 9; P.A. 15-87, S. 1; 15-241, S. 1; P.A. 17-202, S. 15; 17-204, S. 1; P.A. 18-60, S. 1; P.A. 19-152, S. 1, 2; June Sp. Sess. P.A. 21-2, S. 185, 186; P.A. 22-58, S. 77; 22-81, S. 10; 22-146, S. 21; P.A. 23-2, S. 1, 2; 23-22, S. 13; 23-137, S. 17; 23-195, S. 5.)

History: P.A. 83-11 required the governor to proclaim March 17 of each year St. Patrick's Day to pay honor to the Irish people; P.A. 84-56 amended Subsec. (a) to reflect date for observance of Martin Luther King Day under federal law and added provisions re German-American Day and Friends Day as Subsecs. (p) and (q), relettering former Subsec. (p) as (r); P.A. 84-546 made technical grammatical changes in Subsec. (c); P.A. 85-219 inserted new Subsec. (r) re Lithuanian Day and P.A. 85-229 inserted new Subsec. (s) re Powered Flight Day, relettering former Subsec. (r) accordingly; P.A. 87-53 added new Subsec. (t) re proclamation of Ukrainian-American Day and relettered Subsec. (t) as Subsec. (u); P.A. 89-15 added new Subsec. re proclamation of Retired Teachers Day; P.A. 89-20 inserted new Subsec. requiring governor to proclaim August fourteenth as day to commemorate end of World War II; P.A. 89-118 inserted new Subsec. re proclamation of 911 Day, relettering Subsecs. as necessary; P.A. 90-180 inserted a new Subsec. (x) re proclamation of Workers' Memorial Day and relettered former Subsec. (x) as Subsec. (y); P.A. 91-44 inserted new Subsec. re proclamation of Disability Awareness Day and relettered former Subsec. (y) accordingly; P.A. 91-130 inserted new Subsecs. re proclamation of Volunteer Firefighter and Volunteer Emergency Medical Services Personnel Day, and re Women's Independence Day, and relettered former Subsec. (y) accordingly; P.A. 93-117 inserted new Subsec. (bb) re proclamation of Destroyer Escort Day, relettered former Subsec. (bb) accordingly and authorized governor to issue letters to proclaim observance of any day under this section after initial observance of the day, effective June 14, 1993; P.A. 93-281 inserted new Subsec. (cc) re proclamation of Iwo Jima Day, necessitating the relettering of newly created (cc) as (dd); P.A. 94-75 inserted new Subsec. (dd) re proclamation of Korean Armistice Day and relettered former Subsec. (dd) accordingly, effective July 1, 1994; P.A. 94-88 amended Subsec. (t) by changing date of Ukrainian-American Day from January twenty-second to August twenty-fourth, added new Subsec. (ee) re Prudence Crandall Day and relettered former Subsec. (dd) as (ff); P.A. 95-25 designated Subsecs. (a) to (ee), inclusive, as Subdivs. (1) to (31), inclusive, of Subsec. (a) and added Subdiv. (32) re proclamation of Polish-American Day and designated Subsec. (ff) as Subsec. (b), effective July 1, 1995; P.A. 95-67 added new Subdiv. (33) re Green Up Day; P.A. 96-45 added new Subdiv. in Subsec. (a), codified by the Revisors as (39), re National Children's Day; P.A. 96-84 added Subdivs. (34) to (38), inclusive, in Subsec. (a) re Romanian-American Day, Republic of China on Taiwan-American Day, Austrian-American Day, Greek-American Day and Hungarian Freedom Fighters Day, effective May 8, 1996; P.A. 96-155 added new Subdiv. in Subsec. (a), codified by the Revisors as (40), re Youth to Work Day; P.A. 96-244 added new Subdiv. in Subsec. (a), codified by the Revisors as (41), re Christa Corrigan McAuliffe Day, effective June 6, 1996; P.A. 97-75 added Subsec. (a)(42) re Gulf War Veterans Day; P.A. 97-77 added Subsec. (a)(43) re Long Island Sound Day; P.A. 97-146 added new Subdivs. (44) and (45) in Subsec. (a) re A Week to Remember Persons who are Disabled or Shut-in and Firefighter and Emergency Medical Services Personnel Week, effective June 13, 1997; P.A. 97-288 added new Subsec. (a)(46) re Family Day, effective July 1, 1997; P.A. 02-126 amended Subsec. (a)(23) by proclaiming September eleventh of each year as Remembrance Day in lieu of 911 Day, effective July 1, 2002; P.A. 03-29 added Subsec. (a)(47) re Connecticut Aviation Pioneer Day, effective April 25, 2003; P.A. 03-79 added Subsec. (a)(48) re Juneteenth Independence Day, effective June 3, 2003; P.A. 05-49 added Subsec. (a)(49) re Corsair Day, effective May 9, 2005; P.A. 05-179 added Subsec. (a)(50) re Frederick Law Olmsted Day; P.A. 06-77 added Subsec. (a)(51) re Lung Cancer Awareness Month (Revisor's note: Although when it was enacted Subdiv. (51) included the catchline “Lung Cancer Awareness Month”, the Revisors have treated that catchline as though they had added it editorially and it will therefore be printed in boldface type for consistency with the other subdivision catchlines in this section); June Sp. Sess. P.A. 07-4 added Subsec. (a)(52) re Woman-Owned Business Month, effective June 29, 2007; P.A. 09-224 amended Subsec. (a)(23) to redesignate September eleventh of each year as “Honor Our Heroes and Remembrance Day” and added Subsec. (a)(53) re Arnold-Chiari Malformation Awareness Month, Subsec. (a)(54) re Missing Persons Day, Subsec. (a)(55) re Fibromyalgia Awareness Day, Subsec. (a)(56) re Fragile X Awareness Day, Subsec. (a)(57) re Self Injury Awareness Day, Subsec. (a)(58) re Mitochondrial Disease Awareness Week, Subsec. (a)(59) re Thomas Paine Day and Subsec. (a)(60) re Canada Appreciation Day, effective July 8, 2009; P.A. 10-40 added Subsec. (a)(61) re Welcome Home Vietnam Veterans Day, effective May 18, 2010; P.A. 13-210 amended Subsec. (a) by replacing reference to the Wright Brothers with reference to Gustave Whitehead in Subdiv. (19), adding Subdiv. (62) re Irish-American Month, adding Subdiv. (63) re Italian-American Month, adding Subdiv. (64) re Native American Month and adding Subdiv. (65) re French Canadian-American Day, effective June 25, 2013; P.A. 14-25 amended Subsec. (a) by adding Subdiv. (66) re First Responder Day, effective May 16, 2014; P.A. 14-188 amended Subsec. (a) by adding provisions re Are You Dense? Breast Cancer Awareness Day and re Neurological Disorders Awareness Day, codified by the Revisors as Subdivs. (67) and (68), respectively, effective June 12, 2014; P.A. 15-87 amended Subsec. (a) to add Subdiv. (69) re Spinal Muscular Atrophy with Respiratory Distress Awareness Day and Subdiv. (70) re Dwarfism Awareness Month, effective May 28, 2015; P.A. 15-241 amended Subsec. (a) to add provision, codified by the Revisors as Subdiv. (71), re Safe Haven Day, effective July 6, 2015; P.A. 17-202 amended Subsec. (a)(44) by replacing “A Week to Remember Persons who are Disabled or Shut-in” with “A Week to Remember Persons who have a Disability or are Shut-in”; P.A. 17-204 amended Subsec. (a) to add Subdiv. (72) re Trigeminal Neuralgia Awareness Day, Subdiv. (73) re Bob Hope Day, Subdiv. (74) re Purebred Dog Day, Subdiv. (75) re Male Breast Cancer Awareness Week, Subdiv. (76) re Lyme Disease Awareness Month, Subdiv. (77) re PJ Day, Subdiv. (78) re Patriots' Day, Subdiv. (79) re National K9 Veterans' Day, Subdiv. (80) re Connecticut Maple Month, Subdiv. (81) re Fibrodysplasia Ossificans Progressiva Awareness Day, and Subdiv. (82) re Jewish American Heritage Month, effective upon the passage of a biennial budget for the biennium ending June 30, 2019; P.A. 18-60 amended Subsec. (a) to add Subdiv. (83) re Cable Technician Recognition Day, Subdiv. (84) re Military Spouses' Day, Subdiv. (85) re Sikh Genocide Remembrance Day, and Subdiv. (86) re Eating Disorders Awareness Week, effective June 1, 2018; P.A. 19-152 amended Subsec. (a) to change references from November 30th to November 1st in Subdiv. (85) and to add Subdiv. (87) re Cadet Nurse Corps Day, add Subdiv. (88) re Connecticut Older Horse Week, add Subdiv. (89) re Kidney Disease Awareness Week, add Subdiv. (90) re 22q11.2 Deletion Syndrome Day, add Subdiv. (91) re Diffuse Intrinsic Pontine Glioma Day, add Subdiv. (92) re Thirteenth Amendment Day, add Subdiv. (93) re Clubfoot Day, add Subdiv. (94) re Encephalitis Day, add Subdiv. (95) re U.S.S. Indianapolis CA-35 Day, add Subdiv. (96) re Advance Directive Awareness Day and add Subdiv. (97) re Moyamoya Awareness Day, effective July 9, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(96) to change “Advance Directive Awareness Day” to “Advance Directive Awareness Week” and make conforming changes, effective October 1, 2021, and amended Subsec. (a) to add Subdiv. (98) re Connecticut Race Amity Day, Subdiv. (99) re Brain Aneurysm Awareness Month, Subdiv. (100) re Xeroderma Pigmentosum Awareness Day, Subdiv. (101) re Kindness Week, Subdiv. (102) re Social Media Safety and Awareness Week and Subdiv. (103) re Peace Corps Month, effective June 23, 2021; P.A. 22-58 amended Subsec. (a) to add Subdiv. (104) re Maternal Mental Health Month and Subdiv. (105) re Maternal Mental Health Day, effective May 23, 2022; P.A. 22-81 amended Subsec. (a) to add Subdiv. (104), codified by the Revisors as Subdiv. (106), re Get Outside and Play for Children's Mental Health Day; P.A. 22-146 amended Subsec. (a) to add Subdiv. (104), codified by the Revisors as Subdiv. (107), re Health Equity Week; P.A. 23-2 amended Subsec. (a)(103) to add “of each year” and Subsec. (a)(104) and (105) to make technical changes, and further amended Subsec. (a) to add Subdiv. (108) re Bone Health and Osteoporosis Month, Subdiv. (109) re Tardive Dyskinesia Awareness Week, Subdiv. (110) re Ann Petry Day, Subdiv. (111) re Trinity College Day, Subdiv. (112) re Bosnian Genocide Remembrance Day, Subdiv. (113) re Free Enterprise Day, Subdiv. (114) re Constitution Day, Subdiv. (115) re PANS and PANDAS Awareness Day and Subdiv. (116) re Survivors of Homicide Victims Awareness Month, effective May 30, 2023; P.A. 23-22 amended Subsec. (a)(103) to add “of each year” and Subsec. (a)(104) and (105) to make technical changes; P.A. 23-137 amended Subsec. (a) by adding Subdiv. (108), codified by the Revisors as Subdiv. (117), re Intellectual and Developmental Disabilities Awareness and Advocacy Day, effective June 27, 2023; P.A. 23-195 amended Subsec. (a)(104) and (105) by making technical changes.

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PART IV

REGIONAL AGRICULTURAL SCIENCE AND TECHNOLOGY
EDUCATION CENTERS

Sec. 10-65. Grants for constructing and operating agricultural science and technology education centers. Tuition charges. (a) Each local or regional school district operating an agricultural science and technology education center approved by the State Board of Education for program, educational need, location and area to be served shall be eligible for the following grants: (1) In accordance with the provisions of chapter 173, through progress payments in accordance with the provisions of section 10-287i, (A) for projects for which an application was filed prior to July 1, 2011, ninety-five per cent, and (B) for projects for which an application was filed on or after July 1, 2011, eighty per cent of the net eligible costs of constructing, acquiring, renovating and equipping approved facilities to be used exclusively for such agricultural science and technology education center, for the expansion or improvement of existing facilities or for the replacement or improvement of equipment therein, and (2) subject to the provisions of section 10-65b, and within available appropriations, (A) for the fiscal year ending June 30, 2024, in an amount equal to five thousand two hundred dollars per student for every secondary school student who was enrolled in such center on October first of the previous year, and (B) for the fiscal year ending June 30, 2025, and each fiscal year thereafter, in an amount equal to at least five thousand two hundred dollars per student for every secondary school student who was enrolled in such center on October first of the previous year.

(b) Each local or regional board of education not maintaining an agricultural science and technology education center shall provide opportunities for its students to enroll in one or more such centers in a number that is at least equal to the number specified in any written agreement with each such center or centers, or in the absence of such an agreement, a number that is at least equal to the average number of its students that the board of education enrolled in each such center or centers during the previous three school years, provided, in addition to such number, each such board of education shall provide opportunities for its students to enroll in the ninth grade in a number that is at least equal to the number specified in any written agreement with each such center or centers, or in the absence of such an agreement, a number that is at least equal to the average number of students that the board of education enrolled in the ninth grade in each such center or centers during the previous three school years. If a local or regional board of education provided opportunities for students to enroll in more than one center for the school year commencing July 1, 2007, such board of education shall continue to provide such opportunities to students in accordance with this subsection. The board of education operating an agricultural science and technology education center may charge, subject to the provisions of section 10-65b, tuition for a school year in an amount not to exceed fifty-nine and two-tenths per cent of the foundation level pursuant to subdivision (9) of section 10-262f, per student for the fiscal year in which the tuition is paid, except that (1) such board may charge tuition for (A) students enrolled under shared-time arrangements on a pro rata basis, and (B) special education students which shall not exceed the actual costs of educating such students minus the amounts received pursuant to subdivision (2) of subsection (a) of this section and subsection (c) of this section, and (2) for the fiscal year ending June 30, 2025, and each fiscal year thereafter, such board may charge such tuition in an amount not to exceed fifty-eight per cent of the amount such board charged during the fiscal year ending June 30, 2024. Any tuition paid by such board for special education students in excess of the tuition paid for non-special-education students shall be reimbursed pursuant to section 10-76g.

(c) In addition to the grants described in subsection (a) of this section, within available appropriations, (1) each local or regional board of education operating an agricultural science and technology education center in which more than one hundred fifty of the students in the prior school year were out-of-district students shall be eligible to receive a grant (A) for the fiscal year ending June 30, 2024, in an amount equal to five hundred dollars for every secondary school student enrolled in such center on October first of the previous year, and (B) for the fiscal year ending June 30, 2025, and each fiscal year thereafter, in an amount equal to at least five hundred dollars for every secondary school student enrolled in such center on October first of the previous year, (2) on and after July 1, 2000, if a local or regional board of education operating an agricultural science and technology education center that received a grant pursuant to subdivision (1) of this subsection no longer qualifies for such a grant, such local or regional board of education shall receive a grant in an amount determined as follows: (A) For the first fiscal year such board of education does not qualify for a grant under said subdivision (1), a grant in the amount equal to four hundred dollars for every secondary school student enrolled in its agricultural science and technology education center on October first of the previous year, (B) for the second successive fiscal year such board of education does not so qualify, a grant in an amount equal to three hundred dollars for every such secondary school student enrolled in such center on said date, (C) for the third successive fiscal year such board of education does not so qualify, a grant in an amount equal to two hundred dollars for every such secondary school student enrolled in such center on said date, and (D) for the fourth successive fiscal year such board of education does not so qualify, a grant in an amount equal to one hundred dollars for every such secondary school student enrolled in such center on said date, and (3) each local and regional board of education operating an agricultural science and technology education center that does not receive a grant pursuant to subdivision (1) or (2) of this subsection shall receive a grant in an amount equal to sixty dollars for every secondary school student enrolled in such center on said date.

(d) (1) If there are any remaining funds after the amount of the grants described in subsections (a) and (c) of this section are calculated, within available appropriations, each local or regional board of education operating an agricultural science and technology education center shall be eligible to receive a grant in an amount equal to one hundred dollars for each student enrolled in such center on October first of the previous school year. (2) If there are any remaining funds after the amount of the grants described in subdivision (1) of this subsection are calculated, within available appropriations, each local or regional board of education operating an agricultural science and technology education center that had more than one hundred fifty out-of-district students enrolled in such center on October first of the previous school year shall be eligible to receive a grant based on the ratio of the number of out-of-district students in excess of one hundred fifty out-of-district students enrolled in such center on said date to the total number of out-of-district students in excess of one hundred fifty out-of-district students enrolled in all agricultural science and technology education centers that had in excess of one hundred fifty out-of-district students enrolled on said date.

(e) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, if a local or regional board of education receives an increase in funds pursuant to this section over the amount it received for the prior fiscal year such increase shall not be used to supplant local funding for educational purposes.

(1955, S. 921d; 1961, P.A. 40; 1967, P.A. 638, S. 2; P.A. 78-218, S. 48; P.A. 82-204, S. 1, 2; P.A. 83-106, S. 1, 2; P.A. 84-460, S. 1, 16; P.A. 85-463, S. 1, 2; P.A. 86-71, S. 5, 11; P.A. 89-355, S. 3, 20; June Sp. Sess. P.A. 91-7, S. 2, 22; P.A. 93-410, S. 2, 6; P.A. 95-226, S. 14, 30; P.A. 96-178, S. 8, 18; P.A. 97-247, S. 13, 27; P.A. 00-192, S. 82, 102; P.A. 01-173, S. 11, 67; May 9 Sp. Sess. P.A. 02-5, S. 5; P.A. 04-197, S. 1; June Sp. Sess. P.A. 07-3, S. 24; P.A. 08-152, S. 2; 08-170, S. 20; P.A. 09-45, S. 2, 3; P.A. 11-48, S. 203; 11-61, S. 86; P.A. 12-116, S. 64; June 12 Sp. Sess. P.A. 12-1, S. 236; P.A. 13-247, S. 170; P.A. 14-217, S. 118, 119; P.A. 15-215, S. 8; June Sp. Sess. P.A. 15-5, S. 253, 254; P.A. 18-81, S. 52; June Sp. Sess. P.A. 21-2, S. 418; P.A. 23-204, S. 344.)

History: 1961 act changed references from high school to secondary school; 1967 act amended Subdiv. (a) to delete limitation to centers to be built and equipped before June 30, 1967, to delete number of centers to total of 24 for entire state and to allow grants for expansion and improvement of existing facilities and for replacement or improvement of equipment; P.A. 78-218 substituted “local” for “town” boards of education; P.A. 82-204 permitted boards of education to charge actual cost of education for special education students and made special education tuition a reimbursable expense under state special education formula; P.A. 83-106 excluded from “total cost of operating” calculation transportation expenditures otherwise reimbursable and stipulated use of previous year's average daily membership count in car grant calculation; P.A. 84-460 amended Subsec. (a) to provide that projects to construct, acquire, renovate or equip vocational agriculture centers would be eligible for school construction grants; P.A. 85-463 added Subsec. (b) re grant eligibility of E.O. Smith School; P.A. 86-71 deleted the references to Sec. 10-266n which was repealed and added the reference to Sec. 10-97; P.A. 89-355 deleted Subsec. (b) re E.O. Smith School, restructured the section with a new Subsec. (b) designation and provided that tuition grants be phased out and not be paid for the fiscal years following the fiscal year ending June 30, 1990, and made technical changes; June Sp. Sess. 91-7 provided for a grant equal to $700 per student in Subsec. (a), eliminating grants for the total cost of operating a vocational agriculture center and amended Subsec. (b) to limit tuition to the average per pupil expenditures for all students enrolled in the vocational agriculture center minus $700 rather than the average per pupil expenditure for all secondary school pupils in the receiving district and eliminated grants to sending school districts; P.A. 93-410 amended Subsecs. (a) and (b) to add “subject to the provisions of section 10-65b” and further amended Subsec. (b) to change the method for computing the cap on tuition charges, effective July 1, 1993; P.A. 95-226 made technical changes in Subsecs. (a) and (b), amended Subsec. (b) to substitute 102% for 121% and in Subdiv. (2) to substitute references to amounts received pursuant to Subsecs. (a) and (c) for $700 and added Subsec. (c) concerning an additional grant, effective July 1, 1995; P.A. 96-178 added Subsec. (d) re additional grants, effective July 1, 1996; P.A. 97-247 amended Subsec. (a) to remove requirement that facilities and equipment for which a grant is received pursuant to chapter 173 be used “exclusively” for vocational agricultural purposes, effective July 1, 1997; P.A. 00-192 amended Subsec. (c) by adding new Subdiv. (2) re grants to local or regional boards operating vocational agriculture centers and designating existing Subdiv. (2) as Subdiv. (3), effective July 1, 2000; P.A. 01-173 amended Subsec. (d) to make technical changes, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-5 amended Subsec. (a)(1) to replace lump sum payments of the entire eligible cost with progress payments of 95% of the eligible cost, effective July 1, 2002; P.A. 04-197 amended Subsec. (b) by increasing maximum tuition from 102% to 120% of foundation level and by making a technical change, effective July 1, 2004; June Sp. Sess. P.A. 07-3 amended Subsec. (a) to increase per pupil grant from $700 to $1,355 and amended Subsec. (b) to require boards of education to provide students an opportunity to enroll in a vocational agricultural center in a number that at least equals the number in any written agreement or the average number enrolled over the previous three years and to change limit on tuition charges from 120% to 82.5% of the foundation level, effective July 1, 2007; P.A. 08-152 and 08-170 changed “vocational agriculture” to “agricultural science and technology education” throughout, amended Subsec. (b) to provide that students in ninth grade shall be permitted to enroll in centers in a number that is at least equal to the average number enrolled during previous 3 school years and that if district provided enrollment opportunities at more than one center commencing July 1, 2007, the district shall continue to provide such opportunities and made a technical change in Subsec. (c)(3), effective July 1, 2008; P.A. 09-45 made technical changes in Subsecs. (c) and (d), effective May 20, 2009; P.A. 11-48 added Subsec. (e) re allocation of $500,000 in fiscal years ending June 30, 2012, and June 30, 2013, effective July 1, 2011; P.A. 11-61 amended Subsec. (a)(1) by making existing provision re 95% of net eligible costs applicable for applications filed prior to July 1, 2011, and adding provision re 80% of net eligible costs for applications filed on or after July 1, 2011, effective July 1, 2011; P.A. 12-116 amended Subsec. (a)(2) by increasing grant amount from $1,355 to $1,750 per student and added Subsec. (f) re increase in funds not to be used to supplant local funding for educational purposes, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-1 added Subsec. (g) re funds that exceed amount appropriated for education or in approved budget to be available for use for fiscal year ending June 30, 2013, effective July 1, 2012; P.A. 13-247 amended Subsec. (a)(2) by increasing grant amount from $1,750 to $2,750 per student, amended Subsec. (b) by changing limit on tuition charges from 82.5 per cent to 62.47 per cent of foundation level, and amended Subsec. (g) by replacing “2013” with “2014”, effective July 1, 2013; P.A. 14-217 amended Subsec. (a)(2) by increasing grant amount from $2,750 to $3,200 per student, amended Subsec. (b) by changing limit on tuition charges from 62.47 per cent to 59.2 per cent of foundation level, and amended Subsec. (g) by replacing “2014” with “2015”, effective July 1, 2014; P.A. 15-215 amended Subsec. (a)(1)(B) by adding “exclusively” re use of approved facilities, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (a)(2) by adding “and within available appropriations”, and amended Subsec. (g) by making provisions applicable to fiscal years ending June 30, 2016, and June 30, 2017, and making a conforming change, effective July 1, 2015; P.A. 18-81 amended Subsec. (a)(2) by increasing per student amount of grants for certain secondary school students enrolled in agricultural science and technology centers, effective July 1, 2018; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(2) by increasing per student amount of grants for certain secondary school students enrolled in agricultural science and technology centers from $4,200 to $5,200, effective July 1, 2021; P.A. 23-204 amended Subsec. (a)(2) by designating existing provision re per student grant amount of $5,200 for certain secondary school students enrolled in agricultural science and technology centers as Subpara. (A) and amending same by making provision applicable to fiscal year ending June 30, 2024, and adding Subpara. (B) re per student grant amount of at least $5,200 for certain secondary school students enrolled in agricultural science and technology centers for fiscal year ending June 30, 2025, and each fiscal year thereafter, amended Subsec. (b) by designating existing provision re boards charging tuition as new Subdiv. (1) and amending same by redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B) and adding new Subdiv. (2) re board may not charge tuition that exceeds 58 per cent of the per student tuition charged during fiscal year 2024 for fiscal year 2025 and each fiscal year thereafter, amended Subsec. (c)(1) by designating existing provision re grant in amount of $500 as Subpara. (A) and amending same to make applicable to fiscal year ending June 30, 2024, and adding Subpara. (B) re grant in amount of at least $500 for fiscal year ending June 30, 2025, and each fiscal year thereafter, deleted former Subsec. (e) re allocation of $500,000 in fiscal years ending June 30, 2012, and June 30, 2013, redesignated existing Subsec. (f) as new Subsec. (e) and deleted former Subsec. (g) re funds that exceed amount appropriated for education or in approved budget to be available for use for fiscal years ending June 30, 2015, to June 30, 2017, effective July 1, 2023.

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PART IVa

REGIONAL EDUCATIONAL SERVICE CENTERS

Sec. 10-66j. Regulations. Annual grants, proportional reduction. Support of regional efforts to recruit and retain minority educators. (a) The State Board of Education shall encourage the formation of a state-wide system of regional educational service centers and shall adopt regulations with respect to standards for review and approval of regional education service centers in accordance with sections 10-66a and 10-66h.

(b) Each regional educational service center shall receive an annual grant equal to the sum of the following:

(1) An amount equal to fifty per cent of the total amount appropriated for purposes of this section divided by six;

(2) An amount equal to twenty-five per cent of such appropriation multiplied by the ratio of the number of its member boards of education to the total number of member boards of education state-wide; and

(3) An amount equal to twenty-five per cent of such appropriation multiplied by the ratio of the sum of state aid pursuant to section 10-262h for all of its member boards of education to the total amount of state aid pursuant to section 10-262h state-wide.

(c) Within the available appropriation, no regional educational service center shall receive less aid pursuant to subsection (b) of this section than it received for the fiscal year ending June 30, 1999. Amounts determined for regional educational service centers pursuant to subsection (b) of this section in excess of the amounts received for the fiscal year ending June 30, 1999, shall be reduced proportionately to implement such provision if necessary.

(d) Each regional educational service center shall support regional efforts to recruit and retain minority educators.

(e) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2004, to June 30, 2019, inclusive, and for the fiscal years ending June 30, 2022, to June 30, 2025, inclusive, the amount of grants payable to regional educational service centers shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.

(1972, P.A. 117, S. 10; P.A. 78-295, S. 7, 9; P.A. 83-554, S. 1, 2; P.A. 84-475, S. 1, 3; P.A. 85-377, S. 1, 13; 85-520, S. 1, 3; P.A. 86-301, S. 1, 2; P.A. 87-327, S. 1, 2; P.A. 88-358, S. 6, 9; P.A. 89-124, S. 1, 13; June Sp. Sess. P.A. 91-7, S. 3, 22; P.A. 95-226, S. 8, 30; P.A. 96-244, S. 8, 63; P.A. 00-187, S. 68, 75; June Sp. Sess. P.A. 01-1, S. 31, 54; June 30 Sp. Sess. P.A. 03-6, S. 12; P.A. 04-26, S. 2; P.A. 05-245, S. 44; June Sp. Sess. P.A. 07-3, S. 8; Sept. Sp. Sess. P.A. 09-6, S. 44; P.A. 11-48, S. 178; 11-179, S. 2; P.A. 13-247, S. 160; June Sp. Sess. P.A. 15-5, S. 248; June Sp. Sess. P.A. 17-2, S. 577; June Sp. Sess. P.A. 21-2, S. 371; P.A. 23-204, S. 315.)

History: P.A. 78-295 made reference to state-wide system, required state board to adopt resolutions for review and approval of centers and added Subsecs. (b) and (c) re appropriations and disbursement of surplus appropriations; P.A. 83-554 amended Subsec. (b) allowing, for the fiscal year ending June 30, 1984, for a grant payment of $56,000 and amended Subsec. (c) directing that any funds appropriated in excess of $325,000 be expended in implementing educational goals and objectives identified by the state board of education; P.A. 84-475 added new Subsec. (d) re competitive state grants to encourage innovative or exemplary programs; P.A. 85-377 substituted commissioner of education for state board in Subsec. (d); P.A. 85-520 increased amount of annual grant from $50,000 to $70,000 and eliminated former Subsec. (d) re competitive grants for innovative or exemplary programs; P.A. 86-301 amended Subsec. (b) to increase grant amount from $70,000 to $75,000; P.A. 87-327 amended Subsec. (b) to increase grant amount from to $85,000; P.A. 88-358 added new Subsec. (d) re listing of grants to regional educational service centers; P.A. 89-124 amended Subsec. (c) to substitute state aid pursuant to Sec. 10-262h for proportionate shares as determined in accordance with Sec. 10-262c which was repealed by Sec. 8 of public act 88-358 and made technical changes; June Sp. Sess. 91-7 amended Subsec. (d) to change the amount of the grants; P.A. 95-226 amended Subsec. (d) to authorize grant to RESCUE, effective July 1, 1995; P.A. 96-244 substituted “EDUCATION CONNECTION” for “RESCUE” in Subsec. (d), effective July 1, 1996; P.A. 00-187 replaced former Subsecs. (b), (c) and (d) that specified amounts for grants to each center with the formula in new Subsec. (b), added new Subsec. (c) re requirement for the expenditure of specified percentage of the amount received, and added new Subsec. (d) to provide that within available appropriations no center receive less aid under the formula than it received for the fiscal year ending June 30, 1999, and to provide a method for proportionately reducing grants if necessary, effective July 1, 2000; June Sp. Sess. P.A. 01-1 added Subsec. (e) re support of minority educator recruitment and data collection and analysis, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 added new Subsec., designated Subsec. (f) by the Revisors, re proportional reduction of grants for fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003; P.A. 04-26 made a technical change in Subsec. (f), effective April 28, 2004; P.A. 05-245 amended Subsec. (f) by extending the proportional reduction of grants through the fiscal year ending June 30, 2007, effective July 1, 2005; June Sp. Sess. P.A. 07-3 amended Subsec. (f) to extend proportional reduction of grants through the fiscal year ending June 30, 2009, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (f) to extend proportional reduction of grants through fiscal year ending June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (f) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 11-179 deleted former Subsec. (c) re requirement for expenditure of specified percentage of amount received, redesignated existing Subsecs. (d) to (f) as Subsecs. (c) to (e) and amended redesignated Subsec. (d) by deleting provision re data collection and analysis on efforts to reduce racial, ethnic and economic isolation, effective July 13, 2011; P.A. 13-247 amended Subsec. (e) to extend proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; June Sp. Sess. P.A. 15-5 amended Subsec. (e) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (e) to replace “June 30, 2017” with “June 30, 2019”, effective October 31, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (e) to extend proportional reduction of grants through fiscal years ending June 30, 2022, and June 30, 2023, effective July 1, 2021; P.A. 23-204 amended Subsec. (e) to extend proportional reduction of grants through fiscal year ending June 30, 2025, effective July 1, 2023.

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Sec. 10-66t. Survey re English language learner services and bilingual education programs. Section 10-66t is repealed, effective June 28, 2023.

(June Sp. Sess. P.A. 15-5, S. 297; P.A. 23-150, S. 36.)

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PART IVb

CHARTER SCHOOLS

Sec. 10-66bb. Application process and requirements. Initial certificate of approval for charter. Charter renewal. Probation. Revocation. Enrollment lottery; exceptions. (a)(1) On and after July 1, 1997, and prior to July 1, 2015, the State Board of Education may grant charters for local and state charter schools in accordance with this section. On and after July 1, 2015, such state board may grant initial certificates of approval for charters for local and state charter schools in accordance with this section. Upon granting an initial certificate of approval for a charter, such state board shall submit a copy of the initial certificate of approval for the charter and a summary of the comments made at a public hearing conducted pursuant to subdivision (2) of subsection (e) of this section or subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies.

(2) The General Assembly may appropriate funds to the Department of Education for the purposes of providing grants to local and state charter schools, pursuant to section 10-66ee. If such funds are appropriated, an initial certificate of approval for a charter for a local or state charter school shall be effective and deemed a charter as of July first of the first fiscal year for which such funds are appropriated.

(3) A charter or initial certificate of approval for a charter granted under this section shall not be considered a license, as defined in section 4-166, for the purposes of chapter 54.

(b) Any not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, public or independent institution of higher education, local or regional board of education or two or more boards of education cooperatively, or regional educational service center may apply to the Commissioner of Education, at such time and in such manner as the commissioner prescribes, to obtain an initial certificate of approval for a charter, provided no nonpublic elementary or secondary school may be established as a charter school and no parent or group of parents providing home instruction may establish a charter school for such instruction.

(c) On and after July 1, 2015, the State Board of Education shall review, annually, all applications and grant initial certificates of approval for charters, in accordance with subsections (e) and (f) of this section, for a local or state charter school located in a town that has one or more schools that have been designated as a commissioner's network school, pursuant to section 10-223h, at the time of such application, or a town that has been designated as a low achieving school district, pursuant to section 10-223e, at the time of such application. (1) Except as provided for in subdivision (2) of this subsection, no state charter school shall enroll (A) (i) more than two hundred fifty students, or (ii) in the case of a kindergarten to grade eight, inclusive, school, more than three hundred students, or (B) twenty-five per cent of the enrollment of the school district in which the state charter school is to be located, whichever is less. (2) In the case of a state charter school found by the State Board of Education to have a demonstrated record of achievement, said board shall, upon application by such school to said board, waive the provisions of subdivision (1) of this subsection for such school. (3) The State Board of Education shall give preference to applicants for charter schools (A) whose primary purpose is the establishment of education programs designed to serve one or more of the following student populations: (i) Students with a history of low academic performance, (ii) students who receive free or reduced priced lunches pursuant to federal law and regulations, (iii) students with a history of behavioral and social difficulties, (iv) students identified as requiring special education, (v) students who are multilingual learners, or (vi) students of a single gender; (B) whose primary purpose is to improve the academic performance of an existing school that has consistently demonstrated substandard academic performance, as determined by the Commissioner of Education; (C) that will serve students who reside in a priority school district pursuant to section 10-266p; (D) that will serve students who reside in a district in which seventy-five per cent or more of the enrolled students are members of racial or ethnic minorities; (E) that demonstrate highly credible and specific strategies to attract, enroll and retain students from among the populations described in subparagraph (A)(i) to (A)(vi), inclusive, of this subdivision; or (F) that, in the case of an applicant for a state charter school, such state charter school will be located at a work-site or such applicant is an institution of higher education. In determining whether to grant an initial certificate of approval for a charter, the State Board of Education shall consider (i) the effect of the proposed charter school on (I) the reduction of racial, ethnic and economic isolation in the region in which it is to be located, (II) the regional distribution of charter schools in the state, (III) the potential of over-concentration of charter schools within a school district or in contiguous school districts, and (IV) the state's efforts to close achievement gaps, as defined in section 10-16oo, and (ii) the comments made at a public hearing conducted pursuant to subdivision (2) of subsection (e) of this section or subparagraph (B)(ii) of subdivision (1) of subsection (f) of this section.

(d) Applications pursuant to this section shall include a description of: (1) The mission, purpose and any specialized focus of the proposed charter school; (2) the interest in the community for the establishment of the charter school; (3) the school governance and procedures for the establishment of a governing council that (A) includes (i) teachers and parents and guardians of students enrolled in the school, and (ii) the chairperson of the local or regional board of education of the town in which the charter school is located and which has jurisdiction over a school that resembles the approximate grade configuration of the charter school, or the designee of such chairperson, provided such designee is a member of the board of education or the superintendent of schools for the school district, or the superintendent's designee, and (B) is responsible for the oversight of charter school operations, provided no member or employee of the governing council may have a personal or financial interest in the assets, real or personal, of the school; (4) the financial plan for operation of the school, provided no application fees or other fees for attendance, except as provided in this section, may be charged; (5) the educational program, instructional methodology and services to be offered to students; (6) the number and qualifications of teachers and administrators to be employed in the school; (7) the organization of the school in terms of the ages or grades to be taught and the total estimated enrollment of the school; (8) the student admission criteria and procedures to (A) ensure effective public information, (B) ensure open access on a space available basis, including the enrollment of students during the school year if spaces become available in the charter school, (C) promote a diverse student body, and (D) ensure that the school complies with the provisions of section 10-15c and that it does not discriminate on the basis of disability, athletic performance or proficiency in the English language, provided the school may limit enrollment to a particular grade level or specialized educational focus and, if there is not space available for all students seeking enrollment, the school may give preference to siblings but shall otherwise determine enrollment by a lottery, except the State Board of Education may waive the requirements for such enrollment lottery pursuant to subsection (j) of this section; (9) a means to assess student performance that includes participation in mastery examinations, pursuant to section 10-14n; (10) procedures for teacher evaluation and professional development for teachers and administrators; (11) the provision of school facilities, pupil transportation and student health and welfare services; (12) procedures to encourage involvement by parents and guardians of enrolled students in student learning, school activities and school decision-making; (13) procedures to document efforts to increase the racial and ethnic diversity of staff; (14) a five-year plan to sustain the maintenance and operation of the school; (15) a student recruitment and retention plan that shall include, but not be limited to, a clear description of a plan and the capacity of the school to attract, enroll and retain students from among the populations described in subparagraph (A)(i) to (A)(v), inclusive, of subdivision (3) of subsection (c) of this section; (16) a plan to share student learning practices and experiences with the local or regional board of education of the town in which the proposed charter school is to be located; and (17) in the case of an application in which the governing council of the proposed charter school intends to contract with a charter management organization for whole school management services: (A) Evidence of the charter management organization's ability to (i) serve student populations that are similar to the student population that will be served by the proposed charter school, (ii) create strong academic outcomes for students, and (iii) successfully manage nonacademic school functions, (B) a term sheet that sets forth (i) the length of the contract for whole school management services, (ii) the roles and responsibilities of the governing council of the proposed charter school, the staff of the proposed charter school and the charter management organization, (iii) the scope of services and resources to be provided by the charter management organization, (iv) the performance evaluation measures and timelines, (v) the compensation structure, including a clear identification of all fees to be paid to the charter management organization, (vi) the methods of contract oversight and enforcement, and (vii) the conditions for renewal and termination of the contract, and (C) evidence of compliance with the provisions of section 10-66tt. Subject to the provisions of subsection (b) of section 10-66dd, an application may include, or a charter school may file, requests to waive provisions of the general statutes and regulations not required under sections 10-66aa to 10-66nn, inclusive, and which are within the jurisdiction of the State Board of Education.

(e) An application for the establishment of a local charter school shall be submitted to the local or regional board of education of the school district in which the local charter school is to be located for approval pursuant to this subsection. The local or regional board of education shall: (1) Review the application; (2) hold a public hearing in the school district on such application; (3) survey teachers and parents in the school district to determine if there is sufficient interest in the establishment and operation of the local charter school; and (4) vote on a complete application not later than seventy-five days after the date of receipt of such application. Such board of education may approve the application by a majority vote of the members of the board present and voting at a regular or special meeting of the board called for such purpose. If the application is approved, the board shall forward the application to the State Board of Education. The State Board of Education shall vote on the application not later than sixty days after the date of receipt of such application. Subject to the provisions of subsection (c) of this section, the State Board of Education may approve the application and grant the initial certificate of approval for the charter for the local charter school or reject such application by a majority vote of the members of the state board present and voting at a regular or special meeting of the state board called for such purpose. The State Board of Education may condition granting the initial certificate of approval for the charter for the local charter school on the applicant meeting certain conditions determined by the Commissioner of Education to be necessary and may authorize the commissioner to release the initial certificate of approval for the charter when the commissioner determines such conditions are met. After an initial certificate of approval for a charter for a local charter school is deemed a charter pursuant to subdivision (2) of subsection (a) of this section, such charter may be valid for a period of time of up to five years. The state board may allow the applicant to delay its opening for a period of up to one school year in order for the applicant to fully prepare to provide appropriate instructional services. On and after July 1, 2015, any initial certificate of approval for a charter granted by the state board to a local charter school shall include academic and organizational performance goals, developed by the state board, that set forth the performance indicators, measures and metrics that will be used by the state board to evaluate the local charter school.

(f) (1) Except as otherwise provided in subdivision (2) of this subsection, an application for the establishment of a state charter school shall be (A) submitted to the State Board of Education for approval in accordance with the provisions of this subsection, and (B) filed with the local or regional board of education in the school district in which the charter school is to be located. The state board shall: (i) Review such application; (ii) hold a public hearing on such application in the school district in which such state charter school is to be located; (iii) solicit and review comments on the application from the local or regional board of education for the school district in which such charter school is to be located and from the local or regional boards of education for school districts that are contiguous to the district in which such school is to be located; and (iv) vote on a complete application not later than ninety days after the date of receipt of such application. The State Board of Education may approve an application and grant the initial certificate of approval for the charter for the state charter school by a majority vote of the members of the state board present and voting at a regular or special meeting of the state board called for such purpose. The State Board of Education may condition granting the initial certificate of approval for the charter for the state charter school on the applicant meeting certain conditions determined by the Commissioner of Education to be necessary and may authorize the commissioner to release the initial certificate of approval for the charter when the commissioner determines such conditions are met. After an initial certificate of approval for a charter for a state charter school is deemed a charter pursuant to subdivision (2) of subsection (a) of this section, such charter may be valid for a period of time of up to five years. The state board may allow the applicant to delay its opening for a period of up to one school year in order for the applicant to fully prepare to provide appropriate instructional services. On and after July 1, 2015, any initial certificate of approval for a charter granted by the state board to a state charter school shall include academic and organizational performance goals, developed by the state board, that set forth the performance indicators, measures and metrics that will be used by the state board to evaluate the state charter school.

(2) On and after July 1, 2012, and before July 1, 2015, the State Board of Education shall not approve more than four applications for the establishment of new state charter schools unless two of the four such applications are for the establishment of two new state charter schools whose mission, purpose and specialized focus is to provide dual language programs or other models focusing on language acquisition for multilanguage learners. Approval of applications under this subdivision shall be in accordance with the provisions of this section.

(g) Charters may be renewed, upon application, in accordance with the provisions of this section for the granting of such charters. Upon application for such renewal, the State Board of Education may commission an independent appraisal of the performance of the charter school that includes, but is not limited to, an evaluation of the school's compliance with the provisions of this section and, on and after July 1, 2015, progress in meeting the academic and organizational performance goals set forth in the charter granted to the charter school. The State Board of Education shall consider the results of any such appraisal in determining whether to renew such charter. The State Board of Education may deny an application for the renewal of a charter if (1) student progress has not been sufficiently demonstrated, as determined by the commissioner, (2) the governing council has not been sufficiently responsible for the operation of the school or has misused or spent public funds in a manner that is detrimental to the educational interests of the students attending the charter school, (3) the school has not been in compliance with the terms of the charter, applicable laws and regulations, (4) the efforts of the school have been insufficient to effectively attract, enroll and retain students from among the following populations: (A) Students with a history of low academic performance, (B) students who receive free or reduced priced lunches pursuant to federal law and regulations, (C) students with a history of behavioral and social difficulties, (D) students identified as requiring special education, or (E) students who are multilingual learners, or (5) the governing council of the state or local charter school has not provided evidence that such council has initiated substantive communication with the local or regional board of education of the town in which the state or local charter school is located to share student learning practices and experiences. If the State Board of Education does not renew a charter, it shall notify the governing council of the charter school of the reasons for such nonrenewal. On and after July 1, 2015, any charter renewed by the State Board of Education shall include academic and organizational performance goals, developed by the state board, that set forth the performance indicators, measures and metrics that will be used by the state board to evaluate the charter school.

(h) The Commissioner of Education may at any time place a charter school on probation if (1) the school has failed to (A) adequately demonstrate student progress, as determined by the commissioner, (B) comply with the terms of its charter or with applicable laws and regulations, (C) achieve measurable progress in reducing racial, ethnic and economic isolation, or (D) maintain its nonsectarian status, or (2) the governing council has demonstrated an inability to provide effective leadership to oversee the operation of the charter school or has not ensured that public funds are expended prudently or in a manner required by law. If a charter school is placed on probation, the commissioner shall provide written notice to the charter school of the reasons for such placement, not later than five days after the placement, and shall require the charter school to file with the Department of Education a corrective action plan acceptable to the commissioner not later than thirty-five days from the date of such placement. The charter school shall implement a corrective action plan accepted by the commissioner not later than thirty days after the date of such acceptance. The commissioner may impose any additional terms of probation on the school that the commissioner deems necessary to protect the educational or financial interests of the state. The charter school shall comply with any such additional terms not later than thirty days after the date of their imposition. The commissioner shall determine the length of time of the probationary period, which may be up to one year, provided the commissioner may extend such period, for up to one additional year, if the commissioner deems it necessary. In the event that the charter school does not file or implement the corrective action plan within the required time period or does not comply with any additional terms within the required time period, the Commissioner of Education may withhold grant funds from the school until the plan is fully implemented or the school complies with the terms of probation, provided the commissioner may extend the time period for such implementation and compliance for good cause shown. Whenever a charter school is placed on probation, the commissioner shall notify the parents or guardians of students attending the school of the probationary status of the school and the reasons for such status. During the term of probation, the commissioner may require the school to file interim reports concerning any matter the commissioner deems relevant to the probationary status of the school, including financial reports or statements. No charter school on probation may increase its student enrollment or engage in the recruitment of new students without the consent of the commissioner.

(i) The State Board of Education may revoke a charter if a charter school has failed to: (1) Comply with the terms of probation, including the failure to file or implement a corrective action plan; (2) demonstrate satisfactory student progress, as determined by the commissioner; (3) comply with the terms of its charter or applicable laws and regulations; or (4) manage its public funds in a prudent or legal manner. Unless an emergency exists, prior to revoking a charter, the State Board of Education shall provide the governing council of the charter school with a written notice of the reasons for the revocation, including the identification of specific incidents of noncompliance with the law, regulation or charter or other matters warranting revocation of the charter. The State Board of Education shall also provide the governing council with the opportunity to demonstrate compliance with all requirements for the retention of its charter by providing the State Board of Education or a subcommittee of the board, as determined by the State Board of Education, with a written or oral presentation. Such presentation shall include an opportunity for the governing council to present documentary and testimonial evidence to refute the facts cited by the State Board of Education for the proposed revocation or in justification of its activities. Such opportunity shall not constitute a contested case within the meaning of chapter 54. The State Board of Education shall determine, not later than thirty days after the date of an oral presentation or receipt of a written presentation, whether and when the charter shall be revoked and notify the governing council of the decision and the reasons therefor. A decision to revoke a charter shall not constitute a final decision for purposes of chapter 54. In the event an emergency exists in which the commissioner finds that there is imminent harm to the students attending a charter school, the State Board of Education may immediately revoke the charter of the school, provided the notice concerning the reasons for the revocation is sent to the governing council not later than ten days after the date of revocation and the governing council is provided an opportunity to make a presentation to the board not later than twenty days from the date of such notice.

(j) (1) The governing council of a state or local charter school may apply to the State Board of Education for a waiver of the requirements of the enrollment lottery described in subdivision (8) of subsection (d) of this section, provided such state or local charter school has as its primary purpose the establishment of education programs designed to serve one or more of the following populations: (A) Students with a history of behavioral and social difficulties, (B) students identified as requiring special education, (C) students who are multilingual learners, or (D) students of a single gender.

(2) An enrollment lottery described in subdivision (8) of subsection (d) of this section shall not be held for a local charter school that is established at a school that is among the schools with a percentage equal to or less than five per cent when all schools are ranked highest to lowest in accountability index scores, as defined in section 10-223e.

(3) Except as otherwise provided in subdivision (1) of this subsection, on and after July 1, 2023, no application for enrollment in a state or local charter school shall inquire or request information about an applicant student's need for or receipt of special education and related services, and the criteria for administering an enrollment lottery for a state or local charter school shall not include consideration of a student's need for or status as requiring special education and related services.

(P.A. 96-214, S. 2; P.A. 97-290, S. 7, 29; P.A. 98-252, S. 6, 80; P.A. 99-289, S. 5, 11; P.A. 00-220, S. 5, 43; P.A. 03-76, S. 7; P.A. 06-55, S. 1; June Sp. Sess. P.A. 07-3, S. 12; P.A. 10-111, S. 12; P.A. 11-28, S. 3; 11-179, S. 11; P.A. 12-116, S. 32; P.A. 13-31, S. 6; 13-207, S. 15; P.A. 15-239, S. 2; June Sp. Sess. P.A. 15-5, S. 330; P.A. 23-150, S. 14, 25–27.)

History: P.A. 97-290 amended Subsec. (c) to change the limit on the number of charter schools from 12 local and 12 state to 24 charter schools generally, to remove a limit on the total student population of all state charter schools, to remove restrictions on the number of charter schools that operate in Congressional districts and in a school district at any one time and to substitute requirement for consideration of regional distribution of charter schools in the state and the over concentration of charter schools within a school district in determining whether to grant a charter, to add preferences for a district in which 75% or more of the enrolled students are members of racial or ethnic minorities and for state charter schools located at a work-site and to require consideration of the effect of the proposed charter school on the reduction of racial, ethnic and economic isolation in the region in which it is to be located in determining whether to grant a charter, and amended Subsec. (d) to add requirement to document efforts to increase racial and ethnic diversity as new Subdiv. (13) and redesignate existing Subdiv. (13) as Subdiv. (14), and made technical changes, effective July 1, 1997; P.A. 98-252 amended Subsec. (d)(8)(D) to make a technical change, effective July 1, 1998; P.A. 99-289 amended Subsec. (c) to limit the restriction for state charter schools to “on and after July 1, 1999” and to add restriction pertaining to kindergarten to grade eight school, amended Subsec. (d) to specify that the governing council be responsible for oversight of charter school operations and that no member or employee have a personal or financial interest in the assets of the school, amended Subsecs. (e) and (f) to allow the State Board of Education to condition the opening of the school, to authorize the state board to allow the applicant to delay the opening and to make technical changes, amended Subsec. (g) to add the provisions relating to the independent appraisal and the reasons for denial of application for renewal, amended Subsec. (h) to expand the reasons for placing a school on probation, specify the notice requirements in such cases, add provisions relating to corrective action plans, additional terms and interim reports and added Subsec. (i) re revocation, effective July 1, 1999; P.A. 00-220 amended Subsec. (i) to make a technical change, effective July 1, 2000; P.A. 03-76 made a technical change in Subsec. (h), effective June 3, 2003; P.A. 06-55 amended Subsec. (c) by deleting provision re maximum charters for period from July 1, 1997, to June 30, 1999, adding provision re annual review of applications and grant of charters in accordance with Subsec. (f), designating existing provisions re maximum enrollments as Subdiv. (1), making conforming and technical changes therein, and adding Subdiv. (2) re increased enrollments, effective May 8, 2006; June Sp. Sess. P.A. 07-3 amended Subsec. (d) to make technical changes, to designate existing language in Subdiv. (3)(A) as clause (i) and to add clause (ii) re member of governing council from local or regional board of education, effective July 1, 2007; P.A. 10-111 amended Subsec. (a) by deleting “within available appropriations” and amended Subsec. (c) by replacing “such school” with “said board”, replacing “may” with “shall”, adding “by such school”, deleting “and approval by” and replacing “enroll up to eighty-five students per grade, if within available appropriations” with “waive the provisions of subdivision (1) of this subsection for such school”, effective May 26, 2010; P.A. 11-28 amended Subsec. (d)(13) by adding “procedures to”, effective June 3, 2011; P.A. 11-179 amended Subsec. (f) by increasing number of days State Board of Education has to vote on a complete application from 75 to 90, effective July 13, 2011; P.A. 12-116 amended Subsec. (c) by adding “On and after July 1, 2012”, adding provision re State Board of Education to grant charters to charter schools located in town with one or more commissioner's network schools or town designated as a low achieving school district, and designating existing provisions re preferences as Subdiv. (3) and adding therein new Subparas. (A), (B), (E) and (F) and designating existing language therein as Subparas. (C) and (D), amended Subsec. (d) by adding provision re enrollment of students during the school year if spaces become available and adding provision re waiver of enrollment lottery requirements in Subdiv. (8) and adding Subdiv. (15) re student recruitment and retention plan, amended Subsec. (f) by designating existing provisions as Subdiv. (1) and adding new Subdiv. (2) re approval of 2 of the next 4 charter schools for dual language programs and English language learners, amended Subsec. (g) by adding Subdiv. (4) re denial of renewal application if efforts of school to attract certain student populations has been insufficient, added Subsec. (j) re waiver of enrollment lottery requirements, and made conforming and technical changes, effective July 1, 2012; P.A. 13-31 amended Subsec. (j)(1) by adding reference to Subsec. (d)(8), effective July 1, 2013; P.A. 13-207 amended Subsec. (d)(9) by replacing “state-wide mastery examinations” with “mastery examinations” and replacing “chapter 163c” with “section 10-14n”, effective July 1, 2013; P.A. 15-239 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding “and prior to July 1, 2015,” and provisions re initial certificates of approval for charters for local and state charter schools, adding Subdiv. (2) re effective date of a charter and adding Subdiv. (3) re charter and initial certificate of approval for a charter not to be considered a license, amended Subsec. (b) by replacing “person, association, corporation, organization or other entity” with “not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time”, and making conforming changes, amended Subsec. (c) by replacing “July 1, 2012” with “July 1, 2015”, adding provisions re State Board of Education to grant initial certificates of approval for charters, designating existing provisions re determinations whether to grant an initial certificate of approval for a charter as clause (i), designating therein subclauses (I), (II) and (III), adding subclause (IV) re efforts to close achievement gaps and adding clause (ii) re comments made at public hearing, amended Subsec. (d) by adding “or the superintendent's designee”, adding Subdiv. (16) re plan to share student learning practices and experiences and Subdiv. (17) re charter management organization, and replacing “10-66ff” with “10-66nn”, amended Subsec. (e) by increasing number of days the local or regional board of education has to vote on an application from 60 to 75, decreasing number of days the State Board of Education has to vote on an application from 75 to 60 and adding provisions re granting an initial certificate of approval for a charter for a local charter school and re academic and organizational performance goals, amended Subsec. (f) by adding provisions re granting an initial certificate of approval for a charter for a state charter school and re academic and organizational performance goals in Subdiv. (1), and replacing “July 1, 2017” with “July 1, 2015” in Subdiv. (2), amended Subsec. (g) by including progress in meeting academic and organizational performance goals in the renewal application, adding Subdiv. (5) re denial of renewal application if evidence that school initiated substantive communication re student learning practices and experiences has not been provided, and adding provision re renewed charters to include academic and organization performance goals, and made conforming and technical changes, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (j)(2) by replacing “school performance” with “accountability” re index scores, effective July 1, 2015; P.A. 23-150 amended Subsecs. (c)(3)(A), (f)(2), (g)(4)(E) and (j)(1)(C) by replacing “English language” with “multilingual” and further amended Subsec. (j) by adding Subdiv. (3) re prohibition against inquiring or requesting information about applicant's need for or receipt of special education, effective July 1, 2023.

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Sec. 10-66dd. School professionals and persons holding charter school educator permits employed in charter schools. Charter schools subject to laws governing public schools; exceptions; waivers. Participation in the state teacher retirement system. (a) For purposes of this section, “school professional” means any school teacher, administrator or other personnel certified by the State Board of Education pursuant to section 10-145b.

(b) (1) Subject to the provisions of this subsection and except as may be waived pursuant to subsection (d) of section 10-66bb, charter schools shall be subject to all federal and state laws governing public schools, including the provisions of sections 10-4a and 10-4b.

(2) Subject to the provisions of subdivision (5) of this subsection, at least one-half of the persons providing instruction or pupil services in a charter school shall possess the proper certificate other than (A) a certificate issued pursuant to subdivision (1) of subsection (c) of section 10-145b, or (B) a temporary certificate issued pursuant to subsection (c) of section 10-145f on the day the school begins operation and the remaining persons shall possess a certificate issued pursuant to said subdivision (1) or such temporary certificate on such day.

(3) The commissioner may not waive the provisions of chapters 163c and 169 and sections 10-15c, 10-153a to 10-153g, inclusive, 10-153i, 10-153j, 10-153m and 10-292.

(4) The state charter school governing council shall act as a board of education for purposes of collective bargaining. The school professionals and persons holding a charter school educator permit, issued by the State Board of Education pursuant to section 10-145q, employed by a local charter school shall be members of the appropriate bargaining unit for the local or regional school district in which the local charter school is located and shall be subject to the same collective bargaining agreement as the school professionals employed by such district. A majority of those employed or to be employed in the local charter school and a majority of the members of the governing council of the local charter school may modify, in writing, such collective bargaining agreement, consistent with the terms and conditions of the approved charter, for purposes of employment in the charter school.

(5) For the school year commencing July 1, 2011, and each school year thereafter, the Commissioner of Education may waive the requirements of subdivision (2) of this subsection for any administrator or person providing instruction or pupil services employed by a charter school who holds a charter school educator permit, issued pursuant to section 10-145q, provided not more than thirty per cent of the total number of administrators and persons providing instruction or pupil services employed by a charter school hold the charter school educator permit for the school year.

(6) For the school year commencing July 1, 2011, and each school year thereafter, any administrator holding a charter school educator permit, issued pursuant to section 10-145q, shall be authorized to supervise and conduct performance evaluations of any person providing instruction or pupil services in the charter school that such administrator is employed.

(c) School professionals employed by a local or regional board of education shall be entitled to a two-year leave of absence, without compensation, in order to be employed in a charter school provided such leave shall be extended upon request for an additional two years. At any time during or upon the completion of such a leave of absence, a school professional may return to work in the school district in the position in which he was previously employed or a comparable position. Such leave of absence shall not be deemed to be an interruption of service for purposes of seniority and teachers' retirement, except that time may not be accrued for purposes of attaining tenure. A school professional who is not on such a leave of absence and is employed for forty school months of full-time continuous employment by the charter school and is subsequently employed by a local or regional board of education shall attain tenure after the completion of twenty school months of full-time continuous employment by such board of education in accordance with section 10-151.

(d) (1) An otherwise qualified school professional hired by a charter school prior to July 1, 2010, and employed in a charter school may participate in the state teachers' retirement system under chapter 167a on the same basis as if such professional were employed by a local or regional board of education. The governing council of a charter school shall make the contributions, as defined in section 10-183b, for such professional.

(2) An otherwise qualified school professional hired by a charter school on or after July 1, 2010, and who has not previously been employed by a charter school in this state prior to July 1, 2010, shall participate in the state teachers' retirement system under chapter 167a on the same basis as if such professional were employed by a local or regional board of education. The governing council of a charter school shall make the contributions, as defined in section 10-183b, for such professional.

(3) Any administrator or person providing instruction or pupil services in a charter school who holds a charter school educator permit issued by the State Board of Education pursuant to section 10-145q shall participate in the state teachers' retirement system under chapter 167a pursuant to subdivision (2) of this section when such administrator or person providing instruction or pupil services obtains professional certification pursuant to section 10-145b.

(P.A. 96-214, S. 4; 96-244, S. 56, 63; P.A. 97-247, S. 14, 27; P.A. 10-111, S. 13; P.A. 11-28, S. 4, 5; 11-60, S. 1; 11-234, S. 2; P.A. 22-118, S. 190; P.A. 23-160, S. 44.)

History: P.A. 96-244 amended Subsec. (c) to remove provision that a leave of absence not be deemed an interruption of service for “any purpose of employment” and substituted “teacher's retirement” for “employee benefits”, effective July 1, 1996; P.A. 97-247 made technical changes in Subsec. (b), effective July 1, 1997; P.A. 10-111 amended Subsec. (d) by designating existing provisions as Subdiv. (1), adding “hired by a charter school prior to July 1, 2010, and” therein and adding Subdiv. (2) re mandatory participation in teacher retirement system, effective July 1, 2010; P.A. 11-28 made technical changes in Subsecs. (b) and (d), effective June 3, 2011; P.A. 11-60 amended Subsec. (b) by adding provision re persons holding charter school educator permit in Subdiv. (4), adding Subdiv. (5) re waiver for charter school educator permit holders and making a conforming change in Subdiv. (2), and amended Subsec. (d) by adding Subdiv. (3) re participation in state teachers' retirement system when charter school educator permit holders obtain professional certification, effective July 1, 2011; P.A. 11-234 made identical changes as P.A. 11-60 and added Subsec. (b)(6) re authorization for administrators holding permit to supervise and conduct performance evaluations, effective July 1, 2011; P.A. 22-118 amended Subsec. (d) to delete references to Subdiv. (7) of Sec. 10-183b in Subdivs. (1) and (2), effective July 1, 2022; P.A. 23-160 amended Subsec. (b)(1) by adding “including the provisions of sections 10-4a and 10-4b”, effective July 1, 2023.

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Sec. 10-66ee. Charter school funding. Special education students. Transportation. Contracts. Cooperative arrangements. (a) For the purposes of equalization aid under section 10-262h a student enrolled (1) in a local charter school shall be considered a student enrolled in the school district in which such student resides, and (2) in a state charter school shall not be considered a student enrolled in the school district in which such student resides.

(b) (1) The local board of education of the school district in which a student enrolled in a local charter school resides shall pay, annually, in accordance with its charter, to the fiscal authority for the charter school for each such student the amount specified in its charter, including the reasonable special education costs of students requiring special education. The board of education shall be eligible for reimbursement for such special education costs pursuant to section 10-76g.

(2) The local or regional board of education of the school district in which the local charter school is located shall be responsible for the financial support of such local charter school at a level that is at least equal to the product of (A) the per pupil cost for the fiscal year two years prior to the fiscal year for which support will be provided, and (B) the number of students attending such local charter school in the current fiscal year. As used in this subdivision, “per pupil cost” means, for a local or regional board of education, the quotient of the current program expenditures, as defined in section 10-262f, divided by the number of resident students, as defined in section 10-262f, of such local or regional board of education.

(c) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, the State Board of Education may approve, within available appropriations, a per student grant to a local charter school in an amount not to exceed three thousand dollars for each student enrolled in such local charter school, provided the local or regional board of education for such local charter school and the representatives of the exclusive bargaining unit for certified employees, chosen pursuant to section 10-153b, mutually agree on staffing flexibility in such local charter school, and such agreement is approved by the State Board of Education. The state shall make such payments, in accordance with this subsection, to the fiscal authority for a local charter school for each student enrolled in such school as follows: Twenty-five per cent of the amount not later than July fifteenth and September first based on estimated student enrollment on May first, and twenty-five per cent of the amount not later than January first and the remaining amount not later than April first, each based on student enrollment on October first.

(d) (1) As used in this subsection:

(A) “Total charter need students” means the sum of (i) the number of students enrolled in state charter schools under the control of the governing authority for such state charter schools for the school year, and (ii) for the school year commencing July 1, 2021, and each school year thereafter, (I) thirty per cent of the number of children enrolled in such state charter schools eligible for free or reduced price meals or free milk, (II) fifteen per cent of the number of such children eligible for free or reduced price meals or free milk in excess of the number of such children eligible for free or reduced price meals or free milk that is equal to sixty per cent of the total number of children enrolled in such state charter schools, and (III) twenty-five per cent of the number of students enrolled in such state charter schools who are multilingual learners, as defined in section 10-76kk.

(B) “Foundation” has the same meaning as provided in section 10-262f.

(C) “Charter full weighted funding per student” means the quotient of (i) the product of the total charter need students and the foundation, and (ii) the number of students enrolled in state charter schools under the control of the governing authority for such state charter schools for the school year.

(D) “Charter grant adjustment” means the absolute value of the difference between the foundation and charter full weighted funding per student for state charter schools under the control of the governing authority for such state charter schools for the school year.

(2) For the fiscal year ending July 1, 2022, the state shall pay in accordance with this subsection, to the fiscal authority for a state charter school for each student enrolled in such school, the foundation plus four and one-tenth per cent of its charter grant adjustment.

(3) For the fiscal year ending June 30, 2023, the state shall pay in accordance with this subsection, to the fiscal authority for a state charter school for each student enrolled in such school, the foundation plus twenty-five and forty-two-one-hundredths per cent of its charter grant adjustment.

(4) For the fiscal year ending June 30, 2024, the state shall pay in accordance with this subsection, to the fiscal authority for a state charter school for each student enrolled in such school, the foundation plus thirty-six and eight-one-hundredths per cent of its charter grant adjustment.

(5) For the fiscal year ending June 30, 2025, and each fiscal year thereafter, the state shall pay in accordance with this subsection, to the fiscal authority for a state charter school for each student enrolled in such school, the foundation plus fifty-six and seven tenths per cent of its charter grant adjustment.

(6) Payments under subdivisions (2) to (5), inclusive, of this subsection shall be paid as follows: Twenty-five per cent of the amount not later than July fifteenth and September first based on estimated student enrollment on May first, and twenty-five per cent of the amount not later than January first and the remaining amount not later than April first, each based on student enrollment on October first.

(7) In the case of a student identified as requiring special education, the school district in which the student resides shall: (A) Hold the planning and placement team meeting for such student and shall invite representatives from the charter school to participate in such meeting; and (B) pay the state charter school, on a quarterly basis, an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the state charter school for such student pursuant to subdivision (1) of this subsection and amounts received from other state, federal, local or private sources calculated on a per pupil basis. Such school district shall be eligible for reimbursement pursuant to section 10-76g. The charter school a student requiring special education attends shall be responsible for ensuring that such student receives the services mandated by the student's individualized education program whether such services are provided by the charter school or by the school district in which the student resides.

(e) Notwithstanding any provision of the general statutes, if at the end of a fiscal year amounts received by a state charter school, pursuant to subdivision (1) of subsection (d) of this section, are unexpended, the charter school (1) may use, for the expenses of the charter school for the following fiscal year, up to ten per cent of such amounts, and (2) may (A) create a reserve fund to finance a specific capital or equipment purchase or another specified project as may be approved by the commissioner, and (B) deposit into such fund up to five per cent of such amounts.

(f) The local or regional board of education of the school district in which the charter school is located shall provide transportation services for students of the charter school who reside in such school district pursuant to section 10-273a unless the charter school makes other arrangements for such transportation. Any local or regional board of education may provide transportation services to a student attending a charter school outside of the district in which the student resides and, if it elects to provide such transportation, shall be reimbursed pursuant to section 10-266m for the reasonable costs of such transportation. Any local or regional board of education providing transportation services under this subsection may suspend such services in accordance with the provisions of section 10-233c. The parent or guardian of any student denied the transportation services required to be provided pursuant to this subsection may appeal such denial in the manner provided in sections 10-186 and 10-187.

(g) Charter schools shall be eligible to the same extent as boards of education for any grant for special education, competitive state grants and grants pursuant to sections 10-17g and 10-266w.

(h) If the commissioner finds that any charter school uses a grant under this section for a purpose that is inconsistent with the provisions of this part, the commissioner may require repayment of such grant to the state.

(i) Charter schools shall receive, in accordance with federal law and regulations, any federal funds available for the education of any pupils attending public schools.

(j) The governing council of a charter school may (1) contract or enter into other agreements for purposes of administrative or other support services, transportation, plant services or leasing facilities or equipment, and (2) receive and expend private funds or public funds, including funds from local or regional boards of education and funds received by local charter schools for out-of-district students, for school purposes.

(k) If in any fiscal year, more than one new state or local charter school is approved pursuant to section 10-66bb and is awaiting funding pursuant to the provisions of this section, the State Board of Education shall determine which school is funded first based on a consideration of the following factors in order of importance as follows: (1) The quality of the proposed program as measured against the criteria required in the charter school application process pursuant to section 10-66bb, (2) whether the applicant has a demonstrated record of academic success by students, (3) whether the school is located in a school district with a demonstrated need for student improvement, and (4) whether the applicant has plans concerning the preparedness of facilities, staffing and outreach to students.

(l) Within available appropriations, the state may provide a grant in an amount not to exceed seventy-five thousand dollars to any newly approved state charter school that assists the state in meeting its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, for start-up costs associated with the new charter school program.

(m) Charter schools may, to the same extent as local and regional boards of education, enter into cooperative arrangements as described in section 10-158a, provided such arrangements are approved by the Commissioner of Education. Any state charter school participating in a cooperative arrangement under this subsection shall maintain its status as a state charter school and not be excused from any obligations pursuant to sections 10-66aa to 10-66ll, inclusive.

(n) The Commissioner of Education shall provide any town receiving aid pursuant to subsection (c) or (d) of this section with the amount of such aid to be paid to each state or local charter school located in such town.

(P.A. 96-214, S. 5; P.A. 97-290, S. 9, 29; P.A. 98-168, S. 24, 26; P.A. 99-289, S. 6, 11; P.A. 00-48, S. 1, 12; 00-187, S. 23, 75; June Sp. Sess. P.A. 01-1, S. 27, 54; June 30 Sp. Sess. P.A. 03-6, S. 14; P.A. 04-254, S. 8; P.A. 05-245, S. 38; P.A. 06-135, S. 26; June Sp. Sess. P.A. 07-3, S. 11, 16; June Sp. Sess. P.A. 07-5, S. 54; P.A. 08-170, S. 10; June 19 Sp. Sess. P.A. 09-1, S. 22; Sept. Sp. Sess. P.A. 09-6, S. 36; P.A. 11-48, S. 200; 11-179, S. 12; P.A. 12-116, S. 29; June 12 Sp. Sess. P.A. 12-2, S. 19–21; Dec. Sp. Sess. P.A. 12-1, S. 31; P.A. 13-247, S. 164; P.A. 14-217, S. 95, 112; June Sp. Sess. P.A. 15-5, S. 315; June Sp. Sess. P.A. 17-2, S. 583; June Sp. Sess. P.A. 21-2, S. 352, 408; P.A. 22-118, S. 256; P.A. 23-150, S. 28; 23-204, S. 343.)

History: P.A. 97-290 amended Subsec. (c) to change the payment schedule and to add the provisions on special education students, added new Subsecs. (d) and (g) re unexpended funds and repayment and redesignated remaining Subsecs., amended Subsec. (e) to provide for reimbursement pursuant to Sec. 10-266m and amended Subsec. (i) to add funds received by local charter schools for out-of-district students, effective July 1, 1997; P.A. 98-168 amended Subsec. (c) to change the state payment to $6,500 per student from an amount equal to 105% of the foundation level pursuant to Sec. 10-262f and made the same change for the purpose of calculating the school district payment for a special education student, effective July 1, 1998; P.A. 99-289 amended Subsec. (b) to add provisions relating to special education costs, amended Subsec. (c) to substitute amount based on per cent of the foundation for a specific dollar amount, to substitute July fifteenth and September fifteenth for “in July and September”, January fifteenth for “in January” and not later than April fifteenth for “in April”, and add requirement for charter school to ensure that special education students receive services mandated in their individualized education programs and amended Subsec. (e) to add provision concerning appeal of denial of transportation services, effective July 1, 1999; P.A. 00-48 amended Subsec. (c) to specify that payment for special education students be made by the school district on a quarterly basis, effective July 1, 2000; P.A. 00-187 amended Subsec. (c) to change the amount of the state payments to $7,000 for each student, effective July 1, 2000; June Sp. Sess. P.A. 01-1 redesignated Subsecs. (d) to (i) as Subsecs. (e) to (j), making a technical change in Subsec. (e), and added new Subsec. (d) re determination of enrollment numbers and use of any additional funds, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (c)(1) by increasing amount of per student grant from $7,000 to $7,250 and adding provision re proportional increase, effective August 20, 2003; P.A. 04-254 amended Subsec. (c)(1) to provide for a maximum increase in grants payable per student for the fiscal year ending June 30, 2005, effective July 1, 2004; P.A. 05-245 amended Subsec. (c)(1) by increasing amount of per pupil grant for the fiscal year ending June 30, 2006, to $7,625 and by adding language re per pupil grant of $8,000 for the fiscal year ending June 30, 2007, and each fiscal year thereafter, effective July 1, 2005; P.A. 06-135 amended Subsec. (c)(1) by replacing $7,250 with $8,000 re total amount per student appropriated for grants and providing that supplemental per pupil grants shall not exceed $70 with any amount remaining to be used for supplemental grants for interdistrict magnet schools, effective July 1, 2006; June Sp. Sess. P.A. 07-3 amended Subsec. (c)(1) to make technical changes, to increase the per pupil grant to $8,650 for the fiscal year ending June 30, 2008, and $9,300 for the fiscal year ending June 30, 2009, to make permissive the requirement that commissioner spend unallocated funds for supplemental grants for interdistrict magnet schools and to permit commissioner to use such funds to pay for audits and added Subsec. (k) re priority for funding of new schools, effective July 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (c)(1) to provide that unallocated funds may be used to pay expenses incurred by department to ensure continuity of a charter school when required by a court and to pay expenses incurred when creating a CommPACT school, effective October 6, 2007; P.A. 08-170 added Subsec. (l) re start-up costs for charter schools in support of stipulation re Sheff v. O'Neill, effective July 1, 2008; June 19 Sp. Sess. P.A. 09-1 added Subsec. (m) re cooperative arrangements, effective July 1, 2009; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (c)(1) by adding “and each fiscal year thereafter,” re state payment of $9,300, effective October 5, 2009; P.A. 11-48 amended Subsec. (c)(1) by replacing “and each fiscal year thereafter” with “to June 30, 2011, inclusive”, making a conforming change and adding provision re increasing per pupil grant to $9,400 for fiscal year ending June 30, 2012, and each fiscal year thereafter, effective July 1, 2011; P.A. 11-179 amended Subsec. (k) by adding local charter schools to provision re if more than one charter school is approved in any fiscal year, redesignating existing Subdivs. (1) to (3) as Subdivs. (2) to (4), and adding new Subdiv. (1) re quality of proposed program measured against criteria required in application process, effective July 13, 2011; P.A. 12-116 amended Subsec. (a) by deleting “education” re equalization aid, amended Subsec. (b) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re board of education responsibility for financial support of local charter schools, added new Subsec. (c) re per student grant to local charter schools, redesignated existing Subsec. (c) as Subsec. (d), amended redesignated Subsec. (d)(1) by adding reference to equalization aid grants pursuant to Sec. 10-262h, replacing provision re grant payment to fiscal authority of state charter school with provision re grant payment to town in which state charter school is located, deleting provisions re grant amounts for fiscal years 2006 to 2012, adding provisions re grant payments for fiscal years 2013, 2014, 2015 and each fiscal year thereafter and re payment schedule, redesignated existing language re grant payment schedule as Subsec. (d)(2) and amended same by adding provision re town to pay fiscal authority of state charter school amount paid to town pursuant to Subsec. (d)(1), deleting provisions re amounts based on estimated student enrollment on May first and October first and deleting provision re increase in per student grant amount, redesignated existing Subsec. (d)(2) as Subsec. (d)(3), deleted former Subsec. (d) re use of additional funds, amended Subsec. (l) by adding provision re grant to town in which state charter school is located and re payment to the fiscal authority for such charter school, added Subsec. (n) re commissioner to provide aid to towns to be paid to each state or local charter school located in such towns, and made conforming and technical changes, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-2 amended Subsecs. (c) and (d) by replacing “July first” with “July fifteenth” in Subdiv. (1) and replacing “July fifteenth” with “July twentieth” in Subdiv. (2), amended Subsec. (l) by deleting “town in which a” and deleting “is located, to be paid to the fiscal authority for such charter school” and amended Subsec. (n) by replacing “subsection (c), subsection (d) or (l)” with “subsection (c) or (d)”, effective July 1, 2012; Dec. Sp. Sess. P.A. 12-1 amended Subsec. (d)(1) to change amount of state payment for fiscal year ending June 30, 2013, from $10,500 to $10,200 and add provision re payment of remaining amount made not later than April 15, 2013, to be within available appropriations and may be adjusted on pro rata basis, effective December 21, 2012; P.A. 13-247 amended Subsec. (d)(1) to change amount of state payment for fiscal year ending June 30, 2014, from $11,000 to $10,500 and to change amount of state payment for fiscal year ending June 30, 2015, and each fiscal year thereafter, from $11,500 to $11,000, effective July 1, 2013; P.A. 14-217 amended Subsec. (b)(2) by replacing “prior fiscal year, less the reimbursement pursuant to section 10-76g for the current fiscal year” with “fiscal year two years prior to the fiscal year for which support will be provided” in Subpara. (A) and replacing “net current expenditures” with “current program expenditures”, “subdivision (3) of section 10-261” with “section 10-262f” and “average daily membership, as defined in subdivision (2) of section 10-261,” with “number of resident students, as defined in section 10-262f,” in Subpara. (B), amended Subsec. (c)(1) by replacing “subsection (b) of section 10-66nn” with “subsection (c) of section 10-66bb”, deleting “For the purposes of equalization aid grants pursuant to section 10-262h, the”, replacing “fifteenth” with “first” and making conforming changes, and amended Subsec. (d)(1) by replacing “fifteenth” with “first”, effective June 13, 2014, and amended Subsec. (l) by adding “as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.,”, effective July 1, 2014; June Sp. Sess. P.A. 15-5 amended Subsec. (l) by adding “as extended,”, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by deleting Subdiv. (1) designator, deleting “described in subsection (c) of section 10-66bb”, replacing “town in which a local charter school is located” with “fiscal authority for a local charter school for each student enrolled in such school”, and deleting former Subdiv. (2) re town to pay fiscal authority for local charter school, amended Subsec. (d)(1) by deleting “For the purposes of equalization aid grants pursuant to section 10-262h, the”, replacing “town in which a state charter school is located” with “fiscal authority for a state charter school”, replacing $11,000 with $11,250 re amount of state payment for fiscal year ending June 30, 2019, and each fiscal year thereafter, and deleting provision re payment of remaining amount made not later than April 15, 2013, to be within available appropriations and may be adjusted on pro rata basis, amended Subsec. (d) by deleting former Subdiv. (2) re town to pay fiscal authority for state charter school and redesignating existing Subdiv. (3) as Subdiv. (2), and made technical and conforming changes, effective October 31, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (d) by deleting former Subdiv. (1) re state payments for each student enrolled in state charter school, adding new Subdiv. (1) re definitions of “total charter need students”, “foundation”, “charter full weighted funding per student” and “charter grant adjustment”, adding new Subdiv. (2) re state payment for each student enrolled in state charter school for fiscal year ending June 30, 2022, adding Subdiv. (3) re state payment for each student enrolled in state charter school for fiscal year ending June 30, 2023, adding Subdiv. (4) re payment schedule, and redesignating existing Subdiv. (2) as Subdiv. (5), and amended Subsec. (l) by replacing “the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, as determined by the Commissioner of Education” with “its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education”, effective July 1, 2021; P.A. 22-118 amended Subsec. (d)(3) by replacing “fourteen and seventy-six-one-hundredths” with “twenty-five and forty-two-one-hundredths”, effective July 1, 2022; P.A. 23-150 amended Subsec. (d)(1)(A)(ii)(III) by redefining “total charter need students” to replace “English language” with “multilingual”, effective July 1, 2023; P.A. 23-204 amended Subsec. (d) by adding new Subdiv. (4) re state payment for each student enrolled in state charter school for fiscal year ending June 30, 2024, adding new Subdiv. (5) re state payment for each student enrolled in state charter school for fiscal year ending June 30, 2025, redesignating existing Subdivs. (4) and (5) as Subdivs. (6) and (7) and making a conforming change, effective July 1, 2023.

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Sec. 10-66jj. Bond authorization for program to assist charter schools with capital expenses. (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate fifty-five million dollars, provided five million dollars of said authorization shall be effective July 1, 2024.

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Education for the purpose of grants pursuant to section 10-66hh.

(c) All provisions of section 3-20, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.

(June Sp. Sess. P.A. 05-6, S. 37; June Sp. Sess. P.A. 07-7, S. 46; P.A. 13-239, S. 57; June Sp. Sess. P.A. 15-1, S. 58; June Sp. Sess. P.A. 17-2, S. 434; P.A. 23-205, S. 57.)

History: June Sp. Sess. P.A. 05-6 effective July 1, 2005; June Sp. Sess. P.A. 07-7 amended Subsec. (a) by increasing aggregate authorization from $10,000,000 to $20,000,000, of which $5,000,000 is effective July 1, 2008, effective November 2, 2007; P.A. 13-239 amended Subsec. (a) by increasing aggregate authorization from $20,000,000 to $30,000,000, of which $5,000,000 is effective July 1, 2014, effective July 1, 2013; June Sp. Sess. P.A. 15-1 amended Subsec. (a) to increase aggregate authorization from $30,000,000 to $35,000,000 and change date that $5,000,000 is effective from July 1, 2014, to July 1, 2016, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to increase aggregate authorization from $35,000,000 to $45,000,000 and replacing “July 1, 2016” with “July 1, 2018” re date that $5,000,000 is effective, effective October 31, 2017; P.A. 23-205 amended Subsec. (a) to increase aggregate authorization from $45,000,000 to $55,000,000, of which $5,000,000 is effective July 1, 2024, effective July 1, 2023.

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Sec. 10-66nn. Grant to assist with start-up costs for new local charter school. Eligibility. Applications. Unexpended funds. Guidelines. (a) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, the Department of Education may award, within available appropriations, a grant of up to five hundred thousand dollars to any town in which a newly established local charter school is located, to be paid to the fiscal authority for such local charter school not later than July fifteenth to assist with the start-up costs associated with the establishment of such local charter school pursuant to subsection (b) of this section, provided the local or regional board of education for such local charter school and the representatives of the exclusive bargaining unit for certified employees, chosen pursuant to section 10-153b, mutually agree on staffing flexibility in such local charter school, and such agreement is approved by the State Board of Education.

(b) In order to be eligible for a grant under this section, an applicant for a grant shall submit an application to the Commissioner of Education, pursuant to section 10-66bb, for the establishment of a local charter school to be established on or after July 1, 2012, and such application shall satisfy one of the following conditions: (1) Such applicant has high quality, feasible strategies or a record of success in serving students from among the following populations: (A) Students with histories of low academic performance, (B) students who receive free or reduced price school lunches, (C) students with histories of behavioral and social difficulties, (D) students eligible for special education services, (E) students who are multilingual learners, or (F) students of a single gender; or (2) such applicant has a high quality, feasible plan for turning around existing schools that have demonstrated consistently substandard student performance, or a record of success in turning around such schools. The department shall determine whether such applicant satisfies the provisions of subdivision (1) or (2) of this subsection.

(c) Grant applications shall be submitted to the department at such time and in such manner as the department prescribes. Each applicant receiving a grant award under this section shall submit, at such time and in such form as the department prescribes, any reports and financial statements required by the department. If the department finds that any grant awarded pursuant to this section is being used for purposes that are not in conformity with the purposes of this section, the department may require the repayment of the grant to the state.

(d) Any unexpended funds appropriated to the Department of Education for purposes of this section shall be available for redistribution as a grant in the next fiscal year.

(e) The department may develop guidelines and grant criteria as it deems necessary to administer the grant program under this section.

(P.A. 12-116, S. 31; P.A. 23-150, S. 29.)

History: P.A. 12-116 effective July 1, 2012; P.A. 23-150 amended Subsec. (b)(1)(E) by replacing “English language” with “multilingual”, effective July 1, 2023.

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PART V

SPECIAL SCHOOLS AND CLASSES

Sec. 10-73d. Request of certain students to attend adult education classes. Assignment. A public school student who is both under seventeen years of age and a parent may request permission from the local or regional board of education to attend adult education classes. The local or regional board of education may, by a majority vote of the members of the board present and voting at a regular or special meeting of the board called for such purpose, assign such student to adult education classes.

(P.A. 96-244, S. 49, 63; P.A. 12-120, S. 29; P.A. 23-160, S. 4.)

History: P.A. 96-244, S. 49 effective June 6, 1996; P.A. 12-120 replaced “sixteen” with “seventeen”, effective June 15, 2012; P.A. 23-160 replaced “mother” with “parent”, effective July 1, 2023.

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Sec. 10-74m. Memoranda of understanding with other state agencies re provision of special education services. Liaisons from other state agencies to State-Wide Transition Services Coordinator. (a) The Department of Education shall enter into memoranda of understanding with the Office of Early Childhood and the Departments of Developmental Services, Aging and Disability Services, Children and Families, Social Services and Correction regarding the provision of special education and related services to children, including, but not limited to, education, health care, transition resources, transition services and public transition programs, as those terms are defined in section 10-74o. Such memoranda of understanding shall account for current programs and services, utilize best practices and be updated or renewed at least every five years.

(b) The Office of Early Childhood and the Departments of Developmental Services, Aging and Disability Services, Children and Families, Social Services and Correction shall, as necessary, enter into memoranda of understanding regarding the provision of special education and related services to children as such services relate to one another. Such memoranda of understanding shall account for current programs and services, utilize best practices and be updated or renewed at least every five years.

(c) The Office of Early Childhood and the Departments of Developmental Services, Aging and Disability Services, Children and Families, the Labor Department, Mental Health and Addiction Services, Public Health, Social Services and Correction shall each appoint an employee to act as a liaison to the Department of Education's State-wide Transition Services Coordinator, established pursuant to section 10-74o. Each liaison shall provide information and advice to such coordinator concerning the transition resources, transition services and public transition programs provided by the agency such liaison represents.

(June Sp. Sess. P.A. 15-5, S. 282; P.A. 23-137, S. 28.)

History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; P.A. 23-137 added references to transition resources and public transition programs in Subsec. (a), replaced Bureau of Rehabilitation Services with Department of Aging and Disability Services in Subsecs. (a) and (b) and added Subsec. (c) re appointment of liaisons from other state agencies to the Department of Education's State-wide Transition Services Coordinator, effective July 1, 2023.

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Sec. 10-74n. Transition resources, services and programs. Online listing. Collection of information and annual update. Online posting and distribution. (a) The State Education Resource Center, established pursuant to section 10-357a, in collaboration with the Departments of Education, Developmental Services, Social Services and Aging and Disability Services and the Offices of Workforce Strategy and Policy and Management, shall: (1) Develop and maintain an easily accessible and navigable online listing of the transition resources, transition services and public transition programs, as those terms are defined in section 10-74o, provided by each such center, department or office, including, but not limited to, for each resource, service and program (A) a plain language description, (B) eligibility requirements, and (C) application deadlines and instructions, and (2) annually collect information related to transition resources, programs and services provided by other state agencies. The Departments of Aging and Disability Services, Developmental Services and Social Services and the Office of Policy and Management shall each post a link to such online listing on an easily accessible location of said departments' Internet web sites.

(b) For the school year commencing July 1, 2024, and each school year thereafter, the Department of Education's State-wide Transition Services Coordinator, established pursuant to section 10-74o, shall (1) ensure the online listing described in subdivision (1) of subsection (a) of this section is updated and accurate, (2) post a link to such online listing on an easily accessible location of the department's Internet web site, and (3) distribute a notice concerning such online listing to each local or regional board of education. Each local or regional board of education shall annually distribute such notice to the parent of a child requiring special education and related services in grades six to twelve, inclusive, at a planning and placement team meeting for such child. As used in this section, “parent” means the parent or guardian of a child requiring special education or the surrogate parent or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil.

(June Sp. Sess. P.A. 15-5, S. 266; June Sp. Sess. P.A. 21-2, S. 233; P.A. 23-137, S. 29.)

History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by replacing “Office of Workforce Competitiveness” with “Office of Workforce Strategy”, effective July 1, 2021; P.A. 23-137 amended Subsec. (a) by replacing the State Board of Education with the State Education Resource Center, removing the Bureau of Rehabilitation Services, adding Departments of Education, Social Services and Aging and Disability Services, replacing former Subdivs. (1) and (2) re coordination of transition resources, services and programs and creation of a fact sheet, respectively, with new Subdiv. (1) re development of online listing of transition resources, transition services and public transition programs, redesignating existing Subdiv. (3) as Subdiv. (2), deleting requirement to make collected information available to parents, teachers, administrators and boards of education and adding requirement for each department to post a link to the online listing and amended Subsec. (b) replacing “July 1, 2016” with “July 1, 2024” and the State Board of Education with the Department of Education's State-wide Transition Services Coordinator and adding Subdivs. (1) to (3) re ensuring the online listing is updated and accurate, posting a link to the online listing and distributing a notice concerning the online listing, respectively, effective January 1, 2024.

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Sec. 10-74o. State-wide Transition Services Coordinator, duties. (a) As used in this section and sections 10-74q and 10-74r:

(1) “Transition service” means a service for a student who requires special education that facilitates the student's transition from school to postsecondary activities such as postsecondary education and training, employment or independent living;

(2) “Transition resources” means sources of information, counseling or training concerning transition services or programs;

(3) “Public transition program” means a program operated by a local or regional board of education or a regional educational service center to provide transition services as recommended by the planning and placement team for a student who requires special education and is eighteen to twenty-two years of age, inclusive, based on the goals set forth in such student's individualized education program; and

(4) “Transition coordinator” means a director of pupil personnel or other person employed by a local or regional board of education, as designated by such director, who assists parents and students in the school district governed by such board navigate the transition resources, transition services and public transition programs available for such students.

(b) The Department of Education shall employ a State-wide Transition Services Coordinator within the Bureau of Special Education. The State-wide Transition Services Coordinator shall (1) coordinate the provision of transition resources, transition services and public transition programs throughout the state in collaboration with the liaisons appointed by other state agencies pursuant to section 10-74m, (2) establish minimum standards for public transition programs and metrics for measuring such standards, (3) perform unannounced site visits of public transition programs for the purpose of determining the effectiveness of and suggesting improvements to such programs and post data on the department's Internet web site related to how such public transition program measured against the minimum standards established pursuant to subdivision (2) of this subsection, (4) develop and make available on the department's Internet web site a course for educators and school staff who do not provide transition services to inform such educators and staff about transition services and programs, including, but not limited to, about the purpose, essential programming and deadlines of such programs, (5) establish minimum standards for the training of transition coordinators and maintain a record of each transition coordinator completing the training program developed by the Department of Education pursuant to section 10-74r, and (6) establish best practices for the provision of transition services and distribute such best practices to each transition coordinator.

(c) The Commissioner of Education shall (1) hire at least one Assistant State-wide Transition Services Coordinator to assist with the duties of the State-wide Transition Services Coordinator as set forth in subsection (b) of this section, and (2) make available such staff as the needs of the State-wide Transition Services Coordinator and such Assistant State-wide Transition Services Coordinator require.

(P.A. 23-137, S. 26.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-74p. Training program re special education and transition services. The Department of Education's Bureau of Special Education shall develop by July 1, 2024, and update at least annually, a training program concerning the legal requirements and best practice recommendations for special education and transition services, as defined in section 10-74o, to be delivered through on-demand online courses and, in the bureau's discretion, in person.

(P.A. 23-137, S. 27.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-74q. Training programs for transition coordinators, educators and school paraprofessionals. (a) Not later than July 1, 2024, the Department of Education, in consultation with the Departments of Developmental Services and Aging and Disability Services and the regional educational service centers, shall develop a training program for transition coordinators, educators and school paraprofessionals. Such training program shall comply with the minimum standards established by the State-wide Transition Services Coordinator pursuant to section 10-74o.

(b) Each regional educational service center shall provide the training program developed pursuant to subsection (a) of this section at no cost to transition coordinators, educators and school paraprofessionals who provide transition services and any other educators or school staff interested in becoming a transition coordinator or providing transition services.

(P.A. 23-137, S. 30.)

History: P.A. 23-137 effective June 27, 2023.

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Sec. 10-74r. Deadline to complete training for transition coordinators, educators and school paraprofessionals. (a) Not later than January 1, 2024, each local and regional board of education shall ensure that a transition coordinator has been designated, who may be the director of pupil personnel or another employee of such board appointed as transition coordinator by such director. Each transition coordinator shall (1) complete the training program developed by the Department of Education pursuant to subsection (a) of section 10-74q, provided (A) each transition coordinator appointed prior to the date upon which the training program commences shall complete such training program during the three-year period immediately following such date, and (B) each new transition coordinator appointed after such date shall complete such training program not later than one year after being appointed, and (2) ensure that parents of students requiring special education receive information concerning transition resources, transition services or public transition programs in accordance with section 10-74n and are aware of the eligibility requirements and application details of such resources, services and programs that specifically apply to such student.

(b) Each educator and school paraprofessional who provides special education for students fourteen years of age or older shall complete the training program developed by the Department of Education pursuant to subsection (a) of section 10-74q, provided (1) each such educator and school paraprofessional hired prior to the date upon which the training program commences shall complete such training program during the five-year period immediately following such date, and (2) each such educator and school paraprofessional hired after such date shall complete such training program not later than one year from the date such educator or school paraprofessional is hired to provide such services.

(P.A. 23-137, S. 31.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-74s. Decision-making options once child reaches eighteen years of age. Not later than July 1, 2024, the Department of Education shall, in consultation with disability rights advocacy groups in the state, develop a plain-language online resource for students and parents, guardians or surrogate parents of a child who is age fourteen or older and requires special education and related services to provide information and training resources about decision-making options once such child reaches eighteen years of age. Such online resource shall include, but need not be limited to, information concerning the (1) rights of the child and parent upon such child reaching age eighteen pursuant to the Individuals with Disabilities Education Act, 20 USC 1415(m), and (2) alternatives to guardianship and conservatorship, including supported decision-making, powers of attorney, advance directives, and other decision-making alternatives. The department shall (A) post such online resource in an easily accessible location of its Internet web site, and (B) provide information concerning such online resource to (i) the State Education Resource Center, established pursuant to section 10-357a, for inclusion in the online listing developed pursuant to section 10-74n, and (ii) each local and regional board of education for distribution to parents and guardians at a planning and placement team meeting in accordance with subparagraph (F) of subdivision (10) of subsection (a) of section 10-76d. The department shall update such online resource as necessary. As used in this section, “supported decision-making” means a tool that is utilized by a person with a disability to retain decision-making authority through assistance from one or more persons of the individual's choosing in understanding the nature and consequences of potential personal and financial decisions and in communicating such decisions.

(P.A. 23-137, S. 41.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-74t. Reporting on aggregate number of students who received information re transition services and programs for adults with disabilities. Not later than July 1, 2024, and annually thereafter, the Department of Education shall report to each state agency that provides services and programs for adults with disabilities, including, but not limited to, the Departments of Developmental Services, Social Services and Aging and Disability Services, and, in accordance with section 11-4a, the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and the budgets of state agencies, education, human services and public health, the aggregate number of students from all school districts who had planning and placement team meetings during the prior school year in which information concerning such services and programs was provided pursuant to the provisions of subparagraphs (B) and (C) of subdivision (9) of subsection (a) of section 10-76d. Such aggregate number may be reduced, to the extent possible, to the number of students who may qualify for the services or programs provided by such agencies.

(P.A. 23-137, S. 42.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-74u. Annual audits of special education programs. The Department of Education shall conduct audits of special education programs in randomly selected school districts each year to oversee the implementation of the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time. Such audits shall include, but need not be limited to, (1) interviewing teachers and staff who provide special education services and parents or guardians of children requiring special education, (2) conducting unannounced on-site visits to observe classroom practice and any other facet of the administration or provision of special education services in order to ensure compliance with individual education plans and all state and federal law and guidance, and (3) reviewing individualized education programs.

(P.A. 23-137, S. 48.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-74v. Informational handout for students with individual education program or Section 504 plan re rights in the classroom. Not later than January 1, 2024, the Department of Education shall develop an informational handout for students that explains what it means for a student to have an individualized education program or a plan pursuant to Section 504 of the Rehabilitation Act of 1973, including what rights such student is entitled to in the classroom under such program or plan. Such handout shall (1) be age-appropriate, (2) be prepared separately for students in grades (A) kindergarten to four, inclusive, (B) five to eight, inclusive, and (C) nine to twelve, inclusive, (3) be translated into multiple languages, including English, Spanish, Portuguese, French and Polish, and (4) include a glossary of the most common tools used in the implementation of such program or plan. The department shall make such handout available to local and regional boards of education and post such handout available on the department's Internet web site.

(P.A. 23-137, S. 51.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-76a. Definitions. Whenever used in sections 10-76a to 10-76i, inclusive:

(1) “Commissioner” means the Commissioner of Education.

(2) “Child” means any person twenty-two years of age or younger or, for children requiring special education, until such child is graduated from high school or at the end of the school year during which such child reaches age twenty-two, whichever occurs first.

(3) An “exceptional child” means a child who deviates either intellectually, physically or emotionally so markedly from normally expected growth and development patterns that he or she is or will be unable to progress effectively in a regular school program and needs a special class, special instruction or special services.

(4) “Special education” means specially designed instruction developed in accordance with the regulations of the commissioner, subject to approval by the State Board of Education offered at no cost to parents or guardians, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings and instruction in physical education and special classes, programs or services, including related services, designed to meet the educational needs of exceptional children.

(5) “A child requiring special education” means any exceptional child who (A) meets the criteria for eligibility for special education pursuant to the Individuals With Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, (B) has extraordinary learning ability or outstanding talent in the creative arts, the development of which requires programs or services beyond the level of those ordinarily provided in regular school programs but which may be provided through special education as part of the public school program, or (C) is age three to five, inclusive, and is experiencing developmental delay that causes such child to require special education.

(6) “Developmental delay” means significant delay in one or more of the following areas: (A) Physical development; (B) communication development; (C) cognitive development; (D) social or emotional development; or (E) adaptive development, as measured by appropriate diagnostic instruments and procedures and demonstrated by scores obtained on an appropriate norm-referenced standardized diagnostic instrument.

(7) “Related services” means related services, as defined in the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.

(8) “Extraordinary learning ability” and “outstanding creative talent” shall be defined by regulation by the commissioner, subject to the approval of the State Board of Education, after consideration by said commissioner of the opinions of appropriate specialists and of the normal range of ability and rate of progress of children in the Connecticut public schools.

(1967, P.A. 627, S. 1; 1969, P.A. 793, S. 1; P.A. 75-567, S. 60, 80; P.A. 77-587, S. 7, 9; 77-614, S. 302, 610; P.A. 78-218, S. 59–61; 78-303, S. 85, 136; P.A. 79-35, S. 1; P.A. 80-136, S. 1, 2; 80-185, S. 1, 2; P.A. 85-613, S. 94, 154; P.A. 91-277, S. 1, 6; P.A. 92-262, S. 9, 42; P.A. 96-146, S. 1, 12; 96-161, S. 8, 13; P.A. 98-168, S. 1, 26; P.A. 00-48, S. 2, 12; June 30 Sp. Sess. P.A. 03-6, S. 2; P.A. 22-80, S. 31; P.A. 23-137, S. 36.)

History: 1969 act made technical changes to Subsec. (f); P.A. 75-567 substituted Sec. “10-76j” for “10-76g”, broadening applicability of definitions; P.A. 77-587 changed definitions in Subsec. (f), deleting exclusion of children who require custodial care, who do not have clean bodily habits, responsiveness to directions or means of intelligible communication from definition of “mentally retarded child”, redefining “trainable” mentally retarded child by replacing description of such child as one who can walk, has clean bodily habits and is responsive to simple direction with description of child as one who can be expected to function at a level greater than that of a four-year-old and added definition of “severely or profoundly” mentally retarded child; P.A. 77-614 and P.A. 78-303 substituted commissioner of education for secretary of the state board of education, effective January 1, 1979; P.A. 78-218 made technical changes; P.A. 79-35 deleted definitions of “educable”, “trainable” and “severely or profoundly” mentally retarded child in Subsec. (f); P.A. 80-136 inserted a new Subsec. (j) defining child with “identifiable learning disability”, deleted “learning disabilities” from former Subsec. (j) and redesignated the subsection as Subsec. (k); P.A. 80-185 redefined “special education” to include related services, defined “related services” in new Subsec. (h) and relettered former Subsec. (h) and remaining subsections accordingly; P.A. 85-613 made technical changes, deleting reference to Sec. 10-94a; P.A. 91-277 redefined “children requiring special education” to include autistic and traumatically brain injured children; P.A. 92-262 redefined “special education”, added counseling services to the definition of “related services” and added definition of “transition services”; P.A. 96-146 changed the Subdiv. designations from letters to numbers, added a definition of “seriously emotionally disturbed”, deleted a definition of “socially and emotionally maladjusted”, amended Subdiv. (6) to define “child with mental retardation” based on the federal law and made technical changes, effective July 1, 1996; P.A. 96-161 amended introductory language re applicability to omit reference to Sec. 10-76j, repealed by the same act, effective July 1, 1996; P.A. 98-168 added Subdiv. (5)(C) re children age 3 to 5, inclusive, and new Subdiv. (6) defining “developmental delay”, renumbering the remaining Subdivs. and redefined “identifiable learning disability” to exclude certain learning problems, effective July 1, 1998; P.A. 00-48 amended Subdiv. (9) to replace the existing definition of “related services” with the federal definition under the Individuals With Disabilities Education Act, effective July 1, 2000; June 30 Sp. Sess. P.A. 03-6 amended Subdiv. (5) by redefining “children requiring special education” as “a child requiring special education”, making technical and conforming changes re federal Individuals With Disabilities Education Act, deleted Subdivs. (7) and (8) defining “child with mental retardation” and “child with a physical handicap”, renumbered Subdiv. (9) as Subdiv. (7), deleted Subdivs. (10) to (13), inclusive, defining “child with a neurological impairment”, “seriously emotionally disturbed”, “school age children” and “identifiable learning disability”, renumbered Subdiv. (14) as Subdiv. (8) and deleted Subdiv. (15) defining “transition services”, effective August 20, 2003; P.A. 22-80 amended Subdiv. (2) by redefining “child” as any person under 22 years of age, effective July 1, 2022; P.A. 23-137 redefined “child”, effective July 1, 2023.

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Sec. 10-76d. Duties and powers of boards of education to provide special education programs and services. Medicaid enrollment, participation and billing requirements. Development of individualized education program. Planning and placement team meetings. Public agency placements; apportionment of costs. Relationship of insurance to special education costs. Prohibition on punishing members of planning and placement teams and birth-to-three service coordinators and qualified personnel for certain conduct. (a)(1) In accordance with the regulations and procedures established by the Commissioner of Education and approved by the State Board of Education, each local or regional board of education shall provide the professional services requisite to identification of children requiring special education, identify each such child within its jurisdiction, determine the eligibility of such children for special education pursuant to sections 10-76a to 10-76h, inclusive, prescribe appropriate educational programs for eligible children, maintain a record thereof and make such reports as the commissioner may require. No child may be required to obtain a prescription for a substance covered by the Controlled Substances Act, 21 USC 801 et seq., as amended from time to time, as a condition of attending school, receiving an evaluation under section 10-76ff or receiving services pursuant to sections 10-76a to 10-76h, inclusive, or the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.

(2) Not later than December 1, 2017, each local and regional board of education shall (A) enroll as a provider in the state medical assistance program, (B) participate in the Medicaid School Based Child Health Program administered by the Department of Social Services, and (C) submit billable service information electronically to the Department of Social Services, or its billing agent. For each local or regional board of education with a student population of less than one thousand students, a cost benefit analysis may be conducted by such local or regional board of education in a form prescribed by the Commissioner of Social Services to determine whether the cost to participate in the medical assistance program exceeds the revenue that would be generated for the local or regional board of education. A local or regional board of education exempted from the requirements of this subdivision after such cost benefit analysis shall complete and submit such analysis to the commissioner every three years in order to remain exempt. Not later than September 1, 2018, the Commissioner of Social Services shall develop a cost benefit analysis model and determine the feasibility of directly certifying students as eligible for Medicaid benefits on behalf of a local or regional board of education.

(3) Any local or regional board of education may enter into an agreement with a third-party vendor or another local or regional board of education to comply with the requirements of subdivision (2) of this subsection. Such agreement may provide that costs for services provided on behalf of a local or regional board of education shall be paid from the grant received pursuant to subdivision (5) of this subsection and shall be contingent on receipt of funds from such grant in an amount sufficient to cover the cost of providing such service. Notwithstanding the provisions of section 17b-99, the Commissioner of Social Services shall not assess or extrapolate any overpayments to any third-party provider that contracts with the local or regional board of education to provide Medicaid services, when the error is determined by the department to be caused by (A) a clerical error; (B) information provided by the local or regional board of education; or (C) another third-party vendor in the submission of billable service information.

(4) Each local or regional board of education, through the planning and placement team established in accordance with regulations adopted by the State Board of Education under this section, shall determine a child's Medicaid enrollment status. In determining Medicaid enrollment status, the planning and placement team shall: (A) Inquire of the parents or guardians of each such child whether the child is enrolled in or may be eligible for Medicaid; and (B) if the child may be eligible for Medicaid, (i) request that the parent or guardian of the child apply for Medicaid, and (ii) comply with the requirements under 34 CFR 300.154, as amended from time to time, prior to billing for services under the Medicaid School Based Child Health Program administered by the Department of Social Services. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on a representative cost sampling method, the board of education shall make available documentation of the provision and costs of Medicaid eligible special education and related services for any students receiving such services, regardless of an individual student's Medicaid enrollment status, to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on an actual cost method, the local or regional board of education shall submit documentation of the costs and utilization of Medicaid eligible special education and related services for all students receiving such services to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. The commissioner or such agent may use information received from local or regional boards of education for the purposes of (I) ascertaining students' Medicaid eligibility status, (II) submitting Medicaid claims, (III) complying with state and federal audit requirements, and (IV) determining Medicaid rates for Medicaid eligible special education and related services. No child shall be denied special education and related services in the event the parent or guardian refuses to apply for Medicaid.

(5) Beginning with the fiscal year ending June 30, 2004, the Commissioner of Social Services shall make grant payments to local or regional boards of education in amounts representing fifty per cent of the federal portion of Medicaid claims processed for Medicaid eligible special education and related services provided to Medicaid eligible students in the school district. Beginning with the fiscal year ending June 30, 2009, the commissioner shall exclude any enhanced federal medical assistance percentages in calculating the federal portion of such Medicaid claims processed. Such grant payments shall be made on at least a quarterly basis and may represent estimates of amounts due to local or regional boards of education. Any grant payments made on an estimated basis, including payments made by the Department of Education for the fiscal years prior to the fiscal year ending June 30, 2000, shall be subsequently reconciled to grant amounts due based upon filed and accepted Medicaid claims and Medicaid rates. If, upon review, it is determined that a grant payment or portion of a grant payment was made for ineligible or disallowed Medicaid claims, the local or regional board of education shall reimburse the Department of Social Services for any grant payment amount received based upon ineligible or disallowed Medicaid claims.

(6) Pursuant to federal law, the Commissioner of Social Services, as the state's Medicaid agent, shall determine rates for Medicaid eligible special education and related services pursuant to subdivision (4) of this subsection. The Commissioner of Social Services may request and the Commissioner of Education and towns and regional school districts shall provide information as may be necessary to set such rates.

(7) Based on school district special education and related services expenditures, the state's Medicaid agent shall report and certify to the federal Medicaid authority the state match required by federal law to obtain Medicaid reimbursement of eligible special education and related services costs.

(8) Payments received pursuant to this section shall be paid to the local or regional board of education which has incurred such costs in addition to the funds appropriated by the town to such board for the current fiscal year.

(9) (A) The planning and placement team shall, in accordance with the provisions of the Individuals With Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, develop and include a statement of transition service needs in the individualized education program for each child requiring special education, beginning not later than the first individualized education program to be in effect when such child becomes fourteen years of age, or younger if the planning and placement team determines it is appropriate. Such individualized education program shall include (i) appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; and (ii) the transition services, including courses of study, needed to assist such child in reaching those goals. Such individualized education program shall be updated annually thereafter in accordance with the provisions of this subdivision. Nothing in this subdivision shall be construed as requiring the Department of Aging and Disability Services to lower the age of transitional services for a child with disabilities from sixteen to fourteen years of age.

(B) At the first planning and placement team meeting when a child reaches the age of fourteen and has a statement of transition service needs included in such child's individualized education program pursuant to subparagraph (A) of this subdivision, the planning and placement team shall for each public transition program, as defined in section 10-74o and each program for adults for which such child may be eligible after graduation, (i) upon the approval of the parent or guardian of such child, or a surrogate parent of such child appointed pursuant to section 10-94g, or such child if such child is an emancipated minor, notify the state agency that provides such program about the potential eligibility of such child, and (ii) provide such parent, guardian, surrogate parent or child a listing of such programs that includes, but is not limited to, (I) a plain language description of such program, (II) eligibility requirements for such program, and (III) deadlines and instructions for applications for such programs.

(C) Not later than the planning and placement team meeting that occurs approximately two years prior to a child's anticipated graduation from high school or the end of the school year in which a child will reach twenty-two years of age, whichever is expected to occur first based on such child's individualized education program, the planning and placement team shall (i) upon the approval of the parent or guardian of such child, or a surrogate parent of such child appointed pursuant to section 10-94g or such child if such child is an emancipated minor or eighteen years of age or older, (I) notify any state agency that provides a program for adults for which such child may be eligible about the potential eligibility of such child, (II) invite a representative from each such agency to attend the planning and placement team meeting for the purpose of establishing contact with and counseling the parent, guardian, surrogate parent or child on the process for the anticipated transfer of services upon such child graduating from high school or upon the end of the school year in which such child reaches twenty-two years of age, whichever is sooner, and (III) permit and facilitate contact and coordination between each such agency and such parent, guardian, surrogate parent or child for the purpose of easing the process for the transfer of services, (ii) provide such parent, guardian, surrogate parent or child a listing of each program for adults for which such child may be eligible that includes, but is not limited to, (I) a plain language description of such program, (II) eligibility requirements for such program, and (III) deadlines and instructions for applications to such programs, and (iii) assist such parent, guardian, surrogate parent or child in completing an application to any such programs.

(10) (A) Each local and regional board of education responsible for providing special education and related services to a child or pupil shall notify the parent or guardian of a child who requires or who may require special education, a pupil if such pupil is an emancipated minor or eighteen years of age or older who requires or who may require special education or a surrogate parent appointed pursuant to section 10-94g, in writing, at least five school days before such board proposes to, or refuses to, initiate or change the child's or pupil's identification, evaluation or educational placement or the provision of a free appropriate public education to the child or pupil.

(B) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide such parent, guardian, pupil or surrogate parent an opportunity to meet with a member of the planning and placement team designated by such board prior to the referral planning and placement team meeting at which the assessments and evaluations of the child or pupil who requires or may require special education is presented to such parent, guardian, pupil or surrogate parent for the first time. Such meeting shall be for the sole purpose of discussing the planning and placement team process and any concerns such parent, guardian, pupil or surrogate parent has regarding the child or pupil who requires or may require special education.

(C) Such parent, guardian, pupil or surrogate parent shall (i) be given at least five school days' prior notice of any planning and placement team meeting conducted for such child or pupil, (ii) have the right to be present at and participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, (iii) have the right to have (I) advisors of such person's own choosing and at such person's own expense, (II) the school paraprofessional assigned to such child or pupil, if any, (III) such child or pupil's birth-to-three service coordinator, if any, and (IV) a language interpreter, including a registered interpreter for persons who are deaf, hard of hearing or deafblind, who is present in person or available by telephone or through an online technology platform, or through an Internet web site or other electronic application approved by the State Board of Education, provided by the responsible local or regional board of education if there is an apparent need or upon the request of such parent, guardian, pupil or surrogate parent, who shall attend and participate or be available in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, and (iv) have the right to have each recommendation made in such child or pupil's birth-to-three individualized transition plan, as required by section 17a-248e, if any, addressed by the planning and placement team during such meeting at which an educational program for such child or pupil is developed.

(D) Immediately upon the formal identification of any child as a child requiring special education and at each planning and placement team meeting for such child, the responsible local or regional board of education shall inform the parent or guardian of such child or surrogate parent or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil of (i) the laws relating to special education, (ii) the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to special education, including the right of a parent, guardian or surrogate parent to (I) withhold from enrolling such child in kindergarten, in accordance with the provisions of section 10-184, (II) have advisors and the school paraprofessional assigned to such child or pupil attend and participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, in accordance with the provisions of subparagraph (C) of this subdivision, (III) obtain the plain language resources available on the Department of Education's Internet web site pursuant to subsection (g) of section 10-76h explaining the hearing and appeals process, as provided in section 10-76h, available to such child or pupil if there is a disagreement about the individualized education program, identification, evaluation or educational placement of or the provision of a free appropriate public education to such child or pupil, and (IV) receive information regarding free and low-cost legal assistance, and (iii) any relevant information and resources relating to individualized education programs created by the Department of Education, including, but not limited to, information relating to transition resources and services for high school students and the Parent's Guide to Special Education in Connecticut developed by the department. If such parent, guardian, surrogate parent or pupil does not attend a planning and placement team meeting, the responsible local or regional board of education shall mail such information to such person. Each responsible local or regional board of education shall provide a child or pupil's individualized education program, any documents relating to such program and all the information required pursuant to this subparagraph translated into the primary language spoken by such parent, guardian, surrogate parent or pupil if there is an apparent need or upon the request of the parent guardian, surrogate parent or pupil.

(E) Each local and regional board of education shall have in effect at the beginning of each school year an educational program for each child or pupil who has been identified as eligible for special education, and shall provide (i) the informational handout described in section 10-74v to each child with an individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973, and (ii) the Parent's Guide to Special Education in Connecticut developed by the Department of Education and the rights and resources available to such child in the provision of special education and related services.

(F) (i) At each initial planning and placement team meeting for a child or pupil, the responsible local or regional board of education shall inform the parent, guardian, surrogate parent or pupil of the laws relating to physical restraint and seclusion pursuant to section 10-236b and the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to physical restraint and seclusion and the right of such parent, guardian, surrogate parent or pupil, during such meeting at which an educational program for such child or pupil is developed, to have (I) such child or pupil's birth-to-three service coordinator attend and participate in all portions of such meeting, and (II) each recommendation made in the transition plan, as required by section 17a-248e, by such child or pupil's birth-to-three service coordinator addressed by the planning and placement team.

(ii) At the first planning and placement team meeting after a child who requires special education and related services reaches the age of fourteen, each responsible local or regional board of education shall provide information to the child and the parent, guardian or surrogate parent about the full range of decision-making supports, including alternatives to guardianship and conservatorship, and the online resource developed by the Department of Education pursuant to section 10-74s. The responsible local or regional board of education shall continue to provide such information to the child and the parent, guardian or surrogate parent at least annually thereafter.

(iii) Each responsible local or regional board of education shall provide the notice created by the Mediation Services Coordinator pursuant to subdivision (7) of subsection (a) of section 10-76z to each parent, guardian or surrogate parent of any child who requires special education by (I) distributing such notice to such parents, guardians or surrogate parents at the beginning of each school year, and (II) reading such notice out loud at the conclusion of the first planning and placement team meeting at the beginning of each school year.

(G) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide the results of the assessments and evaluations used in the determination of eligibility for special education for a child or pupil to such parent, guardian, surrogate parent or pupil at least three school days before the referral planning and placement team meeting at which such results of the assessments and evaluations will be discussed for the first time.

(H) Each local or regional board of education shall monitor the development of each child who, pursuant to subsection (a) of section 17a-248e, has been (i) referred for a registration on a mobile application designated by the Commissioner of Early Childhood, in partnership with such child's parent, guardian or surrogate parent, or (ii) provided a form for such child's parent, guardian or surrogate parent to complete and submit to such local or regional board of education that screens for developmental and social-emotional delays using a validated screening tool, such as the Ages and Stages Questionnaire and the Ages and Stages Social-Emotional Questionnaire, or its equivalent. If such monitoring results in suspecting a child of having a developmental delay, the board shall schedule a planning and placement team meeting with such child's parent, guardian or surrogate parent for the purposes of identifying services for which such child may be eligible, including, but not limited to, a preschool program under Part B of the Individuals with Disabilities Act, 20 USC 1471 et seq. If a parent, guardian or surrogate parent of any child referred for a registration on the mobile application or provided a form to complete and submit, pursuant to subsection (a) of section 17a-248e, fails to complete such registration or complete and submit such form after a period of six months from the date of such referral or provision of such form, the board shall send a reminder, in the form and manner determined by the board, to such parent, guardian or surrogate parent to complete such registration or complete and submit such form. The board shall send another reminder after a period of one year from such referral or provision of such form if such registration remains incomplete or such form is not submitted.

(I) Prior to any planning and placement team meeting for a child or pupil in which an educational program for such child or pupil is developed, reviewed or revised, if the parent, guardian, pupil or surrogate parent has requested that the school paraprofessional assigned to such child or pupil attend such meeting, then the responsible local or regional board of education shall provide (i) adequate notice of such meeting to such school paraprofessional so that such school paraprofessional may adequately prepare for such meeting, and (ii) training, upon request of such school paraprofessional, on the role of such school paraprofessional at such meeting. Following such meeting, such school paraprofessional, or any other paraprofessional who is providing special education or related services to such child, shall review such educational program with a supervisor, as needed, and be permitted to view such educational program in order to be able to provide special education or related services to such child or pupil in accordance with such educational program.

(11) Notwithstanding any provision of the general statutes, for purposes of Medicaid reimbursement, when recommended by the planning and placement team and specified on the individualized education program, a service eligible for reimbursement under the Medicaid program shall be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130, provided such service is recommended by an appropriately licensed or certified individual and is within the individual's scope of practice. Certain items of durable medical equipment, recommended pursuant to the provisions of this subdivision, may be subject to prior authorization requirements established by the Commissioner of Social Services. Diagnostic and evaluation services eligible for reimbursement under the Medicaid program and recommended by the planning and placement team shall also be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130 provided such services are recommended by an appropriately licensed or certified individual and are within the individual's scope of practice.

(12) The Commissioner of Social Services shall implement the policies and procedures necessary for the purposes of this subsection while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementing the policies and procedures. Such policies and procedures shall be valid until the time final regulations are effective.

(b) In accordance with the regulations of the State Board of Education, each local and regional board of education shall: (1) Provide special education for school-age children requiring special education who are described in subparagraph (A) of subdivision (5) of section 10-76a. The obligation of the school district under this subsection shall terminate when such child is graduated from high school or at the end of the school year during which such child reaches age twenty-two, whichever occurs first; and (2) provide special education for children requiring special education who are described in subparagraph (A) or (C) of subdivision (5) of section 10-76a. The State Board of Education shall define the criteria by which each local or regional board of education shall determine whether a given child is eligible for special education pursuant to this subdivision, and such determination shall be made by the board of education when requested by a parent or guardian, or upon referral by a physician, clinic or social worker, provided the parent or guardian so permits. To meet its obligations under this subdivision, each local or regional board of education may, with the approval of the State Board of Education, make agreements with any private school, agency or institution to provide the necessary preschool special education program, provided such private facility has an existing program which adequately meets the special education needs, according to standards established by the State Board of Education, of the preschool children for whom such local or regional board of education is required to provide such an education and provided such district does not have such an existing program in its public schools. Such private school, agency or institution may be a facility which has not been approved by the Commissioner of Education for special education, provided such private facility is approved by the commissioner as an independent school or licensed by the Office of Early Childhood as a child care center, group child care home or family child care home, as described in section 19a-77, or be both approved and licensed. The State Board of Education shall adopt or update regulations, in accordance with chapter 54, to implement the provisions of this subsection.

(c) Each local or regional board of education may provide special education for children requiring it who are described by subparagraph (B) of subdivision (5) of section 10-76a and for other exceptional children for whom provision of special education is not required by law.

(d) To meet its obligations under sections 10-76a to 10-76g, inclusive, any local or regional board of education may make agreements with another such board or subject to the consent of the parent or guardian of any child affected thereby, make agreements, or on and after July 1, 2019, enter into a contract with any private provider of special education services, as defined in section 10-91g, private school, or public or private agency or institution, including a group home to provide the necessary programs or services, but no expenditures made pursuant to a contract with a private provider of special education services, private school, agency or institution for such special education shall be paid under the provisions of section 10-76g, unless (1) such contract includes a description of the educational program and other treatment the child is to receive, a statement of minimal goals and objectives which it is anticipated such child will achieve, an estimated time schedule for returning the child to the community or transferring such child to another appropriate facility, and an explanation of how the tuition or costs for services provided under the agreement or contract are to be calculated, (2) subject to the provisions of this subsection, the educational needs of the child for whom such special education is being provided cannot be met by public school arrangements in the opinion of the commissioner who, before granting approval of such contract for purposes of payment, shall consider such factors as the particular needs of the child, the appropriateness and efficacy of the program offered by such private school, agency or institution, and the economic feasibility of comparable alternatives, and (3) commencing with the 1987-1988 school year and for each school year thereafter, each such private provider of special education services, private school, agency or institution has been approved for special education by the Commissioner of Education or by the appropriate agency for facilities located out of state, except as provided in subsection (b) of this section. Notwithstanding the provisions of subdivision (2) of this subsection or any regulations adopted by the State Board of Education setting placement priorities, placements pursuant to this section and payments under section 10-76g may be made pursuant to such a contract if the public arrangements are more costly than the private provider of special education services, private school, institution or agency, provided the private provider of special education services, private school, institution or agency meets the educational needs of the child and its program is appropriate and efficacious. Notwithstanding the provisions of this subsection to the contrary, nothing in this subsection shall (A) require the removal of a child from a nonapproved facility if the child was placed there prior to July 7, 1987, pursuant to the determination of a planning and placement team that such a placement was appropriate and such placement was approved by the Commissioner of Education, or (B) prohibit the placement of a child at a nonapproved facility if a planning and placement team determines prior to July 7, 1987, that the child be placed in a nonapproved facility for the 1987-1988 school year. Each child placed in a nonapproved facility as described in subparagraphs (A) and (B) of subdivision (3) of this subsection may continue at the facility provided the planning and placement team or hearing officer appointed pursuant to section 10-76h determines that the placement is appropriate. Expenditures incurred by any local or regional board of education to maintain children in nonapproved facilities as described in said subparagraphs (A) and (B) shall be paid pursuant to the provisions of section 10-76g. Any local or regional board of education may enter into a contract with the owners or operators of any sheltered workshop or rehabilitation center for provision of an education occupational training program for children requiring special education who are at least sixteen years of age, provided such workshop or institution shall have been approved by the appropriate state agency. Whenever any child is identified by a local or regional board of education as a child requiring special education and such board of education determines that the requirements for special education could be met by a program provided within the district or by agreement with another board of education except for the child's need for services other than educational services such as medical, psychiatric or institutional care or services, such board of education may meet its obligation to furnish special education for such child by paying the reasonable cost of special education instruction in a private provider of special education services, private school, hospital or other institution provided such board of education or the commissioner concurs that placement in such institution is necessary and proper and no state institution is available to meet such child's needs. Any such private provider of special education services, private school, hospital or other institution receiving such reasonable cost of special education instruction by such board of education shall submit all required documentation to such board of education for purposes of submitting claims to the Medicaid School Based Child Health Program administered by the Department of Social Services.

(e) (1) Any local or regional board of education which provides special education pursuant to any mandates in this section shall provide transportation, to and from, but not beyond the curb of, the residence of the child, unless otherwise agreed upon by the board and the parent or guardian of the child, tuition, room and board and other items necessary to the provision of such special education except for children who are placed in a residential facility because they need services other than educational services, in which case the financial responsibility of the school district and payment to such district shall be limited to the reasonable costs of special education instruction as defined in the regulations of the State Board of Education. If a hearing board, pursuant to subsection (d) of section 10-76h, rejects the educational program prescribed by the local or regional board of education and determines that a placement by a parent or guardian was appropriate, the local or regional board of education shall reimburse the parent or guardian for the reasonable costs incurred for the provision of special education pursuant to this section from the initiation of review procedures as provided by said section 10-76h.

(2) For purposes of this subdivision, “public agency” includes the offices of a government of a federally recognized Native American tribe. Notwithstanding any provision of the general statutes, for the fiscal year ending June 30, 1987, and each fiscal year thereafter, whenever a public agency, other than a local or regional board of education, the State Board of Education or the Superior Court acting pursuant to section 10-76h, places a child in a foster home, group home, hospital, state institution, receiving home, custodial institution or any other residential or day treatment facility, and such child requires special education, the local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education of the town where the child is placed, shall provide the requisite special education and related services to such child in accordance with the provisions of this section. Within one business day of such a placement by the Department of Children and Families or offices of a government of a federally recognized Native American tribe, said department or offices shall orally notify the local or regional board of education responsible for providing special education and related services to such child of such placement. The department or offices shall provide written notification to such board of such placement within two business days of the placement. Such local or regional board of education shall convene a planning and placement team meeting for such child within thirty days of the placement and shall invite a representative of the Department of Children and Families or offices of a government of a federally recognized Native American tribe to participate in such meeting. (A) The local or regional board of education under whose jurisdiction such child would otherwise be attending school shall be financially responsible for the reasonable costs of such special education and related services in an amount equal to the lesser of one hundred per cent of the costs of such education or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. (B) Whenever a child is placed pursuant to this subdivision, on or after July 1, 1995, by the Department of Children and Families and the local or regional board of education under whose jurisdiction such child would otherwise be attending school cannot be identified, the local or regional board of education under whose jurisdiction the child attended school or in whose district the child resided at the time of removal from the home by said department shall be responsible for the reasonable costs of special education and related services provided to such child, for one calendar year or until the child is committed to the state pursuant to section 46b-129 or 46b-140 or is returned to the child's parent or guardian, whichever is earlier. If the child remains in such placement beyond one calendar year the Department of Children and Families shall be responsible for such costs. During the period the local or regional board of education is responsible for the reasonable cost of special education and related services pursuant to this subparagraph, the board shall be responsible for such costs in an amount equal to the lesser of one hundred per cent of the costs of such education and related services or the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f. The State Board of Education shall pay on a current basis, except as provided in subdivision (3) of this subsection, any costs in excess of such local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision. The costs for services other than educational shall be paid by the state agency which placed the child. The provisions of this subdivision shall not apply to the school districts established within the Department of Children and Families, pursuant to section 17a-37 or the Department of Correction, pursuant to section 18-99a, provided in any case in which special education is being provided at a private residential institution, including the residential components of regional educational service centers, to a child for whom no local or regional board of education can be found responsible under subsection (b) of this section, Unified School District #2 shall provide the special education and related services and be financially responsible for the reasonable costs of such special education instruction for such children. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal year ending June 30, 2010, and each fiscal year thereafter, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be calculated in accordance with the provisions of subsections (d) and (e) of section 10-76g if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.

(3) Payment for children who require special education and who reside on state-owned or leased property, and who are not the educational responsibility of the unified school districts established pursuant to section 17a-37 or section 18-99a, shall be made in the following manner: The State Board of Education shall pay to the school district which is responsible for providing instruction for each such child pursuant to the provisions of this subsection one hundred per cent of the reasonable costs of such instruction. In the fiscal year following such payment, the State Board of Education shall deduct from the special education grant due the local or regional board of education under whose jurisdiction the child would otherwise be attending school, where such board has been identified, the amount for which such board would otherwise have been financially responsible pursuant to the provisions of subdivision (2) of this subsection. No such deduction shall be made for any school district which is responsible for providing special education instruction for children whose parents or legal guardians do not reside within such district. The amount deducted shall be included as a net cost of special education by the Department of Education for purposes of the state's special education grant calculated pursuant to section 10-76g. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, and June 30, 2005, and for the fiscal years ending June 30, 2012, and June 30, 2013, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.

(4) Notwithstanding any other provision of this section, the Department of Mental Health and Addiction Services shall provide regular education and special education and related services to eligible residents in facilities operated by the department who are eighteen to twenty-one years of age. In the case of a resident who requires special education, the department shall provide the requisite identification and evaluation of such resident in accordance with the provisions of this section. The department shall be financially responsible for the provision of educational services to eligible residents. The Departments of Mental Health and Addiction Services, Children and Families and Education shall develop and implement an interagency agreement which specifies the role of each agency in ensuring the provision of appropriate education services to eligible residents in accordance with this section. The Department of Mental Health and Addiction Services shall be responsible for one hundred per cent of the reasonable costs of such educational services provided to eligible residents of such facilities.

(5) Application for the grant to be paid by the state for costs in excess of the local or regional board of education's basic contribution shall be made by such board of education by filing with the State Board of Education, in such manner as prescribed by the Commissioner of Education, annually on or before December first a statement of the cost of providing special education, as defined in subdivision (2) of this subsection, for a child of the board placed by a state agency in accordance with the provisions of said subdivision or, where appropriate, a statement of the cost of providing educational services other than special educational services pursuant to the provisions of subsection (b) or (g) of section 10-253, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. The amount due each town pursuant to the provisions of this subsection and the amount due to each town as tuition from other towns pursuant to this section shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant or tuition received, or a portion of such grant or tuition, which relates to special education expenditures incurred pursuant to subdivisions (2) and (3) of this subsection in excess of such board's budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. The state shall notify the local or regional board of education when payments are made to the treasurer of the town pursuant to this subdivision.

(f) No children placed out primarily for special education services shall be placed in a private school, agency or institution outside of the state, except when in the opinion of the Commissioner of Education it is determined that: (1) No public or approved private facility which can reasonably provide appropriate special education programs for such children is available in the state; (2) no public or approved private facility which can reasonably provide appropriate special education programs for such children is available in the state and the out-of-state placement is required for a period of time not to exceed two years, during which time the local or regional board of education responsible for providing such children with a special education shall develop an appropriate special education program or cause such program to be developed within the state; or (3) an out-of-state placement is more economically feasible than an existing special education program in the state or any such program that could be developed within the state within a reasonable period of time. No placement in an out-of-state private special education school, agency or facility shall be approved unless such school, agency or facility first agrees in writing to submit to the state Department of Education any such financial program and student progress reports as the commissioner may require for the purpose of making an annual determination as to the economic feasibility and program adequacy of the special education program provided. The provisions of this subsection shall not apply to children placed out primarily for services other than educational services as described in subsection (d) of this section.

(g) (1) Each local or regional board of education shall review annually and make a report as to the progress of each child for whom such board is obligated to provide a special education and who receives special education services in any private school, agency or institution and shall, upon request of the commissioner, submit such reports to the State Board of Education.

(2) Whenever a local or regional board of education determines that a child who has for three years received special education services in private facilities pursuant to subsection (d) of section 10-76d must receive such services from private facilities for an additional period of time, the State Board of Education, shall annually thereafter review the progress of such child prior to approving or disapproving for purposes of reimbursement, pursuant to subsection (d) of section 10-76d, any continuation of private placement, considering such factors as the educational and other needs of the child.

(h) The provisions of this section and sections 10-76a, 10-76b, 10-76c, 10-76f and 10-76g shall not be construed to relieve any insurer or provider of health or welfare benefits from paying any otherwise valid claim.

(i) (1) No local or regional board of education shall discipline, suspend, terminate or otherwise punish any member of a planning and placement team employed by such board who discusses or makes recommendations concerning the provision of special education and related services for a child during a planning and placement team meeting for such child.

(2) No birth-to-three service coordinator or qualified personnel, as those terms are defined in section 17a-248, who discusses or makes recommendations concerning the provision of special education and related services for a child during a planning and placement team meeting for such child or in a transition plan, as required by section 17a-248e, shall be subject to discipline, suspension, termination or other punishment on the basis of such recommendations.

(3) No local or regional board of education shall discipline, suspend, terminate or otherwise punish any school employee, as defined in section 10-222d, who discusses or makes recommendations concerning the provision of services or accommodations for a student as part of a plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, during any meeting held to discuss such plan for such student.

(1967, P.A. 627, S. 4, 11; 1969, P.A. 793, S. 2; P.A. 73-111; P.A. 75-255; 75-364; 75-521, S. 3, 6; 75-585; P.A. 76-310, S. 1, 2; 76-341; P.A. 77-36; 77-614, S. 302, 610; P.A. 78-218, S. 65; P.A. 79-128, S. 19, 36; P.A. 80-113, S. 1, 2; 80-138, S. 2, 3; P.A. 81-187; 81-432, S. 1, 11; P.A. 82-311, S. 1, 4; P.A. 83-169, S. 8; 83-265, S. 1, 2; P.A. 84-255, S. 7, 21; P.A. 85-473, S. 1, 3; 85-491, S. 1, 3; P.A. 86-333, S. 6, 32; P.A. 87-324, S. 1, 2; 87-499, S. 2, 25, 26, 34; P.A. 88-360, S. 11, 12, 63; P.A. 89-315, S. 1, 3; P.A. 90-230, S. 14, 101; P.A. 91-16, S. 1, 2; 91-277, S. 4, 6; P.A. 92-170, S. 8, 26; 92-262, S. 10, 11, 42; P.A. 93-91, S. 1, 2; 93-352, S. 1, 3; 93-353, S. 47, 52; 93-381, S. 9, 39; P.A. 94-245, S. 29, 41, 46; May Sp. Sess. P.A. 94-6, S. 1, 28; P.A. 95-237, S. 1, 5, 7; 95-257, S. 11, 12, 21, 32, 58; 95-259, S. 10, 32; P.A. 96-146, S. 2–4, 12; P.A. 97-114, S. 1, 2; P.A. 98-168, S. 2, 3, 26; 98-252, S. 8, 80; P.A. 99-279, S. 4, 45; P.A. 00-48, S. 3, 10–12; June Sp. Sess. P.A. 01-1, S. 39, 54; June 30 Sp. Sess. P.A. 03-3, S. 54; June 30 Sp. Sess. P.A. 03-6, S. 3, 4, 244, 245; P.A. 05-141, S. 3; 05-245, S. 18; P.A. 06-13, S. 4; 06-18, S. 1–3; 06-188, S. 26; P.A. 07-73, S. 2(a); 07-147, S. 5; Sept. Sp. Sess. P.A. 09-5, S. 61; Sept. Sp. Sess. P.A. 09-6, S. 45; P.A. 11-48, S. 179; 11-51, S. 29; P.A. 12-116, S. 67; 12-173, S. 1; P.A. 13-40, S. 9; 13-247, S. 161; P.A. 14-39, S. 3; 14-231, S. 64; P.A. 15-141, S. 8; 15-209, S. 1; June Sp. Sess. P.A. 15-5, S. 249, 277; P.A. 16-163, S. 27; June Sp. Sess. P.A. 17-2, S. 51, 52, 578; P.A. 18-182, S. 15; 18-183, S. 6; P.A. 19-49, S. 1; 19-117, S. 266; 19-184, S. 1; P.A. 21-46, S. 25, 26; 21-144, S. 1; June Sp. Sess. P.A. 21-2, S. 367; P.A. 22-116, S. 9; P.A. 23-1, S. 9; 23-137, S. 32, 39, 40, 52; 23-150, S. 16; 23-159, S. 12.)

History: 1969 act amended Subsec. (a) to delete reference to repealed Sec. 10-94a, to substitute Sec. 10-76g for 10-76h and to require school board to “prescribe suitable educational programs for eligible children”, amended Subsec. (b) to delete provisions concerning special classes for educable and trainable mentally retarded children, making former Subdiv. (2) applicable to all children requiring special education and renumbering Subdivs. (2) and (3) as (1) and (2), made minor changes to Subsecs. (c) and (d) and added provisions in Subsec. (d) concerning school board's payments to meet child's needs in private school, hospital or other institution and amended Subsec. (e) to add limitation on board's financial responsibility toward expenses of children placed in residential facilities; P.A. 73-111 amended Subsec. (a) to replace Sec. 10-76g with 10-76h reference and to require boards to inform parents of children requiring special education of special education laws; P.A. 75-255 amended Subsec. (a) to require notice to parents of meeting to prepare educational program for child and to allow parent's participation in meeting; P.A. 75-364 amended Subsec. (d) to clarify provisions concerning private schools which may supply child's needs; P.A. 75-521 added Subsecs. (f) and (g); P.A. 75-585 added provisions in Subsec. (b) concerning preschool education supplied through private school; P.A. 76-310 required that contracts between school board and private school contain program description, goals and objectives of child's progress and timetable for returning child to community or transferring him to another institution in order for expenses to be reimbursable; P.A. 76-341 added Subsec. (g)(2) re children in private facilities for more than three years; P.A. 77-36 amended Subsec. (a) to allow parents to have advisors at meetings to determine child's educational program; P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective January 1, 1979; P.A. 78-218 substituted “board of education” for “district” and “local” for “town”; P.A. 79-128 substituted “grant” for “reimbursement” in Subsec. (b) and “payment” for “reimbursement” in Subsecs. (d) and (e); P.A. 80-113 added Subsec. (h); P.A. 80-138 amended Subsec. (e) to provide for reimbursement of parent or guardian when parent's placement preferred to board's program by hearing board; P.A. 81-187 amended Subsec. (e) to specify transportation of children requiring special education be “curb-to-curb” transportation to and from child's residence, unless otherwise agreed upon by the board and child's parent or guardian; P.A. 81-432 added Subsec. (e)(2) and (3) clarifying educational and financial responsibility for children placed by public agencies; P.A. 82-311 amended Subsec. (e) clarifying provisions of P.A. 81-432 concerning state agency placements of children by: Limiting school board responsibility for transporting handicapped children “curb to curb” to mean not beyond the curb of their residence, clarifying that the educational and financial responsibility for children for whom no other board of education can be identified rests with the school district in which the child is placed, requiring the placing agency to provide to the district where the child is placed current and accurate information for the purpose of determining if a responsible school district exists, creating a uniform system of payments for towns which educate children who reside on state property, and clarifying that funding or tuition received by school boards for educating handicapped children placed by state agencies is credited to the school board's accounts only when such payments exceed the receiving board's budget estimates for educating these children; P.A. 83-169 amended Subsec. (e) to delete reference to “special” school districts; P.A. 83-265 clarified provisions relating to payment for children who reside on state-owned or leased property or in permanent family residences and who are not educational responsibility of unified school districts; P.A. 84-255 amended Subsec. (a) deleting obsolete provision relating to the exclusion or exemption from school privileges of any child requiring special education; P.A. 85-473 inserted new Subsec. (e)(4) re residents of department of mental health facilities who are between the ages of 18 and 21, renumbering former Subdiv. (4) accordingly; P.A. 85-491 amended Subsec. (e)(3) to provide that adoption of a child residing in a permanent family residence by a person providing foster care in the residence does not affect school district's eligibility for reimbursement; P.A. 86-333 in Subsec. (e)(2) substituted 1987 for 1982 and added placements in day treatment facilities to types of placements to which the subdivision applies, in Subsec. (e)(4) provided that boards submit reports of expenditures and that grant adjustments be made for overpayments or underpayments, in Subsec. (e)(5) substituted October for September as the time on or before which estimates of the cost of providing special education must be filed and made other technical changes; P.A. 87-324, in Subsec. (a), provided for individual transition plans commencing with the 1988-1989 school year; P.A. 87-499 amended Subsec. (b) to describe when a private facility need not be approved by the commissioner of education, added Subsec. (d)(3) requiring, with phase-in provisions, that private facilities be approved and changed a payment date in Subsec. (e)(4) from August to September and the report submission date from January to August fifteenth; P.A. 88-360 in Subsec. (a) increased the minimum number of school days for prior notice of a planning and placement team meeting from 3 to 5 and in Subsec. (e)(4) added references to the Connecticut alcohol and drug abuse commission; P.A. 89-315 in Subsec. (a) added provisions re reimbursement from Medicaid for special education costs and made a technical change; P.A. 90-230 made a technical change in Subsec. (b); P.A. 91-16 divided Subsec. (a) into Subdivs., limited the determination of eligibility for Medicaid to towns in which the number of children receiving aid to families with dependent children exceeds 75, and added language requiring parents or guardians to be notified of the possible consequences of accessing private insurance and prohibiting the denial of special education due to refusal to access private insurance or Medicaid; P.A. 91-277 made a technical change in Subsec. (e)(1); the references in Subdivs. (2) and (3) of Subsec. (e) to “section 17a-38” were corrected editorially to “section 17a-37” in 1993; P.A. 92-170 amended Subsec. (e) to require that board of education be notified when payments are made to town treasurer; P.A. 92-262 amended Subsec. (a)(6) to add provisions concerning transition services and authorized transition services as part of a child's program before his fifteenth birthday and amended Subsec. (d) to add the reference to group homes; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-352 designated Subsec. (e)(4) as Subpara. (A) and deleted provisions dealing with the department of mental health and added separate Subpara. (B) concerning the department of mental health, effective August 15, 1993; P.A. 93-353 amended Subsec. (a) to specify in Subdiv. (7) that notice shall be given before the board proposes to or refuses to initiate or change the child's identification, evaluation, or educational placement and added requirement that each board have in effect at the beginning of the school year an educational program for each child who has been identified as eligible for special education, effective July 1, 1993; P.A. 93-381 replaced department and commissioner of health services and Connecticut alcohol and drug abuse commission and executive director with department and commissioner of public health and addiction services, respectively, effective July 1, 1993; P.A. 94-245 amended Subsec. (b) to remove obsolete language concerning preschool special education, effective June 2, 1994, and amended Subsec. (e)(2) to add provisions dealing with school districts which have a large number of children placed in foster homes, effective July 1, 1994; May Sp. Sess. P.A. 94-6 amended Subsec. (a)(2) to change the criteria for towns to be required to determine Medicaid eligibility from any town in which the number of children exceeds 75 to any town in which the “average number of children ages three to twenty-one enrolled in the Medicaid program on October first of each of the previous three years equals or exceeds one thousand”, to remove requirement for the towns to request permission of the parent or guardian of such child to access private insurance and to notify them that accessing private insurance may affect benefits available through such insurance or costs to be paid to maintain such insurance, to replace the requirement for the board of education to request written permission of the parent or guardian to request Medicaid payment and to request such payment with a requirement, upon notification by the planning and placement team that the child is a recipient, to submit documentation of the provision and costs of Medicaid eligible special education and related services to the commissioner; added Subdivs. (4) to (7), inclusive, re Medicaid eligible payments and grants and renumbered Subdivs. (8) to (11), inclusive, in Subdiv. (8) requiring that payments be made to the town or regional school district which has incurred such costs and be deemed to be appropriated to the board of education and removed language limiting the districts use of such payments and in Subdiv. (9) changing the date for notification of whether a town will be required to comply from “by August 1, 1991” and “annually thereafter” to “by July 30, 1994, and by April first annually thereafter” and making the description of the children consistent with Subdiv. (2), effective July 1, 1994; P.A. 95-237 amended Subsec. (a)(11) to increase the requirements for notification and to make technical changes in said Subdiv. and amended Subsec. (e) to change the party who is financially liable for the cost of special education for children placed by the Department of Children and Families after July 1, 1995, in cases in which the local or regional board of education under whose jurisdiction the child would otherwise be attending school cannot be identified and to make numerous technical changes, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995 and deleted Subsec. (e)(4)(A) re services by the former Department of Public Health and Addiction Services and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 95-259 amended Subsec. (a)(2) to raise the threshold for the determination of Medicaid eligibility from 1,000 to 5,000 children, effective July 6, 1995; P.A. 96-146 amended Subsec. (a)(2) to (4), inclusive, to substitute determination of a child's Medicaid enrollment status for a determination of whether a child is eligible for Medicaid, to provide for the sharing of information with the state's Medicaid agent for specified purposes, to add references to the commissioner's authorized agent and to make technical changes and made technical changes in Subsecs. (b) and (c), effective July 1, 1996, and amended Subsec. (e)(2) to add the notification requirements for the Department of Children and Families and the requirement for the convening of a planning and placement team meeting within 30 days of placement and participation of said department at the meeting, to remove a requirement that said department meet with representatives of the board of education under whose jurisdiction the child attended school or in whose district the child resided at the time of removal to review the child's individualized education plan, to cap the financial responsibility of a board of education during the period it is responsible for the cost of special education and related services and to provide for the payment of any costs in excess of such board's basic contributions by the State Board of Education on a current basis, and to add provision concerning the responsibility of Unified School District #2 for the provision of special education and related services and the cost of such education and services provided at a private residential institution to a child for whom no local or regional board of education can be found responsible under Subsec. (b), effective May 29, 1996; P.A. 97-114 amended Subsec. (d) to add provision that notwithstanding Subdiv. (2) and regulations concerning placement priorities, placements and payment pursuant to Sec. 10-76g may be made if public arrangements are more costly and private facilities meet the educational needs of the child and their programs are suitable and efficacious, effective July 1, 1997; P.A. 98-168 amended Subsec. (b) to make a technical change and amended Subsec. (e)(2) to change one method for determining the financial responsibility of local and regional boards of education from “two and one-half times” the average to the average per pupil educational costs, effective July 1, 1998; P.A. 98-252 amended Subsec. (e)(5) to change the time frames for the original submission from October to December, for the claim for additional children or costs from April to February and for the payments from December and June to February and April, to increase the amount of the first payment from 50% to 75% and to make technical changes, effective July 1, 1998 (Revisor's note: In Subsec. (a)(11) a reference to “… pupil who is an emaciated minor …” was changed editorially by the Revisors to “… pupil who is an emancipated minor …” to correct an error in the codification of P.A. 95-237); P.A. 99-279 amended Subsec. (a)(2) by deleting requirement that local or regional board of education determine Medicaid enrollment status of children for any town in which the average number of children ages 3 to 21 enrolled in the Medicaid program equals or exceeds 5,000 and by substituting in lieu thereof that any local or regional board of education may determine a child's Medicaid enrollment status and by adding “For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on an actual cost method, the local or regional board of education shall submit documentation of the costs and utilization of Medicaid eligible special education and related services for all students receiving such services to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed.” and provision authorizing commissioner to use information received from local or regional boards of education for purposes of determining Medicaid rates for Medicaid eligible special education and related services, deleted all provisions in former Subsec. (a)(3) and (4), adding in new Subdiv. (3) provisions as follows: “Beginning with the fiscal year ending June 30, 2000, the Commissioner of Social Services shall make grant payments to local or regional boards of education in amounts representing 60% of the federal portion of Medicaid claims processed for Medicaid eligible special education and related services provided to Medicaid eligible students in the school district. Such grant payments shall be made on at least a quarterly basis and may represent estimates of amounts due to local or regional boards of education. Any grant payments made on an estimated basis, including payments made by the Department of Education for the fiscal years prior to the fiscal year ending June 30, 2000, shall be subsequently reconciled to grant amounts due based upon filed and accepted Medicaid claims and Medicaid rates. If, upon review, it is determined that a grant payment or portion of a grant payment was made for ineligible or disallowed Medicaid claims, the local or regional board of education shall reimburse the Department of Social Services for any grant payment amount received based upon ineligible or disallowed Medicaid claims.”, deleting from the new Subdiv. (4) (formerly Subdiv. (5)) requirement that rates for Medicaid eligible special education and related services be determined annually and that such rates reflect the reasonable average monthly cost per student of Medicaid eligible special education and related services for the current year, deleted all provisions in former Subsec. (a)(7), substituting in the new Subdiv. (6) (formerly Subdiv. (8)) “local or regional board of education” for “town or regional school district”, deleted all provisions in former Subdiv. (9), renumbering the remaining Subdivs. accordingly, added in new Subsec. (a)(9) provisions re regulations and made technical changes throughout, effective July 1, 1999; P.A. 00-48 rewrote Subsec. (a)(7), changing the time frame for the development of the statement of transition service needs from age 15 to age 14 and requiring the statement to focus on courses of study, made a technical change in Subsec. (d) and amended Subsec. (e)(4) to change the time for the payment of 85% of the estimated cost from September to July, effective July 1, 2000; June Sp. Sess. P.A. 01-1 amended Subsec. (e)(5) to change the submission deadline for claims from February to March first and to change the date for the payment of the balance from April to May, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (a)(3) to provide that beginning in the fiscal year ending June 30, 2004, grant payments made by the Commissioner of Social Services to local or regional boards of education shall be reduced from 60% to 50% of the federal portion of Medicaid claims processed for Medicaid eligible special education and related services provided to Medicaid eligible students in the school district”, effective August 20, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a)(1) by changing “school-age children” to “children”, amended Subsec. (a)(7) by adding provision re federal Individuals With Disabilities Education Act and by deleting provisions re a student's individualized education program and a detailed provision of transition services including interagency responsibilities, and amended Subsec. (e)(2) by making a technical change, adding language re proportional reductions in grants for fiscal years ending June 30, 2004, and June 30, 2005, in Subdivs. (2) and (3), effective August 20, 2003; P.A. 05-141 added new Subsec. (a)(9) re services deemed eligible for reimbursement under the Medicaid program, redesignating existing Subdiv. (9) as Subdiv. (10), effective June 24, 2005; P.A. 05-245 amended Subsec. (e)(2) to include offices of a government of a federally recognized Native American tribe as a public agency making placements and to extend the proportional reduction of grants through the fiscal year ending June 30, 2007, effective July 1, 2005; P.A. 06-13 made technical changes in Subsec. (e)(1), effective May 2, 2006; P.A. 06-18 amended Subsec. (a)(1) by replacing “suitable” with “appropriate” and adding language re the Controlled Substances Act and the Individuals with Disabilities Education Act, amended Subsec. (d) by changing “suitability” to “appropriateness” and “suitable” to “appropriate”, and amended Subsec. (f) by changing “suitable” to “appropriate”, effective July 1, 2006; P.A. 06-188 amended Subsec. (a)(9) to insert provision notwithstanding the general statutes, provide that certain recommended items of durable medical equipment, eligible for reimbursement under the Medicaid program, may be subject to prior authorization requirements established by the Commissioner of Social Services, delete requirement that diagnostic and evaluation services be specified on the individualized education program for Medicaid reimbursement purposes and make a technical change, effective July 1, 2006; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 07-147 amended Subsec. (a)(8) by designating existing language as Subpara. (A) and adding Subpara. (B) to require local or regional boards of education at each initial planning and placement team meeting to inform the parent, guardian, surrogate parent or pupil of laws relating to physical restraint and seclusion; Sept. Sp. Sess. P.A. 09-5 amended Subsec. (a)(3) by adding provision requiring Commissioner of Social Services to exclude enhanced federal medical assistance percentages in calculating federal portion of Medicaid claims processed beginning with fiscal year 2009, effective October 5, 2009; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (e)(2) to extend proportional reduction of grants through the fiscal year ending June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (e)(2) and (3) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 11-51 amended Subsec. (e)(5) to add reference to Sec. 10-253(g), effective July 1, 2011; P.A. 12-116 amended Subsec. (e)(4) by deleting “State Board of Education shall pay to the”, adding “shall be responsible for” re Department of Mental Health and Addiction Services and deleting provision re payment schedule, effective July 1, 2012; P.A. 12-173 amended Subsec. (a)(8) by adding “responsible for providing special education and related services to a child or pupil” in Subpara. (A), adding new Subpara. (B) re meeting to discuss planning and placement team process and concerns, designating existing provision re notice and participation at planning and placement team meeting as Subpara. (C), designating existing provision re board of education to provide information as Subpara. (D) and amending same to designate existing provisions re laws and rights as clauses (i) and (ii) and add clause (iii) re relevant information and resources, designating existing provision re education program in effect at beginning of school year as Subpara. (E) and making conforming changes in same, redesignating existing Subpara. (B) as Subpara. (F) and adding Subpara. (G) re results of assessments and evaluations to be provided prior to referral planning and placement team meeting, effective July 1, 2012; P.A. 13-40 amended Subsec. (e)(3) by deleting provisions re permanent family residences; P.A. 13-247 amended Subsec. (e)(2) to extend proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; P.A. 14-39 amended Subsec. (a)(8)(D)(ii) by adding provision re right of parent, guardian or surrogate parent to withhold enrolling child in kindergarten, effective May 28, 2014; P.A. 14-231 amended Subsec. (e) by deleting references to Department of Developmental Services and Sec. 17a-240 in provision re applicability of subdivision in Subdiv. (2) and deleting reference to Sec. 17a-240 in Subdiv. (3), effective July 1, 2014; P.A. 15-141 amended Subsec. (a) by making a technical change in Subdiv. (2) and replacing reference to Ch. 814e with reference to Sec. 10-236b in Subdiv. (8)(F), effective July 1, 2015; P.A. 15-209 amended Subsec. (a)(8)(D)(iii) by adding provision re information relating to transition resources and services for high school students, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (a)(8) by designating existing language in Subpara. (C) as clauses (i) to (iii) and amending same to add “all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised”, “have the right” and “and to have the school paraprofessional assigned to such child or pupil, if any”, designating existing language re withhold from enrolling child in kindergarten in Subpara. (D) as subclause (I) and adding subclause (II) re advisors and school paraprofessional to be present at and participate in all portions of meeting, and making conforming changes, amended Subsec. (e)(2) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; P.A. 16-163 amended Subsec. (b) by replacing “Department of Public Health as a day care or nursery facility” with “Office of Early Childhood as a child care center, group child care home or family child care home, as described in section 19a-77,”, effective June 9, 2016; June Sp. Sess. P.A. 17-2 amended Subsec. (a) by adding new Subdivs. (2) and (3) re Medicaid School Based Child Health Program, redesignating existing Subsec. (2) as Subsec. (4) and amending same by replacing “may” with “shall” re determination of child's Medicaid enrollment status, designating existing provisions re request that parent or guardian of child apply for Medicaid as new clause (i) and adding new clause (ii) re compliance with requirements prior to billing for services, and redesignating existing clauses (i) to (iv) as subclauses (I) to (IV), redesignating existing Subdivs. (3) to (10) as Subdivs. (5) to (12), amended Subsec. (d) by adding provision re submitting claims to Medicaid School Based Child Health Program, amended Subsec. (e)(2) by replacing “June 30, 2017” with “June 30, 2019” re reduction of grants, and made technical and conforming changes, effective October 31, 2017; P.A. 18-182 amended Subsec. (a)(2) by adding provisions re cost benefit analysis and exemption for boards of education with student populations less than one thousand students, effective June 14, 2018; P.A. 18-183 amended Subsec. (d) by adding provision re authorizing board of education, on and after July 1, 2019, to enter into contract with private provider of special education services, adding provision re explanation of how tuition or costs for services provided under agreement or contract are to be calculated, adding references to private provider of special education services, and making conforming changes, effective July 1, 2018; P.A. 19-49 amended Subsec. (a)(9) by adding provisions re transitional services requirements for children with autism at least 14 years of age, effective July 1, 2019; P.A. 19-117 amended Subsec. (e)(2) to extend proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; P.A. 19-184 added Subsec. (i) re prohibition on disciplining, suspending, terminating or otherwise punishing member of planning and placement team for discussing or making recommendations during planning and placement team meeting, effective July 1, 2019; P.A. 21-46 amended Subsec. (a)(10) by adding provision re parent, guardian, pupil or surrogate parent's right to have child or pupil's birth-to-three service coordinator attend and participate in planning and placement team meeting at which educational program for child or pupil is developed, reviewed or revised in Subpara. (C)(iii), adding Subpara. (C)(iv) re right to have recommendations made in birth-to-three transition plan addressed by planning and placement team, substituting “attend and participate in all portions” for “to be present at, and to participate in, all portions” in Subpara. (D), designating existing provisions in Subpara. (F) re laws and rights relating to physical restraint and seclusion as Subpara. (F)(i), adding Subpara. (F)(ii) re right to have birth-to-three service coordinator attend and participate in planning and placement team meeting and recommendations made by birth-to-three service coordinator addressed by planning and placement team, adding Subpara. (H) requiring local and regional boards of education to monitor development of certain children, schedule planning and placement team meetings and send reminder to parent, guardian or surrogate parent of child referred for registration on mobile application, and making technical and conforming changes, and amended Subsec. (i) by designating existing provision as Subdiv. (1) and adding Subdiv. (2) re prohibition on punishment of birth-to-three service coordinator or qualified personnel, effective July 1, 2021; P.A. 21-144 amended Subsec. (a)(9) by replacing “update annually” with “include”, adding “in the individualized education program”, replacing “. Commencing not later than the date on which the first individual education program takes effect for a child who is at least fourteen years of age and diagnosed with autism spectrum disorder, such” with “, beginning not later than the first individualized education program to be in effect when such child becomes fourteen years of age, or younger if the planning and placement team determines it is appropriate. Such individualized education”, replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”, and making technical and conforming changes, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (e)(2) to extend proportional reduction of grants through fiscal year ending June 30, 2023, effective July 1, 2021; P.A. 22-116 amended Subsec. (a)(10) by adding Subpara. (I) re notice and training provided to paraprofessional prior to planning and placement team meeting and any paraprofessional providing services to a child permitted to view child's educational program, effective July 1, 2022; P.A. 23-1 amended Subsec. (e)(2) by replacing provision re proportional reduction of grants if total amount of grants payable exceed amount appropriated with provision re amount of grants calculated in accordance with provisions of Sec. 10-76g(d) and (e) and making technical changes, effective February 14, 2023; P.A. 23-137 amended Subsec. (a)(9) by designating existing provisions re inclusion of statement of transition service needs in an individualized education program as Subpara. (A), redesignating existing Subparas. (A) and (B) as clauses (i) and (ii), adding new Subpara. (B) re requirements for planning and placement team meetings when child reaches age 14 and adding Subpara. (C) re requirements for planning and placement team meetings 2 years prior to graduation or end of school year in which a child reaches age 22, amended Subsec. (a)(10) by adding Subpara. (C)(iii)(IV) re attendance of a language interpreter at planning and placement team meetings, adding provision in Subpara. (D) re boards of education to provide individualized education programs and other documents translated into the primary language of a parent or pupil, adding Subpara. (D)(ii)(III) re obtaining a plain language resource explaining the hearing and appeals process, adding provision in Subpara. (D)(iii) re informing parents and pupils about the Parent's Guide to Special Education in Connecticut, adding Subparas. (E)(i) and (E)(ii) re provision of the informational handout described in Sec. 10-74v and the Parent's Guide to Special Education in Connecticut, respectively, redesignating existing provisions of Subpara. (F) as clause (i), removing existing designators Subparas. (F)(i) and (F)(ii) and adding new Subpara. (F)(ii) re provision of information about decision-making supports and Subpara. (F)(iii) re provision of notice about mediation services, amended Subsec. (b) by changing deadline for termination of school district obligations from reaching age 21 to end of school year during which a child reaches age 22, effective July 1, 2023; P.A. 23-159 amended Subsec. (a)(10)(I) by adding provision re paraprofessional to review educational program with supervisor, effective July 1, 2023; P.A. 23-150 amended Subsec. (i) by adding Subdiv. (3) re prohibition on disciplining, suspending, terminating or otherwise punishing any school employee for discussing or making recommendations during meeting to discuss provision of services or accommodations for a student under Section 504 of the Rehabilitation Act of 1973, effective July 1, 2023.

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Sec. 10-76f. Definition of terms used in formula for state aid for special education. For the purposes of sections 10-76a to 10-76g, inclusive:

(1) “Per pupil cost” in a school district is the quotient of net current expenditures and such school district's average daily membership.

(2) “Special education instructional personnel” includes those employees of a board of education who, for at least one-half of their employment time, are assigned exclusively to the task of implementing or supervising special education programs. “Pupil personnel staff” includes those employees of a board of education who, for at least one-third of their employment time, are assigned exclusively to the task of identifying and implementing special education programs and services.

(3) “Special education equipment and materials” means such equipment and materials as are used primarily to implement special education in accordance with regulations made pursuant to said sections.

(4) “Special education tuition” means the tuition, board, room and other fees paid to another public or private school, agency or institution by a board of education to meet the educational needs of children requiring special education, provided such payments have been pursuant to an agreement approved by the commissioner.

(5) “Special education transportation costs” are the amounts paid by a claimant town or regional board of education for transporting any child to and from any clinic, physician's office, agency or institution to which the board requests the child go for the purposes of determining the need for special education and amounts paid for transporting such child to and from any school, agency or institution for the purposes of special education unless such transportation is on a bus which is transporting, at the same time, children in the standard educational program provided by the claimant board.

(6) “Special education rent” means any expenditure for rental of space or equipment to implement special education in accordance with regulations made pursuant to said sections.

(7) “Special education consultant services” means noninstructional services rendered concerning children requiring special education by professional persons other than employees of a board of education for programs approved pursuant to said sections.

(8) “Net cost of special education” means the result obtained by subtracting from the expenditures made by a claimant board for special education personnel, equipment, materials, tuition, transportation, rent and consultant services, (A) the total amount of any funds from other state or federal grants, private grants or special education tuition received by the board or town in such year and used to implement special education programs approved pursuant to said sections, (B) the total amount of any funds from Medicaid payments expended by the board in such year and used to implement special education programs, and (C) expenditures for special education provided to children requiring special education who are described in subparagraph (B) of subdivision (5) of section 10-76a.

(9) “Net current expenditures” has the same meaning as provided in section 10-261.

(10) “Average daily membership” has the same meaning as provided in section 10-261.

(11) “Net current expenditures per pupil” means the quotient of net current expenditures of a school district and such school district's average daily membership.

(1967, P.A. 627, S. 7; 1969, P.A. 793, S. 4; P.A. 75-521, S. 4, 6; P.A. 76-428, S. 1, 2; P.A. 77-30, S. 1, 2, 3; 77-614, S. 302; P.A. 78-248, S. 1; P.A. 79-128, S. 16, 36; P.A. 81-432, S. 2, 11; P.A. 84-255, S. 13, 21; P.A. 88-136 S. 4, 37; P.A. 89-315, S. 2, 3; P.A. 92-170, S. 3, 26; 92-262, S. 21, 22, 42; P.A. 93-353, S. 8, 21, 52; P.A. 96-146, S. 5, 12; 96-161, S. 9, 13; P.A. 05-13, S. 1; 05-245, S. 26; P.A. 23-150, S. 11.)

History: 1969 act deleted reference to repealed Sec. 10-94a, redefined “per pupil cost” to allow subtraction of state funds received under Sec. 10-266c from net current expenses, redefined “special education tuition” to include requirement that payments be approved by secretary of state board, amended Subsec. (e) to substitute “provided” for “administered” in the phrase “standard educational program administered by the claimant board” and specified “school age” children in Subsec. (h)(1); P.A. 75-521 substituted definitions of “special education instructional personnel” and “pupil personnel staff” for less specific definition of “special education personnel” in Subdiv. (2); P.A. 76-428 added Subsecs. (i) and (j) defining “net cost of special education” on and after July 1, 1978, and establishing committee to study effects of Subsec. (i) provisions; P.A. 77-30 substituted “1979” for “1978” in Subsec. (i) and substituted “1977” for “1976” in Subsec. (j); P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective January 1, 1979; P.A. 78-248 deleted Subsecs. (i) and (j); P.A. 79-128 deleted Subsec. (h)(1) which had provided for subtraction of product of per pupil cost and number of school age children educated primarily by special education personnel from expenditures to determine net cost; P.A. 81-432 specifically excluded costs of designated state agency placements from consideration as “net costs of special education” in Subsec. (h); P.A. 84-255 amended Subsec. (a) deleting reference to repealed Sec. 10-266c and substituting reference to Sec. 10-14o; P.A. 88-136 deleted obsolete provision in Subsec. (h) re expenditures by a claimant board of education during the fiscal year ending June 30, 1981; P.A. 89-315 redefined “net cost of special education” by adding new Subdiv. (2) re subtracting from expenditures the total amount of the costs of special education for which Medicaid payments are received; P.A. 92-170 amended Subsec. (h) to add “subject to subsection (f) of section 10-76dd”; P.A. 92-262 revised definition of “per pupil cost” to delete a reference to funds received under repealed Sec. 10-14o and expanded definition of “net cost of special education” by adding Subdiv. (3) pertaining to expenditures for gifted and talented students; P.A. 93-353 amended Subsec. (a) defining “per pupil cost” to clarify “average daily membership” and amended Subsec. (d) defining “special education tuition” to remove payments made by the board of education to supplement the expenditures for special education pursuant to Sec. 10-94a, effective July 1, 1993; P.A. 96-146 made a technical change in Subsec. (h), effective July 1, 1996; P.A. 96-161 made a technical change in Subsec. (h) in definition of “net cost of special education”, effective July 1, 1996; P.A. 05-13 and P.A. 05-245 both made technical changes in Subsec. (h), effective July 1, 2005; P.A. 23-150 redesignated existing Subsecs. (a) to (h) as Subdivs. (1) to (8), amended redesignated Subdiv. (1) by replacing “expenses, as defined in section 10-261, divided by” with “expenditures and” and deleting “as defined in section 10-261”, amended redesignated Subdiv. (8) by redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C), and added Subdivs. (9) to (11) to define “net current expenditures”, “average daily membership” and “net current expenditures per pupil”, effective July 1, 2023.

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Sec. 10-76g. State aid for special education. (a)(1) For the fiscal year ending June 30, 1984, and each fiscal year thereafter, in any case in which special education is being provided at a private residential institution, including the residential components of regional educational service centers, to a child for whom no local or regional board of education can be found responsible under subsection (b) of section 10-76d, the Department of Children and Families shall pay the costs of special education to such institution pursuant to its authority under sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a-52 and 17a-861. (2) For the fiscal year ending June 30, 1993, and each fiscal year thereafter, any local or regional board of education which provides special education and related services for any child (A) who is placed by a public agency, including, but not limited to, offices of a government of a federally recognized Native American tribe, in a private residential facility or who is placed in a facility or institution operated by the Department of Children and Families and who receives such special education at a program operated by a regional education service center or program operated by a local or regional board of education, and (B) for whom no local or regional board of education can be found responsible under subsection (b) of section 10-76d, shall be eligible to receive one hundred per cent of the reasonable costs of special education for such child as defined in the regulations of the State Board of Education. Any such board eligible for payment shall file with the Department of Education, in such manner as prescribed by the Commissioner of Education, annually, on or before December first a statement of the cost of providing special education for such child, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May.

(b) Any local or regional board of education which provides special education pursuant to the provisions of sections 10-76a to 10-76g, inclusive, for any exceptional child described in subparagraph (A) of subdivision (5) of section 10-76a, under its jurisdiction, excluding (1) children placed by a state agency for whom a board of education receives payment pursuant to the provisions of subdivision (2) of subsection (e) of section 10-76d, and (2) children who require special education, who reside on state-owned or leased property, and who are not the educational responsibility of the unified school districts established pursuant to sections 17a-37 and 18-99a, shall be financially responsible for the reasonable costs of special education instruction, as defined in the regulations of the State Board of Education, in an amount equal to for the fiscal year commencing July 1, 2023, and each fiscal year thereafter, four and one-half times the net current expenditures per pupil of such board of education. Except as otherwise provided in subsection (d) of this section, the State Board of Education shall, within available appropriations, pay on a current basis any costs in excess of the local or regional board's basic contribution paid by such board in accordance with the provisions of this subsection. Any amounts paid by the State Board of Education on a current basis pursuant to this subsection shall not be reimbursable in the subsequent year. Application for such grant shall be made by filing with the Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. The amount due each town pursuant to the provisions of this subsection shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant, or a portion of the grant, which relates to special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt by the treasurer of necessary documentation from the board of education indicating the amount of such special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures.

(c) Commencing with the fiscal year ending June 30, 1996, and for each fiscal year thereafter, within available appropriations, each town whose ratio of (1) net costs of special education, as defined in subsection (h) of section 10-76f, for the fiscal year prior to the year in which the grant is to be paid to (2) the product of its total need students, as defined in section 10-262f, and the average regular program expenditures, as defined in section 10-262f, per need student for all towns for such year exceeds the state-wide average for all such ratios shall be eligible to receive a supplemental special education grant. Such grant shall be equal to the product of a town's eligible excess costs and the town's base aid ratio, as defined in section 10-262f, provided each town's grant shall be adjusted proportionately if necessary to stay within the appropriation. Payment pursuant to this subsection shall be made in June. For purposes of this subsection, a town's eligible excess costs are the difference between its net costs of special education and the amount the town would have expended if it spent at the state-wide average rate.

(d) Notwithstanding any provision of the general statutes, for the fiscal year ending June 30, 2023, and each fiscal year thereafter, if the total of the amount of the grants payable to local or regional boards of education in accordance with (1) subsections (a) to (c), inclusive, of this section, except grants paid in accordance with subdivision (2) of subsection (a) of this section, (2) subdivision (2) of subsection (e) of section 10-76d, and (3) subsection (b) of section 10-253, in any fiscal year exceeds the amount appropriated for the purposes of the grants described in subdivisions (1) to (3), inclusive, of this subsection for such fiscal year, then each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261, and the state board shall pay such grant to the local or regional board of education for a town as follows: (A) For any town ranked one hundred fifteen to one hundred sixty-nine, inclusive, ninety-one per cent of the amount of such town's eligible excess costs, (B) for any town ranked fifty-nine to one hundred fourteen, inclusive, eighty-eight per cent of the amount of such town's eligible excess costs, and (C) for any town ranked one to fifty-eight, inclusive, eighty-five per cent of the amount of such town's eligible excess costs. In the case of a regional board of education, such ranking shall be determined by (i) multiplying the total population, as defined in section 10-261, of each town in the regional school district by such town's ranking, as determined in this subsection, (ii) adding together the figures determined under clause (i) of this subparagraph, and (iii) dividing the total computed under clause (ii) of this subparagraph by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number. If the total amount of the grants payable to local and regional boards of education calculated under subparagraphs (A) to (C), inclusive, of this subsection in any fiscal year exceeds the total amount appropriated for the grants described in subdivisions (1) to (3), inclusive, of this subsection for such fiscal year, the amount of the grants payable under this subsection shall be reduced proportionately.

(e) (1) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, if the total amount appropriated in any fiscal year for the grants described in subdivisions (1) to (3), inclusive, of subsection (d) of this section exceeds the total of the amount of the grants payable to local and regional boards of education under subsection (d) of this section, for such fiscal year, such excess amount shall be distributed to each local and regional board of education as follows:

(A) Subtract the sum of all grants paid to local and regional boards of education in such fiscal year under subsection (d) of this section from the sum of all grants calculated under subsections (a) to (c), inclusive, of this section, subdivision (2) of subsection (e) of section 10-76d and subsection (b) of section 10-253;

(B) Subtract the sum of all grants paid to local and regional boards of education in such fiscal year under subsections (a) to (d), inclusive, of this section from the total amount appropriated in such fiscal year for all grants under this section;

(C) Divide the amount calculated under subparagraph (B) of this subdivision by the amount calculated under subparagraph (A) of this subdivision; and

(D) To determine the amount of such excess to be distributed to each local and regional board of education, multiply the amount calculated under subparagraph (A) of this subdivision that is attributable to such local or regional board of education by the per cent calculated under subparagraph (C) of this subdivision.

(2) Any grants paid in accordance with subdivision (2) of subsection (a) of this section shall be excluded from the calculations described in subdivision (1) of this subsection.

(1967, P.A. 627, S. 8, 11; 1972, P.A. 182; P.A. 75-587, S. 1, 2; P.A. 78-218, S. 66; 78-248, S. 2; P.A. 79-128, S. 17, 36; 79-408, S. 1, 2, 5; P.A. 80-154, S. 4, 5; 80-473, S. 1, 3; P.A. 81-420, S. 1, 4; 81-432, S. 9, 11; P.A. 82-91, S. 1, 38; 82-301, S. 1, 5; P.A. 83-495, S. 1, 2; P.A. 84-385, S. 1, 3; P.A. 85-393, S. 1, 2; 85-476, S. 2, 6; P.A. 88-136, S. 5, 37; P.A. 89-355, S. 5, 20; P.A. 90-225, S. 1, 2, 10; June Sp. Sess. P.A. 91-7, S. 7, 22; P.A. 92-262, S. 12, 23, 42; P.A. 93-91, S. 1, 2; 93-133, S. 1, 3; 93-353, S. 9, 52; P.A. 95-226, S. 5, 30; P.A. 96-146, S. 6, 12; P.A. 98-252, S. 9, 80; P.A. 00-220, S. 40, 43; P.A. 01-173, S. 64, 67; June Sp. Sess. P.A. 01-1, S. 5, 54; May 9 Sp. Sess. P.A. 02-7, S. 1; P.A. 03-76, S. 1, 10; 03-174, S. 8; June 30 Sp. Sess. P.A. 03-6, S. 20, 21; P.A. 05-245, S. 13, 19; Sept. Sp. Sess. P.A. 09-6, S. 46; P.A. 11-48, S. 180; P.A. 13-40, S. 10; 13-247, S. 162; P.A. 14-231, S. 65; June Sp. Sess. P.A. 15-5, S. 250; June Sp. Sess. P.A. 17-2, S. 172, 579; P.A. 19-117, S. 267; June Sp. Sess. P.A. 21-2, S. 368; P.A. 22-118, S. 265; P.A. 23-1, S. 8; 23-150, S. 10.)

History: 1972 act amended Subsec. (a) to include deadlines for applications and payments and to consider private institutions as school districts in cases where no school district is responsible for a child in the institution; P.A. 75-587 deleted former Subsecs. (b) and (c) re reimbursement for education of hearing-impaired children and exclusion of costs incurred before July 1, 1967, for special education and inserted new Subsec. (b) concerning reimbursement to districts where state wards have been placed in foster or group homes; P.A. 78-218 substituted “local or regional board of education” for “school district” in Subsec. (a) and “local” for “town” school district in Subsec. (b); P.A. 78-248 made no changes; P.A. 79-128 amended Subsec. (a) to delete reference to repealed Sec. 10-94a, to replace reimbursement percentage formula with formula applicable only to year ending June 30, 1980, and to all 50% reimbursement for private institutions for that year, inserted new Subsecs. (b) to (e) concerning special education grants, designated former Subsec. (b) as Subsec. (f), making provisions applicable to fiscal year ending June 30, 1980, and allowing 50% rather than 66 2/3% reimbursement for education costs while child placed in health care facility or institution, and added Subsec. (g) guaranteeing payments at least equal to amount received in 1979; P.A. 79-408 excluded state-operated school districts from provisions of Subsec. (a) and (b); P.A. 80-154 deleted reference to regional educational service centers in Subsec. (g); P.A. 80-473 substituted “adopted” for “made” throughout section, amended Subsecs. (a) and (b) to add provisions concerning grants for excess costs and to add one year to year dates mentioned and to increase in Subsec. (a) the percentage from 20% to 25%, deleted Subsec. (d)(1) and renumbered remaining Subdivs., and amended Subsecs. (e) and (f) to increase year dates by one year; P.A. 81-420 delayed current funding for one year, added Subsec. (h) making districts which incur special education costs in excess of 120% of the prior fiscal year's costs to be eligible to receive a grant for a percentage of the excess costs and authorizing the state board of education to pay its share of the special education costs of no-nexus children on a current basis; P.A. 81-432 repealed Subsecs. (e) and (f) re grants for fiscal years ending June 30, 1981, and June 30, 1982; P.A. 82-91 amended section to provide that school districts are to be reimbursed for costs of providing special education in accordance with a special formula for the fiscal year ending June 30, 1983, only, that payment to the department of children and youth services be 100% of the net cost of special education provided at private residential institutions with payment by the department to the institutions for fiscal year ending June 30, 1983, and each fiscal year thereafter and, in Subsec. (h), that grants to school districts incurring excess special education costs for fiscal year ending June 30, 1983, continue and that town treasurers be required to treat such grants as a reduction of expenditures; P.A. 82-301 repealed Subsec. (g), effective July 1, 1983, eliminating the “hold-harmless” payments to towns for special education costs, relettering former Subsec. (h) accordingly; P.A. 83-495 delayed current funding for one year and in Subsec. (d)(2) and (3) corrected reference to “total population as defined in section 10-261”; P.A. 84-385 repealed former Subsecs. (a) and (b)(1) re payment of reimbursements for special education provided during the fiscal year ending June 30, 1982, and the fiscal year ending June 30, 1983, relettered former Subsec. (b)(2) as Subsec. (a)(1), added new Subsec. (a)(2) re payment of reimbursement for special education provided during fiscal year ending June 30, 1985, relettered former Subsec. (c) as Subsec. (b) and delayed current funding for an additional year, relettered former Subsec. (d) as Subsec. (c), deleted reference to repealed Subsecs. (e) and (f), relettered former Subsec. (g) as Subsec. (d), and added new Subsec. (e) re state share of placements made in out-of-district private residential facilities; P.A. 85-393 deleted former Subsecs. (a)(1), (b)(1), (d) and (e)(2) re computation of reimbursements for special education costs for fiscal year 1983-84, re application for and disbursement of special education grants for fiscal year 1985-86 and thereafter, re grants for excess costs of special education and re education department's duty to develop data assessing costs of implementing section and to report data to special education study committee, relettering Subsecs. and deleting Subdiv. indicators as necessary, applied former Subsec. (e)(1), now (d), so as to exclude children placed by a state agency for whom a board of education receives payment under Sec. 10-76d(e)(2), deleting reference to placement of children in out-of-district private residential placements, deleted provision re adjustment of reimbursements for grants received and substituted provision disallowing reimbursement in subsequent year of amounts paid by state board on a current basis and required submission of cost estimates by October first, rather than by September first; P.A. 85-476 amended Subsec. (c) to specify that reimbursement percentage is determined by ranking, to provide that ranking is to be rounded to next higher whole number and to provide for reimbursement at same percentage as for a town with the same rank; P.A. 88-136 deleted obsolete provisions in Subsec. (a) re reimbursement received during the fiscal year ending June 30, 1986, and made a technical change; P.A. 89-355 in Subsec. (c) changed the reimbursement percentage sliding scale of 30% to 70% to 25% to 70%; P.A. 90-225 in Subsec. (c) changed the reimbursement percentage sliding scale of 25% to 70% to 10% to 70% and added new Subsecs. (e) and (f) re reimbursement for costs of providing special education to certain children requiring special education and an additional grant payment for certain towns for the fiscal year ending June 30, 1991, respectively; June Sp. Sess. 91-7 amended Subsec. (e)(1) to extend to June 30, 1992, the applicability of the method described therein for special education reimbursement; P.A. 92-262 amended Subsecs. (a), (c) and (d) to add reference to child described in Sec. 10-76a(e)(1), amended Subsec. (b) to make the existing Subsec. Subdiv. (1) and add Subdiv. (2), amended Subsec. (c)(1) to add reference to Sec. 2-32a, to substitute zero for ten and to add exception that no town receive less than 2% and deleted former Subsecs. (e) and (f) as obsolete; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-133 amended Subdiv. (1) of Subsec. (b) to remove the requirement that the state board of education pay the department of children and youth services for 100% of the net cost of special education for the children described in said Subdiv., effective July 1, 1993; P.A. 93-353 added Subsec. (d)(2) re children residing on state-owned property or in permanent family residences, effective July 1, 1993; P.A. 95-226 deleted former Subsecs. (a) and (c) re special education reimbursement for any exceptional child described in Sec. 10-76a(e)(1), relettered remaining Subsecs. and added new Subsec. (c) re supplemental special education grants, effective July 1, 1995; P.A. 96-146 amended Subsec. (b) to make a technical change, effective July 1, 1996 (Revisor's note: A reference to “subdivision (2) of subsection (e)” was changed editorially by the Revisors to “subparagraph (B) of subdivision (5)” to conform with the designation changes made by said act); P.A. 98-252 amended Subsecs. (a) and (b) to change the time frames for submission of the statement from October to December, submission of claims for additional children or costs from April to February and payments from December and June to February and April, to increase the amount of the first payment from 50% to 75% and to make technical changes, effective July 1, 1998; P.A. 00-220 amended Subsec. (b) to add the requirement for the expenditure account to be credited no later than 30 days after receipt by the treasurer of the necessary documentation from the board of education, effective July 1, 2000; P.A. 01-173 amended Subsec. (b) to change the time limit for the submission of claims from February to March first and to change the time for the payment of the balance from April to May, effective July 1, 2001; June Sp. Sess. P.A. 01-1 amended Subsec. (b) to designate provision re five times the average per pupil educational costs as Subpara. (A) and apply it to fiscal years commencing prior to July 1, 2002, and to add Subpara. (B) re four and one-half times the average per pupil educational costs, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) by delaying until July 1, 2003, a decrease in financial responsibility from five times to four and one-half times the average per pupil educational costs, effective August 15, 2002; P.A. 03-76 made technical changes in Subsec. (a), effective June 3, 2003; P.A. 03-174 amended Subsec. (a) to substitute March first for February first as the latest date boards of education may update December statements of costs of providing special education for a child, to substitute May for April for the final payment of the balance and to make a technical change, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (b) by delaying until July 1, 2005, a decrease in financial responsibility from five times to four and one-half times the average per pupil educational costs and added Subsec. (d) re proportional reduction of grants for fiscal years ending June 30, 2004, and June 30, 2005, effective August 20, 2003; P.A. 05-245 amended Subsec. (a)(2) to replace “state agency” with “public agency” and to include offices of a government of a federally recognized Native American tribe as a public agency making placements and amended Subsec. (d) to extend the proportional reduction of grants through the fiscal year ending June 30, 2007, and to create an exception for grants paid in accordance with Subsec. (a)(2), effective July 1, 2005; Sept. Sp. Sess. P.A. 09-6 amended Subsec. (d) to add provisions extending proportional reduction of grants through fiscal years ending June 30, 2010, and June 30, 2011, effective October 5, 2009; P.A. 11-48 amended Subsec. (d) to extend proportional reduction of grants through fiscal year ending June 30, 2013, effective July 1, 2011; P.A. 13-40 amended Subsec. (b) by deleting reference to permanent family residences; P.A. 13-247 amended Subsec. (d) by extending proportional reduction of grants through fiscal year ending June 30, 2015, effective July 1, 2013; P.A. 14-231 amended Subsec. (b) by deleting reference to Sec. 17a-240, effective July 1, 2014; June Sp. Sess. P.A. 15-5 amended Subsec. (d) to extend proportional reduction of grants through fiscal year ending June 30, 2017, effective July 1, 2015; June Sp. Sess. P.A. 17-2 amended Subsec. (b) by adding “within available appropriations” re payment of costs and amended Subsec. (d) to extend proportional reduction of grants through fiscal year ending June 30, 2019, effective October 31, 2017; P.A. 19-117 amended Subsec. (d) to extend proportional reduction of grants through fiscal year ending June 30, 2021, effective July 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (d) to extend proportional reduction of grants through fiscal year ending June 30, 2023, effective July 1, 2021; P.A. 22-118 amended Subsec. (b) by adding “Except as otherwise provided in subsection (d) of this section, the” and making a conforming change and amended Subsec. (d) by replacing provision re proportional reduction of grants if total amount of grants payable exceed amount appropriated with provision re tiers of payments of grants if total amount of grants payable exceeds amount appropriated, effective July 1, 2022; P.A. 23-1 amended Subsec. (d) by including internal references to Subsecs. (a) to (c), Sec. 10-76d(e)(2) and Sec. 10-253(b)(3) and designating same as new Subdivs. (1) to (3), redesignating existing Subdivs. (1) to (3) as new Subparas. (A) to (C) and amending same to replace “seventy-six and one-quarter” with “ninety-one” in new Subpara. (A), “seventy-three” with “eighty-eight” in new Subpara. (B) and “seventy” with “eighty-five” in new Subpara. (C), redesignating existing Subparas. (A) to (C) as Subsec. (d)(i) to (iii), adding provision re proportional reduction of grants if total amount payable exceed amount appropriated with provision and making technical and conforming changes throughout, and added Subsec. (e) re distribution of excess amounts if total amount appropriated exceeds total amount payable, effective February 14, 2023; P.A. 23-150 amended Subsec. (b) by deleting former Subpara. (A) re five times the average per pupil educational costs, deleting Subpara. (B) designator, replacing “July 1, 2005” with “July 1, 2023” and replacing “such average per pupil educational costs” with “the net current expenditures per pupil”, effective July 1, 2023.

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Sec. 10-76h. Special education hearing and review procedure. Mediation of disputes. (a)(1) A parent or guardian of a child requiring special education and related services pursuant to sections 10-76a to 10-76g, inclusive, a pupil if such pupil is an emancipated minor or eighteen years of age or older requiring such services, a surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, or a designee of said commissioner, on behalf of any such child in the custody of said commissioner, may request a hearing of the local or regional board of education or the unified school district responsible for providing such services whenever such board or district proposes or refuses to initiate or change the identification, evaluation or educational placement of or the provision of a free appropriate public education to such child or pupil. Such request shall be made by sending a written request to such board or district with a copy to the Department of Education.

(2) The local or regional board of education or the unified school district responsible for providing special education and related services for a child or pupil requiring such services under sections 10-76a to 10-76g, inclusive, may request, upon written notice to the parent or guardian of such child, the pupil if such pupil is an emancipated minor or is eighteen years of age or older, the surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, or a designee of said commissioner, on behalf of any such child or pupil in the custody of said commissioner, a hearing concerning the decision of the planning and placement team established pursuant to section 10-76d, whenever such board or district proposes or refuses to initiate or change the identification, evaluation or educational placement of or the provision of a free appropriate public education placement to such child or pupil, including, but not limited to, refusal of the parent or guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older or the surrogate parent appointed pursuant to section 10-94g, to give consent for initial evaluation or reevaluation or the withdrawal of such consent. The local or regional board of education or unified school district shall provide a copy of the request to the Department of Education. In the event a planning and placement team proposes private placement for a child or pupil who requires or may require special education and related services and the parent, guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older or surrogate parent appointed pursuant to section 10-94g withholds or revokes consent for such placement, the local or regional board of education shall request a hearing in accordance with this section and may request mediation pursuant to subsection (f) of this section, provided such action may be taken only in the event such parent, guardian, pupil or surrogate parent has consented to the initial receipt of special education and related services and subsequent to the initial placement of the child, the local or regional board of education seeks a private placement. For purposes of this section, a “local or regional board of education or unified school district” includes any public agency which is responsible for the provision of special education and related services to children requiring special education and related services.

(3) The request for a hearing shall contain a statement of the specific issues in dispute.

(4) A party shall have two years to request a hearing from the time the board of education proposed or refused to initiate or change the identification, evaluation or educational placement or the provision of a free appropriate public education placement to such child or pupil provided, if the parent, guardian, pupil or surrogate parent is not given notice of the procedural safeguards, in accordance with regulations adopted by the State Board of Education, including notice of the limitations contained in this section, such two-year limitation shall be calculated from the time notice of the safeguards is properly given.

(b) Upon receipt of a written request for a special education hearing made in accordance with subsection (a) of this section, the Department of Education shall appoint an impartial hearing officer who shall schedule a hearing which shall be held and the decision written and mailed not later than forty-five days after the commencement of the hearing pursuant to the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time. An extension of the forty-five-day time limit may be granted by the hearing officer at the request of either party to the hearing.

(c) (1) The Department of Education shall provide training to hearing officers in administrative hearing procedures, including due process, and in the special educational needs of children. Hearing officers and members of hearing boards shall not be employees of the Department of Education or any local or regional board of education, unified school district or public agency involved in the education or care of the child. A person who is paid to serve as a hearing officer is not deemed to be an employee of the Department of Education. No person who participated in the previous identification, evaluation or educational placement of or the provision of a free appropriate public education to the child or pupil nor any member of the board of education of the school district under review, shall be a hearing officer or a member of a hearing board.

(2) Both parties shall participate in a prehearing conference to resolve the issues in dispute, if possible and narrow the scope of the issues. Each party to the hearing shall disclose, not later than five business days prior to the date the hearing commences, (A) documentary evidence such party plans to present at the hearing and a list of witnesses such party plans to call at the hearing, and (B) all completed evaluations and recommendations based on the offering party's evaluations that the party intends to use at the hearing. Except for good cause shown, the hearing officer shall limit each party to such documentary evidence and witnesses as were properly disclosed and are relevant to the issues in dispute. A hearing officer may bar any party who fails to comply with the requirements concerning disclosure of evaluations and recommendations from introducing any undisclosed evaluation or recommendation at the hearing without the consent of the other party.

(3) The hearing officer or board shall hear testimony relevant to the issues in dispute offered by the party requesting the hearing and any other party directly involved, and may hear any additional testimony the hearing officer or board deems relevant. The hearing officer or board shall hear the testimony offered by the local or regional board of education or the unified school district responsible for providing special education to a child or pupil first in any dispute concerning the provision of free appropriate public education. The hearing officer or board may require a complete and independent evaluation or prescription of educational programs by qualified persons, the cost of which shall be paid by the board of education or the unified school district. The hearing officer or board shall cause all formal sessions of the hearing and review to be recorded in order to provide a verbatim record.

(d) (1) The hearing officer or board shall have the authority (A) to confirm, modify, or reject the identification, evaluation or educational placement of or the provision of a free appropriate public education to the child or pupil, (B) to determine the appropriateness of an educational placement where the parent or guardian of a child requiring special education or the pupil if such pupil is an emancipated minor or eighteen years of age or older, has placed the child or pupil in a program other than that prescribed by the planning and placement team, or (C) to prescribe alternate special educational programs for the child or pupil. If the parent or guardian of such a child who previously received special education and related services from the district enrolls the child, or the pupil who previously received special education and related services from the district enrolls in a private elementary or secondary school without the consent of or referral by the district, a hearing officer may, in accordance with the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, require the district to reimburse the parents or the pupil for the cost of that enrollment if the hearing officer finds that the district had not made a free appropriate public education available to the child or pupil in a timely manner prior to that enrollment. In the case where a parent or guardian, or pupil if such pupil is an emancipated minor or is eighteen years of age or older, or a surrogate parent appointed pursuant to section 10-94g, has refused consent for initial evaluation or reevaluation, the hearing officer or board may order an initial evaluation or reevaluation without the consent of such parent, guardian, pupil or surrogate parent except that if the parent, guardian, pupil or surrogate parent appeals such decision pursuant to subdivision (4) of this subsection, the child or pupil may not be evaluated or placed pending the disposition of the appeal. The hearing officer or board shall inform the parent or guardian, or the emancipated minor or pupil eighteen years of age or older, or the surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, as the case may be, and the board of education of the school district or the unified school district of the decision in writing and mail such decision not later than forty-five days after the commencement of the hearing pursuant to the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, except that a hearing officer or board may grant specific extensions of such forty-five-day period in order to comply with the provisions of subsection (b) of this section. The hearing officer may include in the decision a comment on the conduct of the proceedings. The findings of fact, conclusions of law and decision shall be written without personally identifiable information concerning such child or pupil, so that such decisions may be promptly indexed and published and available for public inspections pursuant to sections 4-167 and 4-180a.

(2) If the local or regional board of education or the unified school district responsible for providing special education for such child or pupil requiring special education does not take action on the findings or prescription of the hearing officer or board within fifteen days after receipt thereof, the State Board of Education shall take appropriate action to enforce the findings or prescriptions of the hearing officer or board. Such action may include application to the Superior Court for injunctive relief to compel such local or regional board or school district to implement the findings or prescription of the hearing officer or board without the necessity of establishing irreparable harm or inadequate remedy at law.

(3) If the hearing officer or board upholds the local or regional board of education or the unified school district responsible for providing special education and related services for such child or pupil who requires or may require special education on the issue of evaluation, reevaluation or placement in a private school or facility, such board or district may evaluate or provide such services to the child or pupil without the consent of the parent or guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older, or the surrogate parent appointed pursuant to section 10-94g, subject to an appeal pursuant to subdivision (4) of this subsection.

(4) Appeals from the decision of the hearing officer or board shall be taken in the manner set forth in section 4-183, except the court shall hear additional evidence at the request of a party. Notwithstanding the provisions of section 4-183, such appeal shall be taken to the judicial district wherein the child or pupil resides. In the event of an appeal, upon request and at the expense of the State Board of Education, said board shall supply a copy of the transcript of the formal sessions of the hearing officer or board to the parent or guardian or the emancipated minor or pupil eighteen years of age or older or surrogate parent or said commissioner and to the board of education of the school district or the unified school district.

(e) Hearing officers and members of the hearing board shall be paid reasonable fees and expenses as established by the State Board of Education.

(f) (1) In lieu of proceeding directly to a hearing, pursuant to subsection (a) of this section, any party may request mediation through the Mediation Services Coordinator, employed pursuant to section 10-76z. Upon the receipt of a request for mediation, the coordinator shall, in accordance with the notification process pursuant to section 10-76aa, and, if all parties agree to mediate, appoint a mediator, and invite all parties to a mediation with a person selected from the list of special education mediators maintained by said coordinator. The mediator shall attempt to resolve the issues in a manner which is acceptable to the parties. The mediator shall certify in writing to the Bureau of Special Education and to the parties whether the mediation was successful or unsuccessful.

(2) If the dispute is not resolved through mediation, any party may proceed to a hearing.

(g) The Department of Education shall provide translations into the most commonly spoken languages in the state on its Internet web site of the plain language resources on such site explaining the process by which the department resolves complaints and the hearing process established pursuant to this section.

(1967, P.A. 627, S. 10; 1971, P.A. 667, S. 1–6; P.A. 73-556, S. 1–3; P.A. 75-94; 75-438; 75-493, S. 1–4; P.A. 76-436, S. 296, 681; P.A. 77-603, S. 6, 125; 77-614, S. 302, 610; P.A. 78-47; 78-132; 78-218, S. 67; 78-224, S. 1–6; 78-280, S. 1, 127; P.A. 79-87, S. 1, 2; P.A. 80-138, S. 1, 3; 80-175, S. 1, 5; P.A. 83-338, S. 1, 2; P.A. 84-284, S. 1, 2; P.A. 85-312, S. 1, 2; P.A. 88-317, S. 54, 107; P.A. 91-277, S. 2, 6; P.A. 93-91, S. 1, 2; 93-352, S. 2, 3; 93-353, S. 10, 52; P.A. 94-245, S. 28, 46; P.A. 95-237, S. 3, 7; P.A. 96-146, S. 7, 12; P.A. 00-48, S. 4, 12; P.A. 03-76, S. 11; June 30 Sp. Sess. P.A. 03-6, S. 5–7; P.A. 06-18, S. 4; P.A. 23-137, S. 47.)

History: 1971 act created section, replacing special program of 1967 act; P.A. 73-556 amended Subsec. (c) to place 30-day deadline on establishment of hearing board, amended Subsec. (d) to require hearing within 30 days and to require transcriptions of formal sessions and amended Subsec. (e) to require decision within 60 days of first meeting, to require state board to take action by substituting “shall” for “may”, to include “county” of residence in reference to common pleas court and to require that copies of transcripts be sent to parent or guardian and to board of education if requested to do so in the event of an appeal; P.A. 75-94 added exception to 60-day deadline for decision in Subsec. (e) for cases requiring independent diagnosis; P.A. 75-438 incorporated former Subsec. (b) into Subsec. (a) as Subdiv. (2) and inserted new Subsec. (b) allowing mediation by secretary of the state board; P.A. 75-493 amended section to allow action on behalf of child in his custody by commissioner of children and youth services; P.A. 76-436 amended Subsec. (e) to substitute superior court for court of common pleas and to specify judicial districts, effective July 1, 1978; P.A. 77-603 made appeals in accordance with Sec. 4-183 except with regard to location; P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective January 1, 1979; P.A. 78-47 amended Subsec. (b) to change deadline for mediation results from 15 to 30 days after request for mediation is received; P.A. 78-132 changed hearing board from at least three persons to one or more and excluded education department employees from serving as one-member boards in Subsec. (c); P.A. 78-218 substituted “local or regional” boards for boards “of the school district”; P.A. 78-224 clarified review process by making provisions in Subsec. (a)(1) applicable to administrative review to be followed by hearing if requested and deleting former provisions relating to hearing and appeal and making Subdiv. (2) and subsequent subsections applicable to hearings and mediation procedures, also including in Subdiv. (2) a 30-day period for making request, deleting 30-day periods in Subsecs. (c) and (d) and amending Subsec. (e) to change deadline for decision from within 60 days of first meeting to within 30 days of request for hearing and to replace exception for cases requiring independent diagnosis with general provision regarding extensions; P.A. 78-280 deleted reference to counties in Subsec. (e); P.A. 79-87 deleted references to repealed Sec. 10-94a, amended Subsec. (a) to require notice to be sent within 15 days of request for review rather than within 10 days of the review, allowed mediation “in lieu of” review rather than “following” review and amended Subsec. (c) to require “impartial” hearing board, allowing deletion of provision excluding education department members from serving as one-person boards; P.A. 80-138 amended Subsec. (e) to give board authority to judge appropriateness of parental placement as opposed to program prescribed by planning and placement team; P.A. 80-175 allowed action by emancipated minors or pupils 18 or older on their own behalf and amended Subsec. (a) to allow school board responsible for child to initiate review procedure; P.A. 83-338 amended Subsec. (e) to provide for exception to appeal on the record if court finds that presentation of evidence is warranted; P.A. 84-284 substantially revised special education appeal procedure; P.A. 85-312 amended section by adding references to unified school districts and authorization to apply for injunctive relief to enforce order of hearing officer or board without necessity of establishing irreparable harm or inadequate remedy at law; P.A. 88-317 inserted reference to Sec. 4-180a in Subsec. (e)(1), effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 91-277 added provision in Subsec. (a) that the hearing may address the refusal to give consent for evaluation or placement in special education or the withdrawal of such consent, added provision in Subsec. (b) re mailing, making technical changes and removing requirement that the parties participate in conciliation procedures prior to convening the hearing, deleted Subsec. (c) which outlined the conciliation procedures, relettering the remaining Subsecs. and in Subsec. (d)(1) adding provision allowing the hearing officer to order special education evaluation and placement in instances where consent has been refused and adding Subdiv. (3) re provision of special education without consent of guardian or parent, and added Subsec. (f) re mediation; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-352 amended Subsec. (a) to apply the provisions of the section concerning a local or regional board of education or a unified school district to a public agency responsible for the provision of education and services to children requiring special education, effective August 15, 1993; P.A. 93-353 amended Subsec. (a)(4) to specify the consent is for “preplacement” evaluation and “initial” placement and to add the provision concerning the refusal of consent in the event a planning and placement team proposes private placement and amended Subsec. (b) to remove an exception for the time limit as provided in Subsec. (d) and to substitute the basis for an extension by the hearing officer from “for compelling reasons” to “at the request of either party to the hearing”, effective July 1, 1993; P.A. 94-245 added new Subsec. (c)(2) re disclosure of documentary evidence and a list of witnesses and renumbered former Subdiv. (2) as (3), effective June 2, 1994; P.A. 95-237 amended Subsec. (a) to change the reasons for which a hearing may be requested, require issues to be raised at a planning and placement team meeting prior to a hearing, specify that the subsection does not limit the right to initiate a planning and placement team meeting at any time, add Subdiv. (2) re statement of specific issues and Subdiv. (3) re time limit and notice requirements and make technical changes, amended Subsec. (c) to add the prehearing conference requirement and limitation on the introduction of evidence and witnesses to those properly disclosed and testimony relevant to the issues in dispute and make technical changes, and amended Subsec. (d) to allow the hearing officer to include a comment on the conduct of the proceedings in his decision and make technical changes, effective July 1, 1995; P.A. 96-146 amended Subsec. (c) to remove requirement that the hearing officer or board appointed be knowledgeable in the fields and areas significant to the review of the special education needs of the child or pupil and to add requirement that the Department of Education provide training to hearing officers, effective July 1, 1996; P.A. 00-48 amended Subsec. (c)(2) to clarify the time frame for disclosure is “business” days, to require the disclosure of completed evaluations and recommendations based on evaluations that the offering party intends to use at the hearing, and to allow the hearing officer to bar a party who failed to comply with the disclosure provisions from introducing undisclosed evaluations and recommendations without the consent of the other party, effective July 1, 2000; P.A. 03-76 made technical changes in Subsecs. (a)(1), (b), (c)(1) and (f)(1), effective June 3, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a)(1) by deleting provisions re the raising of issues at hearings not raised at planning and placement team meetings and re a parent's rights to request a planning and placement team meeting at any time, by making technical changes and by adding provision re parental consent to initial receipt of special education services prior to a hearing for private placement of a child against the parent's wishes, amended Subsec. (c)(2) by deleting provision requiring prehearing conference to be at least 10 days prior to date hearing is scheduled to commence, and amended Subsec. (d) by changing provision re evaluation or placement in special education to provision re initial evaluation or reevaluation in Subdiv. (1), by adding provisions re reevaluation and placement in private school or facility in Subdiv. (3) and by replacing provision in Subdiv. (4) re exception to appeal hearing procedure in Sec. 4-183 concerning presentation of evidence and review of such evidence for its value with provision re hearing of additional evidence at a party's request, effective August 20, 2003; P.A. 06-18 amended Subsec. (a) by requiring a copy of the written request for hearing be sent to the Department of Education, by eliminating the 7-day notification period in Subdiv. (1), by redesignating language re consent hearing concerning decision by planning and placement team as new Subdiv. (2) and adding therein language re a copy of the request for the hearing, and by redesignating existing Subdivs. (2) and (3) as Subdivs. (3) and (4), amended Subsec. (b) by adding language re impartial hearing officer and re federal Individual with Disabilities Education Act, amended Subsec. (c)(1) by deleting language re appointment of impartial hearing officer or board, amended Subsec. (d)(1) by redesignating existing language as Subparas. (A),(B) and (C) and by adding language re previously received services and re federal Individuals with Disabilities Education Act, amended Subsec. (f)(1) by deleting language re 30-day requirements, and made technical changes in Subsecs. (a)(4), (b) and (d)(1), effective July 1, 2006; P.A. 23-137 amended Subsec. (c)(3) by adding provisions re hearing testimony from boards of education first in disputes concerning provision of free appropriate public education, amended Subsec. (d)(1) by adding “promptly indexed and published and” re making decisions available for public inspection, amended Subsec. (f)(1) by deleting the requirement for all parties to agree to request mediation in writing, adding provisions to allow any party to request mediation, requiring appointment of a mediator from the list of special education mediators if all parties agree to mediate and replacing Department of Education with Bureau of Special Education in which to certify results of the mediation and added Subsec. (g) re translations of plain language resources re hearing and complaint resolution processes, effective July 1, 2023.

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Sec. 10-76z. Mediation Services Coordinator, duties. List of special education mediators. Required training. Exemptions. (a) The Commissioner of Education shall employ a Mediation Services Coordinator within the Bureau of Special Education, which shall be a separate and distinct position from any investigatory or enforcement functions of the department. The Mediation Services Coordinator shall (1) facilitate the expansion of mediation services offered by the department in lieu of proceeding directly to a special education hearing pursuant to section 10-76h, (2) oversee and coordinate such mediation services for each school district in the state, (3) maintain a list of special education mediators that meet the minimum training requirements set forth in subsection (b) of this section and are of a sufficient quantity to meet the needs of each school district in the state, (4) promote the benefits of mediation to each local or regional board of education, parents and guardians and special education advocacy groups, (5) solicit feedback from local and regional boards of education and parents and guardians about the mediation process through an annual open meeting, after the conclusion of any mediation and in any other manner as determined by such coordinator, (6) establish and publish on the Department of Education's Internet web site (A) a statement of the impartiality of mediators and the confidentiality of matters discussed in mediation, which shall, at a minimum, provide that no employee of the bureau or mediator on the list of special education mediators may share information from any mediation with an employee of the department tasked with investigatory or enforcement functions unless required by state or federal law, and (B) a plain language resource explaining the mediation process and how to request and prepare for a mediation, which shall be translated into the most commonly spoken languages in the state, and (7) create a brief notice of the availability of mediation services suitable to be read out loud during a planning and placement team meeting pursuant to subdivision (10) of subsection (a) of section 10-76d that (A) includes the link to the plain language resource developed pursuant to subparagraph (B) of subdivision (6) of this subsection, and (B) is translated into the most commonly spoken languages in the state, for distribution by local or regional boards of education to parents, guardians and surrogate parents of children requiring special education pursuant to subparagraph (F)(iii) of subdivision (10) of subsection (a) of section 10-76d.

(b) The Bureau of Special Education shall verify that each mediator included on the list of special education mediators maintained by the Mediation Services Coordinator completes (1) not less than forty hours of training in mediation skills through a module or course that has been approved by the Department of Education, and (2) training in special education law for a minimum number of hours prescribed by the bureau through a module or course provided by the Department of Education or by another provider approved by the bureau. The bureau may, in its discretion, (A) waive the mediation skills training requirement for any applicant for inclusion on the list of special education mediators who submits proof of completion of a forty-hour mediation skills training or an equivalent course of study related to mediation skills from an institution of higher education, or (B) waive the special education law training requirement for any applicant who has sufficient and direct professional experience in special education law or submits proof of completion of a comparable course of study related to special education law from an institution of higher education. Each mediator approved by the bureau for inclusion on the list of special education mediators shall complete at least two hours of continuing education every two years in subject areas prescribed by the bureau which may be provided by the Department of Education or any other organization approved by the bureau. Each mediator shall remain impartial and maintain the confidentiality of any matter discussed during mediation.

(c) The Bureau of Special Education shall exempt not less than five mediators who conducted special education mediation for the Department of Education prior to July 1, 2023, from the initial training requirements set forth in subdivisions (1) and (2) of subsection (b) of this section and include such mediators on the list of special education mediators maintained by the Mediation Services Coordinator pursuant to subdivision (3) of subsection (a) of this section.

(P.A. 23-137, S. 45.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-76aa. Requests for mediation. (a) A parent or guardian of a child requiring special education and related services, pursuant to sections 10-76a to 10-76g, inclusive, a child if such child is an emancipated minor or eighteen years of age or older requiring such services, a surrogate parent appointed pursuant to section 10-94g, the Commissioner of Children and Families, or a designee of said commissioner, on behalf of any such child in the custody of said commissioner or the local or regional board of education responsible for providing special education and related services for a child, may request a mediation through the Mediation Services Coordinator, employed pursuant to section 10-76z, at any time for any matter related to the provision of special education for a child, including, but not limited to, identification, evaluation, educational placement or implementation of an individualized education program.

(b) Upon receipt of a request for a mediation, the Mediation Services Coordinator shall provide notification to the requester of such mediation and any other parties subject to the request of such mediation (1) that a conflict exists between such parties, (2) about the mediation process, including, but not limited to, stating that mediation is voluntary and facilitated by a neutral mediator, and (3) to invite all parties to participate in mediation. The coordinator shall provide language translation services provided (A) by an interpreter who is present in person or available by telephone or through an online technology platform, or (B) through an Internet web site or other electronic application approved by the State Board of Education.

(P.A. 23-137, S. 46.)

History: P.A. 23-137 effective July 1, 2023.

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Sec. 10-76ff. Procedures for determining if a child requires special education. (a) Each local and regional board of education shall, without delay, follow the procedures outlined in this section and in accordance with applicable federal law and regulations in determining if a child requires special education and related services, as defined in section 10-76a. (1) In conducting an evaluation of the child, the local or regional board of education shall: (A) Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including information provided by the child's parent or guardian, that may assist in determining (i) whether the child is a child, (I) who requires special education and related services pursuant to subparagraphs (A) and (C) of subdivision (5) of section 10-76a, (II) whose disability has an adverse effect on his educational performance, and (III) who, by reason of such adverse effect requires special education and related services, and (ii) the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities; (B) not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and (C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. (2) Each local and regional board of education shall ensure that: (A) Assessments and other evaluation materials used to assess the child are (i) selected and administered so as not to be discriminatory on a racial or cultural basis, and (ii) provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, unless it is not feasible to so provide or administer; (B) assessments and other evaluation materials used to assess a child (i) are used for purposes for which the assessments or measures are valid and reliable, (ii) are administered by trained and knowledgeable personnel, and (iii) are administered in accordance with any instructions provided by the producer of such tests; (C) the child is assessed in all areas of suspected disability; (D) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and (E) assessments of children with disabilities who transfer from one school district to another school district in the same academic year are coordinated with such children's prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations. (3) In accordance with section 10-76d and applicable federal law and regulations, upon completion of administration of assessments and other evaluation measures, the determination of whether the child is a child requiring special education and related services shall be made by a team consisting of qualified professionals and the parent or guardian of the child and a copy of the evaluation report and the documentation for such determination shall be given to the parent or guardian of the child. (4) The local or regional board of education shall not determine that a child requires special education and related services if the dominant factor for determining eligibility is (A) a lack of instruction in reading, including the essential components of reading instruction, as defined in Section 1208(3) of the Elementary and Secondary Education Act of 1965, or mathematics or limited English proficiency, or (B) evidence that the child's behavior violates the school's disciplinary policies or evidence that is derived from the contents of discipline records.

(b) (1) The planning and placement team, as part of an initial evaluation, if appropriate, and as part of any reevaluations, shall review existing evaluation data on the child, including evaluations and information provided by the parent or guardian or the child, classroom-based assessments and observations and teacher and related services provider observations. On the basis of such review, and input from the child's parent or guardian, the planning and placement team shall identify what additional data, if any, is needed to determine: (A) Whether the child has a particular category of disability, or in the case of a reevaluation, whether the child continues to have such a disability; (B) the present levels of performance and educational needs of the child; (C) whether the child needs special education and related services, or in the case of a reevaluation, whether the child continues to need special education and related services or whether the child is able to be served within the regular education program with existing supplemental services, available in the school district; and (D) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general curriculum. (2) The local or regional board of education shall administer such tests and other evaluation materials as may be needed to produce the data identified by the planning and placement team pursuant to subdivision (1) of this subsection. (3) If the planning and placement team decides that no additional data is needed to determine that the child continues to be a child requiring special education and related services, the local or regional board of education shall notify the parent or guardian of the child of (A) the decision and the reasons for it, and (B) the right of the parent or guardian to request an assessment to determine whether the child continues to be a child requiring special education and related services. The local or regional board of education shall not be required to conduct such an assessment unless requested to do so by the parent or guardian of the child. (4) A local or regional board of education shall evaluate a child identified as requiring special education and related services, in accordance with this section, prior to determining that such child no longer requires such special education or related services, except that such evaluation shall not be required before the termination of a child's eligibility for special education due to graduation from high school with a regular education diploma, or due to exceeding the age eligibility for a free appropriate public education. For a child whose eligibility for special education terminates due to graduation from high school with a regular high school diploma or such child exceeds the age of eligibility for a free appropriate public education, the local or regional board of education shall provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

(c) The use of the word disability pursuant to this section shall not be the basis for limiting the services or programs, including regular education, available to such child.

(P.A. 98-168, S. 5, 26; P.A. 06-18, S. 6; P.A. 11-235, S. 1; P.A. 23-137, S. 37.)

History: P.A. 98-168 effective July 1, 1998; P.A. 06-18 amended Subsec. (a) by requiring evaluation of academic information, by adding language re measure and assessment, by replacing provision re native language with provision re the language and form most likely to yield accurate information, by replacing provision re standardized tests with provision re assessments and other evaluation materials, by adding Subdiv. (2)(E) re children who transfer between school districts, by broadening prohibition against using certain factors to determine eligibility by stating that they may not be the dominant factor and by expanding the description of reading, and amended Subsec. (b) by inserting “present” in Subdiv. (1)(B) and by providing an exception to the requirement for evaluation of child no longer requiring services in Subdiv. (4), effective July 1, 2006; P.A. 11-235 amended Subsec. (a) by adding “without delay” and “and in accordance with applicable federal law and regulations” to provision re boards of education determining if child requires special education, effective July 1, 2011; P.A. 23-137 amended Subsec. (b)(4) by deleting “pursuant to state regulations”, effective July 1, 2023.

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Sec. 10-76kk. Disproportionate or inappropriate identification of minority students or multilingual learners requiring special education. Report. Study. (a) Any local or regional board of education identified by the Department of Education that disproportionately and inappropriately identifies (1) minority students, or (2) multilingual learners as requiring special education services because such students have a reading deficiency in contravention of the provisions of subparagraph (A) of subdivision (4) of subsection (a) of section 10-76ff shall annually submit a report to the department on the plan adopted by such board that reduces the misidentification of such minority students or multilingual learners by improving reading assessments and interventions for students in kindergarten to grade three, inclusive.

(b) The Department of Education shall study the plans and strategies used by a local or regional board of education that demonstrate improvement in the reduction of the misidentification of minority students or multilingual learners requiring special education under this section. Such study shall examine the association between improvements in teacher training in the science of reading and the reduction in misidentification of students requiring special education services.

(c) For purposes of this section, “minority students” means those whose race is defined as other than white, or whose ethnicity is defined as Hispanic or Latino by the federal Office of Management and Budget for use by the Bureau of Census of the United States Department of Commerce; and “multilingual learners” has the same meaning as provided in section 10-17o.

(P.A. 12-116, S. 90; P.A. 13-193, S. 1; 13-245, S. 10; P.A. 23-150, S. 30.)

History: P.A. 12-116 effective July 1, 2012; P.A. 13-193 applied provisions to English language learners, amended Subsec. (a) by designating existing provision re minority students as Subdiv. (1) and adding Subdiv. (2) re English language learners and amended Subsec. (c) by adding definition of “English language learners”, effective July 1, 2013; P.A. 13-245 amended Subsec. (b) by replacing “correlation” with “association”, effective July 1, 2013; P.A. 23-150 replaced references to English language learners with multilingual learners throughout, and deleted definition of “English language learners” and added definition of “multilingual learners” in Subsec. (c), effective July 1, 2023.

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Sec. 10-76ll. Bill of rights for parents of children receiving special education services. (a) As used in this section, “parent” means the parent or guardian of a child requiring special education or the surrogate parent appointed pursuant to section 10-94g or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil.

(b) On or before July 1, 2015, the State Board of Education shall draft a written bill of rights for parents of children receiving special education services to guarantee that the rights of such parents and children are adequately safeguarded and protected during the provision of special education and related services until such children have graduated from high school or at the end of the school year during which such children reaches age twenty-two, whichever occurs first, under this chapter. Such bill of rights shall inform parents of: (1) The right to request consideration of the provision of transition services for a child receiving special education services who is eighteen until such child has graduated from high school or at the end of the school year during which such child reaches age twenty-two, whichever occurs first, (2) the right to receive transition resources and materials from the department and the local or regional board of education responsible for such child, (3) the requirement that the local or regional board of education responsible for such child shall create a student success plan for each student enrolled in a public school, beginning in grade six, pursuant to subsection (l) of section 10-221a, and (4) the right of such child to receive realistic and specific postgraduation goals as part of such child's individualized education program.

(c) For the school year commencing July 1, 2015, and each school year thereafter, the Department of Education shall annually distribute to local and regional boards of education the written bill of rights for parents of children receiving special education services, which shall be provided to parents, at a planning and placement team meeting for a child receiving special education services in grades six to twelve, inclusive.

(P.A. 15-209, S. 3; P.A. 23-21, S. 4; 23-137, S. 33; 23-204, S. 321.)

History: P.A. 15-209 effective July 1, 2015; P.A. 23-21 made a technical change in Subsec. (b)(3), effective July 1, 2023; P.A. 23-137 amended Subsec. (b) by adding reference to the provision of services until a child graduates or the end of the school year during which a child reaches age 22, whichever is earlier and deleting “to twenty-one inclusive, years of age”, effective July 1, 2023; P.A. 23-204 made a technical change in Subsec. (b)(3), effective July 1, 2023.

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Sec. 10-76rr. Department to make available summaries of complaints filed and corrective actions required re provision of special education. On and after July 1, 2023, the Department of Education shall make available on the department's Internet web site summaries of the complaints filed with and corrective actions required by the department regarding the provision of special education and related services by a local or regional board of education or other entity responsible for the provision of special education and related services to a student. The department shall redact any personally identifiable information of a student prior to making such decisions and documents available.

(P.A. 23-150, S. 15.)

History: P.A. 23-150 effective July 1, 2023.

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PART VI

TECHNICAL HIGH SCHOOLS, EDUCATION AND
REHABILITATION

Sec. 10-95h. Legislative committees to meet to consider issues re the Technical Education and Career System and the state workforce. Required submissions. (a) Not later than November thirtieth each year, the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor shall meet with the chairperson of the Technical Education and Career System board, the superintendent of the Technical Education and Career System, the executive director of the Technical Education and Career System, the Labor Commissioner and such other persons as they deem appropriate to consider the items submitted pursuant to subsection (b) of this section.

(b) On or before November fifteenth, annually: The executive director of the Technical Education and Career System shall submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (1) Information ensuring that the curriculum of the Technical Education and Career System is incorporating those workforce skills required for future workforce development; (2) information regarding the employment status of students who graduate from or complete an approved program of study at the Technical Education and Career System, including, but not limited to: (A) Demographics such as age and gender, (B) course and program enrollment and completion, (C) employment status, and (D) available wage data; (3) an assessment of the adequacy of the resources available to the Technical Education and Career System as the system develops and refines programs to meet existing and emerging workforce needs; (4) recommendations to the Technical Education and Career System board to carry out the provisions of subdivisions (1) to (3), inclusive, of this subsection; and (5) information regarding staffing needs at each technical education and career school for the current academic year. The executive director shall collaborate with the Labor Commissioner to obtain information as needed to carry out the provisions of this subsection.

(P.A. 88-330, S. 1, 5; P.A. 97-136, S. 1; P.A. 07-40, S. 1; P.A. 08-153, S. 5; P.A. 10-76, S. 3; P.A. 11-48, S. 89; Oct. Sp. Sess. P.A. 11-1, S. 34; P.A. 12-116, S. 71; P.A. 14-59, S. 1; P.A. 16-42, S. 2; P.A. 17-219, S. 12; 17-237, S. 11, 59; P.A. 18-103, S. 3; 18-139, S. 11; P.A. 21-141, S. 1; P.A. 22-118, S. 277; P.A. 23-117, S. 1.)

History: P.A. 97-136 added recommendations on role of school craft committees and alternative technical training models to the duties of the committee; P.A. 07-40 added semiannual meeting requirement, replaced recommendations to be made by committee in former Subdivs. (1) to (4) with duties of committee in new Subdivs. (1) to (5), increased membership of committee to 19 and replaced former appointment process with new process in Subparas. (A) to (M), effective July 1, 2007; P.A. 08-153 amended Subparas. (A) and (B) to reduce number of full-time employees at qualifying firms to 500 or more and, in Subpara. (B), to specify that one appointee be a teacher in the regional vocational-technical school system, amended Subparas. (C), (D) and (E) to reduce number of full-time employees at qualifying firms to more than 50 but fewer than 500 and amended Subparas. (F) and (G) to reduce number of full-time employees at qualifying firms to 50 or fewer, effective July 1, 2008; P.A. 10-76 replaced former provisions re state-wide advisory committee with Subsec. (a) re meeting of legislative committees with superintendent of regional vocational-technical school system, director of Office of Workforce Competitiveness and Labor Commissioner to consider information and issues re state workforce and regional vocational-technical school system and Subsec. (b) re submission of information, assessment and recommendations, effective July 1, 2010; P.A. 11-48 removed references to director of the Office of Workforce Competitiveness, effective July 1, 2011; Oct. Sp. Sess. P.A. 11-1 amended Subsec. (a) by adding Commissioner of Economic and Community Development to list of persons with whom legislative committees shall meet and amended Subsec. (b) by adding Subdiv. (3) re submission of information and recommendations by Commissioner of Economic and Community Development, effective October 27, 2011; P.A. 12-116 added “chairperson of the technical high school system board and the” in Subsec. (a) and replaced references to regional vocational-technical high school system with references to technical high school system throughout, effective July 1, 2012; P.A. 14-59 amended Subsec. (b)(2) to add provision re submission of employment status information re students who complete an approved program of study, to add provisions specifying employment status information to include demographics, course enrollment and completion, and wages prior to enrolling and after graduating, and to add provision requiring superintendent to collaborate with Labor Commissioner to obtain information, effective July 1, 2014; P.A. 16-42 amended Subsec. (b)(2) by replacing “State Board of Education” with “technical high school system board” in Subpara. (D), and adding Subpara. (E) re information re staffing at each technical high school for current academic year, effective July 1, 2016; P.A. 17-219 amended Subsec. (b) by deleting former Subdiv. (3) re required submissions by Commissioner of Economic and Community Development; P.A. 17-237 amended Subsec. (b)(2) by replacing references to technical high school system and technical high school with references to Technical Education and Career System and technical education and career school, adding Subpara. (F) re information regarding transition process of system as independent agency, making a technical change, and replaced references to technical high school system and technical high school with references to Technical Education and Career System and technical education and career school, respectively, effective July 1, 2017; P.A. 18-103 made a technical change in Subsec. (b)(2), effective July 1, 2018; P.A. 18-139 amended Subsec. (a) by deleting reference to Commissioner of Economic and Community Development, effective June 11, 2018; P.A. 21-141 amended Subsecs. (b)(1)(C) and (b)(2)(A) to change reference to 30 years to 10 years, effective July 7, 2021; P.A. 22-118 amended Subsec. (a) by adding “the executive director of the Technical Education and Career System” and making a conforming change and amended Subsec. (b)(2) by replacing references to “superintendent” with “executive director”, effective July 1, 2022; P.A. 23-117 amended Subsec. (b) by deleting former Subdiv. (1) re required submissions by Labor Commissioner, deleting Subdiv. (2) designator and redesignating existing Subparas. (A) to (E) as Subdivs. (1) to (5), amending new Subdiv. (1) by replacing reference to skills identified by Labor Commissioner with skills required for future workforce development, amending new Subdiv. (2) by redesignating existing clauses (i) to (iv) as new Subparas. (A) to (D), amending new Subpara. (D) by replacing “wages prior to enrolling and after graduating” with “available wage data”, amending Subpara. (5) by replacing “information regarding staffing” with “information regarding staffing needs”, deleting former Subpara. (F) re transition process of the Technical Education and Career System, and making a technical change, effective June 27, 2023.

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