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 Forefighter 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 Subdiv. (42) in Subsec. (a) re Gulf War Veterans Day; P.A. 97-77 added Subsec. (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 Forefighter and Emergency Medical Services Personnel Week,
effective June 13, 1997; P.A. 97-288 added new Subdiv. (46) in Subsec. (a) 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 amended Subsec. (a) by adding Subdiv. (47) re Connecticut Aviation Pioneer Day,
effective April 25, 2003; P.A. 03-79 amended Subsec. (a) by adding Subdiv. (48) re Juneteenth Independence Day, effective
June 3, 2003; P.A. 05-49 amended Subsec. (a) by adding Subdiv. (49) re Corsair Day, effective May 9, 2005; P.A. 05-179
amended Subsec. (a) by adding Subdiv. (50) re Frederick Law Olmsted Day.
PART III
REGIONAL SCHOOLS
Sec. 10-56. Corporate powers. Bond issues. (a) A regional school district shall
be a body politic and corporate with power to sue and be sued; to purchase, receive,
hold and convey real and personal property for school purposes; and to build, equip,
purchase, rent, maintain or expand schools. Such district may issue bonds, notes or other
obligations in the name and upon the full faith and credit of such district and the member
towns to acquire land, prepare sites, purchase or erect buildings and equip the same for
school purposes, if so authorized by referendum. Such referendum shall be conducted
in accordance with the procedure provided in section 10-47c except that any person
entitled to vote under section 7-6 may vote and the question shall be determined by the
majority of those persons voting in the regional school district as a whole. The exercise
of any or all of the powers set forth in this section shall not be construed to be an
amendment of a regional plan pursuant to said section 10-47c. A regional board of
education may expend any premium in connection with such issue, interest on the proceeds of such issue or unused portion of such issue to add to the land or buildings erected
or purchased and for the purchasing and installing of equipment for the same. Such
bonds, notes or other obligations shall be issued as either serial or term bonds or both,
in registered form or with coupons attached, registrable as to principal and interest or
as to principal alone, shall be signed by the chairman and the treasurer of the regional
board of education and shall mature at such time or times, or contain provisions for
mandatory amortization of principal at such time or times, be issued at such discount
or bear interest at such rate or rates payable at such time or times, or contain provisions
for the method or manner of determining such rate or rates or time or times at which
interest is payable, and contain such provisions for redemption before maturity at the
option of the issuer or at the option of the holder thereof at such price or prices and
under such terms and conditions as shall be determined by such board, or by such officer
or body to whom the regional board of education delegates the authority to make such
determinations, provided that any serial bonds, notes or other obligations shall be so
arranged to mature in annual or semiannual installments of principal that shall substantially equalize the aggregate amount of principal and interest due in each annual period
commencing with the first annual period in which an installment of principal is due or
maturing in annual or semiannual installments of principal no one of which shall exceed
by more than fifty per cent the amount of any prior installment, and any term bonds,
notes or other obligations, shall be issued with mandatory deposit of sinking fund payments into a sinking fund of amounts sufficient to redeem or amortize the principal
of the bonds in annual or semiannual installments that shall substantially equalize the
aggregate amount of principal redeemed or amortized and interest due in each annual
period commencing with the first annual period in which a mandatory sinking fund
payment becomes due, or sufficient to redeem or amortize the principal of the bonds in
annual or semiannual installments no one of which shall exceed by more than fifty per
cent the amount of any installment. The first installment of any series of bonds shall
mature or the first sinking fund payment of any series of bonds shall be due not later
than three years from the date of issue of such series and the last installment of such
series shall mature or the last sinking fund payment of such series shall be due not later
than twenty years therefrom. Such bonds, notes or other obligations when executed,
issued and delivered, shall be general obligations of such district and the member towns,
according to their terms.
(b) "Annual receipts from taxation" means the receipts from taxation of the member
towns for the fiscal year next preceding the beginning of the current fiscal year of such
regional school district. Notwithstanding the provisions of section 7-374, any regional
school district may assume bonds, notes or other obligations of any member town as
part of the purchase price of any property for school purposes or issue bonds, notes or
other obligations, provided the aggregate indebtedness of such district shall not exceed:
(1) In the case of a regional school district serving the same towns as are served by
two or more town school districts, two and one-quarter times the annual receipts from
taxation or (2) in the case of a regional school district empowered to provide for the
member towns all programs under the general supervision and control of the State Board
of Education, four and one-half times such annual receipts from taxation. Any regional
school district may issue additional bonds, notes or other obligations in an amount not
to exceed three and one-half times such annual receipts from taxation less the aggregate
indebtedness computed in accordance with section 7-374, for the member towns of
such district. In computing the aggregate indebtedness of a regional school district for
purposes of this section and section 7-374 there shall be excluded each bond, note or
other evidence of indebtedness issued in anticipation of the receipt of (A) payments by
a member town or the state for the operation of such district's schools and (B) proceeds
from any state or federal grant for which the district has received a written commitment
or for which an allocation has been approved by the State Bond Commission or from a
contract with the state, a state agency or another municipality providing for the reimbursement of capital costs but only to the extent such indebtedness can be paid from
such proceeds.
(c) When a district has been authorized to issue general obligation bonds, notes or
other obligations as provided by this section, the board may authorize, for a period not
to exceed eight years, the issue of temporary notes in anticipation of the receipt of the
proceeds from the sale of such bonds. Notes issued for a shorter period of time may be
renewed by the issue of other notes, provided the period from the date of the original
notes to the maturity of the last notes issued in renewal thereof shall not exceed eight
years. The term of such notes shall not be included in computing the time within which
such bonds shall mature, provided such term does not exceed four years. For any series
of notes the term of which is extended past the fourth year, the provisions of section 7-378a providing for the retirement from budgeted funds of one-twentieth of the net project
cost, the reduction of the term of the bonds when sold and the commencement of the
first principal payment of such bonds, shall apply with respect to each year beyond the
fourth that the notes are outstanding. The provisions of section 7-373 shall be deemed
to apply to such notes. The board, or such officer or body to whom the board delegates
the authority to make such determinations, shall determine the date, maturity, interest
rate, form, manner of sale and other terms of such notes which shall be general obligations of the regional school district and member towns. Such notes may bear interest or
be sold at a discount. The interest or discount on such notes and any renewals thereof
and the expense of preparing, issuing and marketing them may be included as a part of
the cost of the project for the financing of which such bonds were authorized. Upon the
sale of such bonds, the board shall apply immediately the proceeds thereof, to the extent
required, to the payment of the principal and interest of all notes issued in anticipation
thereof or deposit the proceeds in trust for such purpose with a bank or trust company,
which may be the bank or trust company, if any, at which such notes are payable.
(d) Subject to the provisions of subsection (c) of this section, the board may deposit
or invest the proceeds of bonds, notes or other obligations as permitted in section 7-400
or 7-402.
(1949 Rev., S. 1381; 1951, 1955, S. 911d; 1953, S. 919d; November, 1955, S. N118; February, 1965, P.A. 7; 1967,
P.A. 626, S. 2; 674; 1969, P.A. 132, S. 2; 698, S. 16; P.A. 74-239, S. 1, 2; P.A. 86-350, S. 17, 28; P.A. 87-506, S. 7, 9;
P.A. 89-337, S. 4, 6.; P.A. 93-158, S. 6, 11; P.A. 95-282, S. 6, 11; P.A. 96-244, S. 38, 63; P.A. 99-97, S. 3, 6; June Sp.
Sess. P.A. 05-6, S. 33.)
History: 1965 act allowed regional school districts to redeem bonds by issuing new one; 1967 acts replaced one year
limit on original and renewal notes with two-year limit; 1969 acts increased maturity limit on renewal notes for notes
originally issued for less than two years to four years; 1969 acts divided section into subsections and added powers to sue
and be sued, to purchase, convey, etc. real and personal property and to build, equip, maintain, etc. schools, rephrased
provisions concerning bonding power and referendum, deleted provision for numbering districts in order of incorporation,
rephrased provision regarding maturity of installments, added Subsec. (b) basing bond limit on aggregate indebtedness
and annual receipts from taxation, placed four-year limit on temporary notes regardless of whether they are initial notes
or renewals, rephrased other provisions concerning notes and added Subsec. (d) concerning investment or deposit of
proceeds of bonds and notes; P.A. 74-239 amended Subsec. (a) to add statement that exercise of powers under section is
not to be construed as amendment of regional plan; P.A. 86-350 made a variety of changes for purposes of clarification,
updating the statutes to conform to current financial practices and to conform to anticipated changes in federal tax policy;
P.A. 87-506 amended Subsec. (a) to provide for various methods of determining payment amounts; P.A. 89-337 allowed
semiannual installments, provided that the first maturity date or sinking fund payment shall be not later than three years,
rather than two, from the issuance date and clarified the powers which the board may delegate to an officer or a body; P.A.
93-158 amended Subsec. (a) by deleting provision re redemption by new issuance and amended Subsec. (b) by redefining
"annual receipts from taxation" to be receipts for fiscal year preceding beginning of current year rather than those preceding
close of last year and adding provision re exclusions from the computation of aggregate indebtedness, effective June 23,
1993; P.A. 95-282 amended Subsec. (d) to make technical changes, effective July 6, 1995, provided "any designation of
a depository of public funds of the state or any municipality or regional school district, and any prescription of the method
of supervision of the investment and reinvestment of trust funds of a municipality, made in accordance with the applicable
provisions of sections 4-33, 7-401, 7-402, 7-403, subsection (c) of section 10-52 or subsection (d) of section 10-56 in effect
on or before July 6, 1995, shall remain in effect until rescinded or otherwise modified in accordance with the provisions
of public act 95-282" (Revisors note: The reference to "section 10-52" appears to be a clerical error since Subsec. (c) of
Sec. 10-51 was amended by Sec. 5 of P.A. 95-282); P.A. 96-244 revised effective date section of P.A. 95-282 but without
affecting this section; P.A. 99-97 amended Subsec. (b) to add reference to Sec. 7-374 in computing the aggregate indebtedness of districts, effective June 3, 1999; June Sp. Sess. P.A. 05-6 amended Subsec. (c) to permit period to extend up to
eight years and add language re terms extending past the fourth year, effective July 1, 2005.
PART IVa
REGIONAL EDUCATIONAL SERVICE CENTERS
Sec. 10-66j. Regulations. Annual grants, proportional reduction. Requirement for use of part of grant. Support of regional efforts to recruit and retain
minority educators and support of collection and analysis of data on reduction of
racial, ethnic and economic isolation. (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) Each regional educational service center shall annually expend at least six and
one-quarter per cent of the amount received pursuant to this section to assist local and
regional boards of education implementing the educational goals and objectives specifically identified by the State Board of Education.
(d) 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.
(e) Each regional educational service center shall support regional efforts to recruit
and retain minority educators and to support the collection and analysis of data on school
district efforts to reduce racial, ethnic and economic isolation.
(f) Notwithstanding the provisions of this section, for the fiscal years ending June
30, 2004, to June 30, 2007, 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.)
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 fifty-six thousand
dollars and amended Subsec. (c) directing that any funds appropriated in excess of three hundred twenty-five thousand
dollars 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
fifty to seventy thousand dollars 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 seventy thousand to seventy-five thousand
dollars; P.A. 87-327 amended Subsec. (b) to increase grant amount from seventy-five to eighty-five thousand dollars; 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.
PART IVb*
CHARTER SCHOOLS
*See Sec. 10-285h re pilot program for development of a state charter school.
Sec. 10-66cc. School profile. Report. (a) The governing council of a charter
school shall submit annually, to the Commissioner of Education, a school profile as
described in subsection (c) of section 10-220.
(b) The governing council of each charter school shall submit annually, to the Commissioner of Education, at such time and in such manner as the commissioner prescribes,
and, in the case of a local charter school, to the local or regional board of education for
the school district in which the school is located, a report on the condition of the school,
including (1) the educational progress of students in the school, (2) the financial condition of the school, including a certified audit statement of all revenues and expenditures,
(3) accomplishment of the mission, purpose and any specialized focus of the charter
school, (4) the racial and ethnic composition of the student body and efforts taken to
increase the racial and ethnic diversity of the student body, and (5) best practices employed by the school that contribute significantly to the academic success of students.
(P.A. 96-214, S. 3; P.A. 97-290, S. 8, 29; P.A. 05-245, S. 21.)
History: P.A. 97-290 amended Subsec. (b) to add Subdiv. (4) re racial and ethnic composition, effective July 1, 1997;
P.A. 05-245 amended Subsec. (b) by making a technical change and adding Subdiv. (5) re best practices, effective July
1, 2005.
Sec. 10-66ee. Charter school funding. Special education students. Transportation. Contracts. (a) For the purposes of education 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) 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.
(c) (1) The state shall pay in accordance with this subsection, to the fiscal authority
for a state charter school, for the fiscal year ending June 30, 2006, seven thousand six
hundred twenty-five dollars for each student enrolled in such school, and for the fiscal
year ending June 30, 2007, and for each fiscal year thereafter, eight thousand dollars
for each student enrolled in such school. Such payments shall be made as follows:
Twenty-five per cent of the amount not later than July fifteenth and September fifteenth
based on estimated student enrollment on May first, and twenty-five per cent of the
amount not later than January fifteenth and the remaining amount not later than April
fifteenth, each based on student enrollment on October first. If, for any fiscal year, the
total amount appropriated for grants pursuant to this subdivision exceeds seven thousand
two hundred fifty dollars per student, the amount of such grants payable per student
shall be increased proportionately. For the fiscal year ending June 30, 2005, such increase shall be limited to one hundred ten dollars per student. (2) 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.
(d) On or before October fifteenth of the fiscal years beginning July 1, 2001, and
July 1, 2002, the Commissioner of Education shall determine if the enrollment in the
program for the fiscal year is below the number of students for which funds were appropriated. If the commissioner determines that the enrollment is below such number, the
additional funds shall not lapse but shall be used by the commissioner for (1) grants for
interdistrict cooperative programs pursuant to section 10-74d, (2) grants for open choice
programs pursuant to section 10-266aa, or (3) grants for interdistrict magnet schools
pursuant to section 10-264l.
(e) Notwithstanding any provision of the general statutes to the contrary, if at the
end of a fiscal year amounts received by a state charter school, pursuant to subdivision
(1) of subsection (c) 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.
(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.)
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 six thousand five hundred dollars per student from an amount equal to one hundred five per cent 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 seven thousand dollars 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 seven thousand dollars to seven thousand two hundred fifty dollars 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 seven thousand six hundred twenty-five dollars and
by adding language re per pupil grant of eight thousand dollars for the fiscal year ending June 30, 2007, and each fiscal
year thereafter, effective July 1, 2005.
Sec. 10-66hh. Program to assist charter schools with capital expenses. For the
fiscal years ending June 30, 2006, and June 30, 2007, the Commissioner of Education
shall establish, within available bond authorizations, a grant program to assist state
charter schools in financing (1) school building projects, as defined in section 10-282,
(2) general improvements to school buildings, as defined in subsection (a) of section
10-265h, and (3) repayment of debt incurred prior to July 1, 2005, for school building
projects. The governing authorities of such state charter schools may apply for such
grants to the Department of Education at such time and in such manner as the commissioner prescribes. The commissioner shall give preference to applications that provide
for matching funds from nonstate sources.
(June Sp. Sess. P.A. 01-1, S. 28, 54; P.A. 03-76, S. 50; Sept. 8 Sp. Sess. P.A. 03-2, S. 24; June Sp. Sess. P.A. 05-6, S. 36.)
History: June Sp. Sess. P.A. 01-1 effective July 1, 2001; P.A. 03-76 made a technical change, effective June 3, 2003;
Sept. 8 Sp. Sess. P.A. 03-2 amended section to extend grant program through fiscal year ending June 30, 2004, limiting
eligibility for grants to state charter schools whose charters were renewed in fiscal years ending June 30, 2001, June 30,
2002, and June 30, 2003, effective September 10, 2003; June Sp. Sess. P.A. 05-6 replaced reference to fiscal years ending
June 30, 2002, to June 30, 2004, with reference to fiscal years ending June 30, 2006, and June 30, 2007, eliminated provision
re within available appropriations, added language re assistance for repayment of debt incurred prior to July 1, 2005,
removed restriction that eligibility be for schools with charters renewed during the fiscal years ending June 30, 2001, to
June 30, 2003, eliminated language limiting schools to one grant not to exceed five hundred thousand dollars and added
language permitting commissioner to give preference to schools with matching funds from nonstate sources, effective July
1, 2005.
See Sec. 10-66jj re bond authorization.
Sec. 10-66ii. Report on best practices employed by charter schools. The Department of Education shall, annually, publish a report on all of the best practices reported
by governing councils of charter schools pursuant to subdivision (5) of subsection (b)
of section 10-66cc and distribute a copy of such report to each public school superintendent and the governing council of each charter school.
(P.A. 05-245, S. 22.)
History: P.A. 05-245 effective July 1, 2005.
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 ten million dollars, provided five million dollars of said authorization
shall be effective July 1, 2006.
(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.)
History: June Sp. Sess. P.A. 05-6 effective July 1, 2005.
PART V
SPECIAL SCHOOLS AND CLASSES
Sec. 10-71. State grants for adult education programs. (a) Each local or regional
board of education or regional educational service center which has submitted an adult
education proposal to the State Board of Education pursuant to section 10-71a shall,
annually, be eligible to receive a state grant based on a percentage of eligible costs for
adult education as defined in section 10-67, provided such percentage shall be determined as follows:
(1) The percentage of the eligible costs for adult education a local board of education
shall receive, under the provisions of this section, shall be determined as follows: (A)
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 (B) based upon such ranking, a percentage of not less than zero or
more than sixty-five shall be determined for each town on a continuous scale, except
that the percentage for a priority school district pursuant to section 10-266p shall not
be less than twenty. Any such percentage shall be increased by seven and one-half
percentage points but shall not exceed sixty-five per cent for any local board of education
which provides basic adult education programs for adults at facilities operated by or
within the general administrative control and supervision of the Department of Mental
Health and Addiction Services, provided such adults reside at such facilities.
(2) The percentage of the eligible costs for adult education a regional board of
education shall receive under the provisions of this section shall be determined by its
ranking. Such ranking shall be determined by (A) multiplying the total population, as
defined in section 10-261, of each town in the district by such town's ranking, as determined in subdivision (1) of this subsection, (B) adding together the figures for each
town determined under (A), and (C) dividing the total computed under (B) 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 and each such board shall receive the
same reimbursement percentage as would a town with the same rank, except that the
reimbursement percentage for a priority school district pursuant to section 10-266p shall
not be less than twenty.
(3) The percentage of the eligible costs for adult education a regional educational
service center shall receive under the provisions of this subsection and section 10-66i
shall be determined by its ranking. Such ranking shall be determined by (A) multiplying
the total population, as defined in section 10-261, of each member town in the regional
educational service center by such town's ranking, as determined in subdivision (1) of
this subsection, (B) adding together the figures for each town determined under (A),
and (C) dividing the total computed under (B) by the total population of all member
towns in the regional educational service center. The ranking of each regional educational service center shall be rounded to the next higher whole number and each such
center shall receive the same reimbursement percentage as would a town with the
same rank.
(b) Notwithstanding the provisions of subdivision (6) of section 10-67, a local or
regional board of education or regional educational service center shall be eligible to
receive an amount to be paid pursuant to the provisions of subsection (c) of this section.
The amount shall equal the eligible expenditures from funds received from private
sources by the local or regional board of education, regional educational service center
or cooperating eligible entity multiplied by the appropriate percentage, as determined
under subsection (a) of this section, provided such amount shall not exceed twenty per
cent of the amount received by the local or regional board of education or regional
educational service center pursuant to subsection (a) of this section for the previous
fiscal year. For payments from private sources to be eligible for reimbursement pursuant
to this subsection, (1) based upon estimated eligible costs approved by the Department
of Education, the eligible expenditures from local taxes in a fiscal year shall not be less
than seventy per cent of the eligible expenditures from local taxes for the previous fiscal
year, and (2) the local or regional board of education, regional educational service center
or cooperating eligible entity shall provide, not later than a date to be determined by the
Commissioner of Education, evidence satisfactory to the commissioner of a written
commitment of a payment from a private source. Evidence of actual payment shall be
submitted to the commissioner not later than a date established by the commissioner.
Upon receipt by a board of education or regional educational service center of state
funds pursuant to this subsection attributable to expenditures of a cooperating eligible
entity, the board or center shall provide for the distribution of such funds to the cooperating eligible entity for the provision of adult education programs and services pursuant
to subdivision (1) of subsection (a) of section 10-69.
(c) Payments pursuant to this section for each estimated total grant of fifteen hundred dollars or more shall be made during the fiscal year in which such programs are
offered as follows: Two-thirds of the grant entitlement based on estimated eligible costs
of adult education, included in the approved proposal, in August and the adjusted balance, based on a revised estimate of such eligible costs to be filed with the Commissioner
of Education at such time as the commissioner prescribes, in May. Payments pursuant
to this section for each estimated total grant of less than fifteen hundred dollars shall
be made in a single installment in May of the fiscal year in which such programs are
offered, based on a revised estimate of the eligible costs of adult education filed with
the Commissioner of Education at such time as the commissioner prescribes. Each recipient of a grant pursuant to this section shall submit a report of actual revenue and expenditures to the Commissioner of Education in such manner and on such forms as the commissioner prescribes on or before the September first immediately following the end of
the grant year. Based on the report data, the commissioner shall calculate any underpayment or overpayment of the grant paid pursuant to this section and shall adjust the
grant for the fiscal year following the fiscal year in which such underpayment or overpayment occurred or any subsequent fiscal year.
(d) Notwithstanding the provisions of this section, for the fiscal years ending June
30, 2004, to June 30, 2007, inclusive, the amount of the grants payable to towns, regional
boards of education or regional educational service centers in accordance with this section shall be reduced proportionately if the total of such grants in such year exceeds the
amount appropriated for the purposes of this section for such year.
(1949 Rev., S. 1389; 1957, P.A. 581, S. 2; 1961, P.A. 512, S. 2; 1967, P.A. 166, S. 2; P.A. 74-281, S. 2; P.A. 75-479,
S. 6, 25; 75-576, S. 2; P.A. 78-218, S. 55; P.A. 79-128, S. 6, 36; P.A. 81-397, S. 6; June Sp. Sess. P.A. 83-4, S. 5, 8; P.A.
84-325, S. 2, 7; P.A. 85-476, S. 1, 6; 85-557, S. 1, 3; P.A. 86-333, S. 5, 32; May Sp. Sess. P.A. 86-1, S. 31, 58; P.A. 87-499, S. 31, 34; P.A. 88-360, S. 8, 9, 63; P.A. 89-355, S. 4, 20; P.A. 90-33, S. 2, 4; June Sp. Sess. P.A. 91-7, S. 4, 22; P.A.
92-262, S. 20, 42; P.A. 93-126, S. 2, 3; 93-381, S. 9, 39; P.A. 95-257, S. 31, 58; 95-259, S. 7, 32; P.A. 99-224, S. 8, 9;
P.A. 03-76, S. 8, 9; 03-100, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 10; P.A. 04-257, S. 10; P.A. 05-245, S. 16.)
History: 1961 act increased rate of reimbursement from six to twelve cents per pupil clock hour and added exception
for classes defined as largely recreational in nature; 1967 act required certification of attendance before August first rather
than "on the first day of July"; P.A. 74-281 substituted "school district" for "town" in first sentence and deleted other
references to town boards, required certification by school districts providing services to other districts, changed reimbursement from twelve cents per pupil clock hour to formula multiplying average daily membership grant by pupil clock hours
and dividing by 1,260 and substituted "persons sixty-two years of age or over" for "aged persons, as defined by the state
board"; P.A. 75-479 changed divisor in formula to 1,080 and excluded from payment classes or activities "offered pursuant
to subdivisions (1) or (2) of section 10-69" rather than those "defined by the state board of education to be largely recreational
in nature"; P.A. 75-576 added phrase specifying that approval of state board necessary for cooperative arrangements
between school districts and allowed payment for classes "primarily" for handicapped or elderly persons; P.A. 78-218
referred to any local or or regional board rather than the board of any school district and made other technical changes;
P.A. 79-128 changed formula by substituting "product" for "sum" and "the sum of two hundred fifty dollars" for "the
average daily membership grant"; P.A. 81-397 terminated previous provisions re reimbursement for adult education as of
June 30, 1981, and added Subsec. (b) providing for annual grants based on eligible costs as determined by specified formula;
June Sp. Sess. P.A. 83-4 amended Subdiv. (3) of Subsec. (b) to clarify that population figures used in calculating grants
are to be total population figures as defined in Sec. 10-261; P.A. 84-325 deleted former Subsec. (a) re reimbursement of
school districts for adult education programs offered during the fiscal year ending June 30, 1981; P.A. 85-476 amended
section 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. 85-557
amended section to provide for payment of grants of less than fifteen hundred dollars in a single installment; P.A. 86-333
substituted 1986 for 1983 in the introductory paragraph, in Subdiv. (2) inserted "total" in Subpara. (A); and in Subdiv. (3)
provided for the submission of a report and adjustments in grant amounts for overpayments and underpayments; May Sp.
Sess. P.A. 86-1 added "total" in Subpara. (A) of Subdiv. (2) and in Subdiv. (3) amended the payment schedules by substituting March for April and May for June and by providing that for grants of fifteen hundred dollars or more, two-thirds be
paid in August rather than one-third in August and one-third in December; P.A. 87-499 added new Subsec. (b) re reimbursement for payments from private sources, divided old section into Subsecs. (a) and (c) and made technical changes; P.A.
88-360 in Subsec. (b) added in Subdiv. (1) that eligible expenditures from local taxes be based on estimated eligible costs
approved by the state department of education, specified that the board or center distribute state funds attributable to the
expenditures of a cooperating eligible entity to the entity for providing certain adult education programs and services upon
receipt of such funds and made technical changes and in Subsec. (c) substituted two-thirds of the grant entitlement based
on estimated eligible costs for two-thirds of the estimated eligible costs, substituted February fifteenth for March fifteenth
as the date on or before which a revised estimate is to be filed and made technical changes; P.A. 89-355 in Subdiv. (1) of
Subsec. (a) changed the reimbursement percentage sliding scale of thirty to seventy to ten to seventy and provided for a
five percentage point increase for boards of education which provide basic adult education programs for certain adults;
P.A. 90-33 in Subsec. (b) provided that for payments from private sources to be eligible for reimbursement the eligible
expenditures from local taxes be not less than seventy per cent of the eligible expenditures from local taxes for the previous
fiscal year; June Sp. Sess. 91-7 amended Subsec. (a) by requiring that grants be "within available appropriations"; P.A.
92-262 amended Subsec. (a) to delete provision specifying that grants be within available appropriations and in Subdiv.
(1) to change ten to zero, seventy to sixty-five and five to seven and one-half and to add the exceptions for boards serving
four thousand or two thousand students; P.A. 93-126 amended Subsec. (a) to make technical changes, Subsec. (b) to change
the percentage limit from "ten" to "twenty" and Subsec. (c) to change the filing date in two places from February fifteenth
to a time prescribed by the commissioner and to allow the commissioner to adjust the grant in any subsequent fiscal year
for an underpayment or overpayment, effective July 1, 1993; P.A. 93-381 replaced Connecticut alcohol and drug abuse
commission with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 deleted Subpara.
(ii) of Subdiv. (1) of Subsec. (a) re facilities operated 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. (c) to extend the time for the report from "August" to "September" and made technical
changes throughout the section, effective July 1, 1995; P.A. 99-224 amended Subsec. (a) to add the requirement in Subdivs.
(1) and (2) that the percentage for a priority school district be at least twenty, effective July 1, 1999; P.A. 03-76 made
technical changes in Subsecs. (a)(1) and (b), effective June 3, 2003; P.A. 03-100 amended Subsec. (a)(1) by inserting "and"
after Subpara. (A), deleting provisions in Subpara. (B) re percentage increase for service of four thousand or more students
and deleting Subpara. (C) re service of two thousand or more students, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 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. 04-257 made a technical change in Subsec. (a)(1)(B), effective June 14, 2004; P.A. 05-245 amended
Subsec. (d) to extend the proportional reduction of grants through the fiscal year ending June 30, 2007, effective July 1, 2005.
Sec. 10-76d. Duties and powers of boards of education to provide special education programs and services. Determination of eligibility for Medicaid. Public
agency placements; apportionment of costs. Relationship of insurance to special
education costs. (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 suitable educational programs for
eligible children, maintain a record thereof and make such reports as the commissioner
may require.
(2) Any 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, may 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, request that the parent
or guardian of the child apply for Medicaid. 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.
(3) 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. 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.
(4) 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 (2) 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.
(5) 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.
(6) 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.
(7) 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 update annually a statement of transition service needs for
each child requiring special education.
(8) Each local and regional board of education 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. Such parent, guardian, pupil
or surrogate parent shall be given at least five school days' prior notice of any planning
and placement team meeting conducted for such child or pupil and shall have the right
to be present at and participate in and to have advisors of such person's own choosing
and at such person's own expense to be present at and to participate in all portions of
such meeting at which an educational program for such child or pupil is developed,
reviewed or revised. 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 the laws relating to special education
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 special education. 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 board shall have in effect at the beginning of each school
year an educational program for each child who has been identified as eligible for special
education.
(9) 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. Diagnostic and evaluation services eligible for reimbursement under the Medicaid program, recommended by the planning and placement team
and specified on the individualized education program 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.
(10) 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 reaches age twenty-one, 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 Department of Public Health as a day care or nursery
facility or be both approved and licensed.
(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
with any private school or with any 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 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 and an estimated time schedule for returning the child to the community
or transferring such child to another appropriate facility, (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 suitability 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 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
school, institution or agency, provided the private school, institution or agency meets
the educational needs of the child and its program is suitable 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 said 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, said board may meet its obligation to furnish special education for such
child by paying the reasonable cost of special education instruction in a private school,
hospital or other institution provided said board 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.
(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
as are necessary to the provision of such special education except for children who are
placed in a residential facility because of the need for 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 other
provisions 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, the Department
of Correction, pursuant to section 18-99a, or the Department of Mental Retardation,
pursuant to section 17a-240, 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, 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.
(3) Payment for children who require special education and who reside on state-owned or leased property or in permanent family residences as defined in section 17a-154, and who are not the educational responsibility of the unified school districts established pursuant to section 17a-37, section 17a-240 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. A school district otherwise eligible for reimbursement
under the provisions of this subdivision for the costs of education of a child residing in
a permanent family residence shall continue to be so eligible in the event that a person
providing foster care in such residence adopts the child. Notwithstanding the provisions
of this subdivision, for the fiscal years ending June 30, 2004, and June 30, 2005, 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 State Board of Education shall pay to
the Department of Mental Health and Addiction Services one hundred per cent of the
reasonable costs of such educational services provided to eligible residents of such
facilities. Payment shall be made by the board as follows: Eighty-five per cent of the
estimated cost in July and the adjusted balance in May.
(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) 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 suitable special education programs for
such children is available in the state; (2) no public or approved private facility which
can reasonably provide suitable 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 a suitable 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.
(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.)
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 amended Subsec. (g) by adding Subdiv. (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 Subdivs. (2) and (3) in Subsec. (e) 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: (1) Limiting school board responsibility for transporting handicapped children
"curb to curb" to mean not beyond the curb of their residence, (2) 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, (3) 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, (4) creating a uniform system of payments for towns
which educate children who reside on state property, and (5) 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 Subdiv. (4) in Subsec. (e)
concerning residents of department of mental health facilities who are between the ages of eighteen and twenty-one,
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 Subdiv. (2) of Subsec. (e) substituted 1987 for 1982 and added placements
in day treatment facilities to types of placements to which the subdivision applies, in Subdiv. (4) of Subsec. (e) provided
that boards submit reports of expenditures and that grant adjustments be made for overpayments or underpayments, in
Subdiv. (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, amended Subsec. (d) to add new Subdiv. (3) requiring, with
phase-in provisions, that private facilities be approved and changed a payment date in Subdiv. (4) of Subsec. (e) 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 three to five and in
Subdiv. (4) of Subsec. (e) 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
seventy-five, 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 Subdiv. (1) of Subsec. (e); 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) to add
provisions concerning transition services in Subdiv. (6) and to authorize 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 made Subdiv. (4) of Subsec. (e) 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 Subdiv. (2) of Subsec. (e) 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) in Subdiv. (2) to change the criteria for towns to be required to determine Medicaid
eligibility from any town in which the number of children exceeds seventy-five 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) to require 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) to change 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 to make the description of the children
consistent with Subdiv. (2), effective July 1, 1994; P.A. 95-237 amended Subsec. (a) to increase the requirements for
notification in Subdiv. (11) 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 Subdiv. (4)(A) of Subsec. (e) 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 Subdiv. (2) of Subsec. (a) to raise the threshold for
the determination of Medicaid eligibility from "one" to "five" thousand children, effective July 6, 1995; P.A. 96-146 (1)
amended Subdivs. (2) to (4), inclusive, of Subsec. (a) 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 (2) 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 thirty 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 Subdiv. (2) of Subsec. (e) 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 Subdiv. (5) of Subsec. (e) to change the time frames for (1) the original submission from
October to December, (2) the claim for additional children or costs from April to February and (3) the payments from
December and June to February and April, to increase the amount of the first payment from fifty to seventy-five per cent
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) by deleting in Subdiv. (2) 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 five thousand and by substituting in
lieu thereof that any local or regional board of education may determine a child's Medicaid enrollment status, by adding
in Subdiv. (2) "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, by deleting all provisions in
former Subdivs. (3) and (4), by 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 sixty 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. 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.", by 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, by deleting all provisions
in former Subdiv. (7), by substituting in the new Subdiv. (6) (formerly Subdiv. (8)) "local or regional board of education"
for "town or regional school district", by deleting all provisions in former Subdiv. (9), by renumbering the remaining
Subdivs. accordingly, by adding in new Subdiv. (9) provisions re regulations and by making technical changes throughout,
effective July 1, 1999; P.A. 00-48 rewrote Subdiv. (7) of Subsec. (a), changing the time frame for the development of the
statement of transition service needs from age fifteen to age fourteen and requiring the statement to focus on courses of
study, made a technical change in Subsec. (d) and amended Subdiv. (4) of Subsec. (e) to change the time for the payment
of eighty-five per cent 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 "sixty" to "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", 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) by making a technical change in Subdiv.
(2) and by 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 amended Subsec. (a) by adding new Subdiv. (9) re services
deemed eligible for reimbursement under the Medicaid program and 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.
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:
(a) "Per pupil cost" in a school district is the quotient of net current expenses, as
defined in section 10-261, divided by such school district's average daily membership,
as defined in section 10-261.
(b) "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.
(c) "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.
(d) "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.
(e) "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.
(f) "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.
(g) "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.
(h) "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, (1) 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, (2) the total amount of any funds from
Medicaid payments expended by the board in such year and used to implement special
education programs, and (3) expenditures for special education provided to children
requiring special education who are described in subparagraph (B) of subdivision (5)
of section 10-76a.
(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.)
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
Subdiv. (1) of Subsec. (h); 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 Subdiv. (1) in Subsec. (h) 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.
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-50,
inclusive, and 17a-52. (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 or in permanent family residences, as defined in section 17a-154, and who are
not the educational responsibility of the unified school districts established pursuant to
sections 17a-37, 17a-240 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 (A) for any fiscal year commencing prior to July
1, 2005, five times 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, and (B) for the fiscal year commencing July 1, 2005, and each fiscal
year thereafter, four and one-half times such average per pupil educational costs of such
board of education. The State Board of Education shall 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 the provisions of this section, for the fiscal years ending June
30, 2004, to June 30, 2007, inclusive, the amount of the grants payable to local or regional
boards of education in accordance with this section, except grants paid in accordance
with subdivision (2) of subsection (a) of this section, for the fiscal years ending June
30, 2006, and June 30, 2007, shall be reduced proportionately if the total of such grants in
such year exceeds the amount appropriated for the purposes of this section for such year.
(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.)
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 fifty per cent 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 fifty rather than sixty-six and two-thirds per cent 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 twenty to twenty-five per cent, amended Subsec. (d) to delete Subdiv. (1) and renumber remaining subdivisions, 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 one hundred twenty per cent 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 (1) 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, (2) that payment to the department of children and youth services be one hundred
per cent 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, (3) 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 Subdivs. (2) and (3) of Subsec. (d) 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 Subdiv. (2) of Subsec. (b) as Subdiv. (1) of Subsec. (a), added new Subdiv. (2) to new Subsec. (a) 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 thirty to seventy to twenty-five to seventy; P.A. 90-225 in Subsec. (c)
changed the reimbursement percentage sliding scale of twenty-five to seventy to ten to seventy 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 Subdiv. (1) of Subsec. (e) 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 Subdiv.
(1) of Subsec. (e) of Sec. 10-76a, amended Subsec. (b) to make the existing Subsec. Subdiv. (1) and added Subdiv. (2),
amended Subdiv. (1) of Subsec. (c) to add reference to Sec. 2-32a, to substitute zero for ten and to add exception that no
town receive less than two per cent 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 one hundred per cent of the net cost of special education for the children
described in said Subdiv., effective July 1, 1993; P.A. 93-353 amended Subsec. (d) to add Subdiv. (2) concerning 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 Subdiv. (1) of Subsec. (e)
of Sec. 10-76a, 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 (Revisors 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 (1) submission of the statement from October to December, (2) submission of claims for additional children
or costs from April to February and (3) payments from December and June to February and April, to increase the amount
of the first payment from fifty to seventy-five per cent 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 thirty 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.
Sec. 10-76n. Special education resource center. (a) The State Board of Education
shall continue to maintain the special education resource center, with federal funds
granted to the state for the maintenance of said center under the provisions of the federal
Education for the Handicapped Act, for purposes consistent with the provisions of said
act as it may from time to time be amended. The Commissioner of Education is authorized to accept any federal funds allotted to the state for such purposes and shall administer
such funds in accordance with federal law.
(b) The special education resource center described in subsection (a) of this section
may be conducted by the state education resource center, established pursuant to section
10-4q, as part of its program of activities.
(P.A. 75-115; P.A. 77-614, S. 302, 610; P.A. 05-245, S. 23.)
History: P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective
January 1, 1979; P.A. 05-245 designated existing language as Subsec. (a) and added Subsec. (b) re the state education
resource center, effective July 1, 2005.