AN ACT CONCERNING SPECIAL EDUCATION PLACEMENTS IN PRIVATE FACILITIES. Be it enacted by the Senate and House of Representatives in General Assembly convened:


          Substitute House Bill No. 6705
          Substitute House Bill No. 6705

              PUBLIC ACT NO. 97-114


AN  ACT CONCERNING SPECIAL EDUCATION PLACEMENTS IN
PRIVATE FACILITIES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Subsection  (d) of section 10-76d
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (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 State Board of Education. 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.
    Sec.  2.  This  act  shall take effect July 1,
1997.

Approved June 6, 1997