Substitute Senate Bill No. 61
Substitute Senate Bill No. 61
PUBLIC ACT NO. 98-168
AN ACT CONCERNING SPECIAL EDUCATION, FINANCIAL
RESPONSIBILITY FOR CERTAIN EDUCATION, SCHOOL
DISTRICTS WITH FOSTER CARE PLACEMENTS, CONNECTICUT
MINORITY TEACHER INCENTIVE PROGRAM, EDUCATION
EQUALIZATION AID, TRANSITIONAL SCHOOL DISTRICT
GRANT PROGRAM, EXEMPTIONS FROM BILINGUAL
EDUCATION, REPORTING ON CHARTER SCHOOLS, GRANTS
FOR INTERDISTRICT COOPERATIVE PROGRAMS, GRANTS FOR
INTERDISTRICT MAGNET SCHOOLS, INTERDISTRICT PUBLIC
SCHOOL EDUCATION PROGRAM, STATE PAYMENTS FOR STATE
CHARTER SCHOOLS, AND INTERCOMMUNITY PROGRAM FOR
DISADVANTAGED CHILDREN IN THE HARTFORD SCHOOL
DISTRICT.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 10-76a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Whenever used in sections 10-76a to 10-76i,
inclusive:
(1) "Commissioner" means the Commissioner of
Education.
(2) "Child" means any person under twenty-one
years of age.
(3) An "exceptional child" means a child who
deviates either intellectually, physically or
emotionally so markedly from normally expected
growth and development patterns that he or she is
or will be unable to progress effectively in a
regular school program and needs a special class,
special instruction or special services.
(4) "Special education" means specially
designed instruction developed in accordance with
the regulations of the commissioner, subject to
approval by the State Board of Education offered
at no cost to parents or guardians, to meet the
unique needs of a child with a disability,
including instruction conducted in the classroom,
in the home, in hospitals and institutions, and in
other settings and instruction in physical
education and special classes, programs or
services, including related services, designed to
meet the educational needs of exceptional
children.
(5) "Children requiring special education"
includes any exceptional child who (A) has mental
retardation, a physical handicap or neurological
impairment or who is autistic, traumatically brain
injured, seriously emotionally disturbed or
suffering an identifiable learning disability
which impedes such child's rate of development,
which disability is amenable to correction or
which rate of development may be improved by
special education, [or] (B) has extraordinary
learning ability or outstanding talent in the
creative arts, the development of which requires
programs or services beyond the level of those
ordinarily provided in regular school programs but
which may be provided through special education as
part of the public school program, OR (C) IS AGE
THREE TO FIVE, INCLUSIVE, AND IS EXPERIENCING
DEVELOPMENTAL DELAY THAT CAUSES SUCH CHILD TO
REQUIRE SPECIAL EDUCATION.
(6) "DEVELOPMENTAL DELAY" MEANS SIGNIFICANT
DELAY IN ONE OR MORE OF THE FOLLOWING AREAS: (A)
PHYSICAL DEVELOPMENT; (B) COMMUNICATION
DEVELOPMENT; (C) COGNITIVE DEVELOPMENT; (D) SOCIAL
OR EMOTIONAL DEVELOPMENT; OR (E) ADAPTIVE
DEVELOPMENT, AS MEASURED BY APPROPRIATE DIAGNOSTIC
INSTRUMENTS AND PROCEDURES AND DEMONSTRATED BY
SCORES OBTAINED ON AN APPROPRIATE NORM-REFERENCED
STANDARDIZED DIAGNOSTIC INSTRUMENT.
[(6)] (7) A "child with mental retardation"
is one who has mental retardation, as defined in
the Individuals With Disabilities Act, 20 USC
1400, et seq., as amended from time to time.
[(7)] (8) A "child with a physical handicap"
is one who because of some physical handicap, as
defined in regulations adopted by the State Board
of Education, requires special educational
programs or services.
[(8)] (9) "Related services" means services
to a child recommended by the planning and
placement team which may include the following
services: School psychological, school health,
language, speech and hearing, guidance and
counseling services, including rehabilitation
counseling, social work, transportation, physical
and occupational therapy, translation, parent
counseling and training in understanding the
educational needs of the child and medical
services, provided such medical services are for
diagnostic or evaluation purposes.
[(9)] (10) A "child with a neurological
impairment" is one who has a neurological
impairment, as defined in regulations adopted by
the State Board of Education.
[(10)] (11) A child who is "seriously
emotionally disturbed" is one who has a serious
emotional disturbance, as defined in the
Individuals With Disabilities Education Act, 20
USC 1400, et seq., as amended from time to time.
[(11)] (12) "School age children" are those
who have attained the age at which the town must
commence to provide educational opportunities
pursuant to section 10-186.
[(12)] (13) A child with an "identifiable
learning disability" is one who exhibits a severe
discrepancy between educational performance and
measured intellectual ability and who exhibits a
disorder in one or more of the basic psychological
processes involved in understanding or in using
language, spoken or written, which may manifest
itself in a diminished ability to listen, speak,
read, write, spell or to do mathematical
calculations AND DOES NOT INCLUDE A CHILD WHO HAS
A LEARNING PROBLEM THAT IS PRIMARILY THE RESULT OF
VISUAL, HEARING, MOTOR DISABILITIES, MENTAL
RETARDATION, EMOTIONAL DISTURBANCE, ENVIRONMENTAL,
CULTURAL OR ECONOMIC DISADVANTAGE.
[(13)] (14) "Extraordinary learning ability"
and "outstanding creative talent" shall be defined
by regulation by the commissioner, subject to the
approval of the State Board of Education, after
consideration by said commissioner of the opinions
of appropriate specialists and of the normal range
of ability and rate of progress of children in the
Connecticut public schools.
[(14)] (15) "Transition services" means a
coordinated set of activities for a student,
designed within an outcome-oriented process, which
promotes movement from school to postschool
activities, including postsecondary education,
vocational training, integrated employment which
may include supported employment, continuing and
adult education, adult services, independent
living or community participation. The coordinated
set of activities is based upon the individual
student's needs, taking into account the student's
preferences and interests, and includes
instruction, community experiences, the
development of employment and other postschool
adult living objectives, and where appropriate,
acquisition of daily living skills and functional
vocational evaluation.
Sec. 2. Subsection (b) of section 10-76d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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, [and who have not attained school
age, but whose educational potential will be
irreparably diminished without special education
at an early age] AS AMENDED BY SECTION 1 OF THIS
ACT. 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.
Sec. 3. Subdivision (2) of subsection (e) of
section 10-76d of the general statutes is repealed
and the following is substituted in lieu thereof:
(2) 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, said department 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 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 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 [two and one-half 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. 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 his 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 [two and one-half 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. 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.
Sec. 4. Subsection (b) of section 10-253 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The board of education of the school
district under whose jurisdiction a child would
otherwise be attending school shall be financially
responsible for the reasonable costs of education
for a child placed out by the Commissioner of
Children and Families or by other agencies in a
private residential facility when such child
requires educational services other than special
education services. Such financial responsibility
shall be the lesser of one hundred per cent of the
costs of such education or [two and one-half
times] the average per pupil educational costs of
such board of education for the prior fiscal year,
determined in accordance with subsection (a) of
section 10-76f. Any costs in excess of the boards'
basic contribution shall be paid by the State
Board of Education on a current basis. The costs
for services other than educational shall be paid
by the state agency which placed the child.
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 in
accordance with the provisions of subdivision (5)
of subsection (e) of section 10-76d.
Sec. 5. (NEW) (a) Each local and regional
board of education shall follow the procedures
outlined in this section in determining if a child
requires special education and related services,
as defined in section 10-76a of the general
statutes, as amended by this act. (1) In
conducting an evaluation of the child, the local
or regional board of education shall: (A) Use a
variety of assessment tools and strategies to
gather relevant functional and developmental
information, including information provided by the
child's parent or guardian, that may assist in
determining (i) whether the child is a child, (I)
who requires special education and related
services pursuant to subparagraphs (A) and (C) of
subdivision (5) of section 10-76a of the general
statutes, as amended by section 1 of this act,
(II) whose disability has an adverse effect on his
educational performance, and (III) who, by reason
of such adverse effect requires special education
and related services, and (ii) the content of the
child's individualized education program,
including information related to enabling the
child to be involved in and progress in the
general curriculum or, for preschool children, to
participate in appropriate activities; (B) not use
any single procedure as the sole criterion for
determining whether a child is a child with a
disability or determining an appropriate
educational program for the child; and (C) use
technically sound instruments that may assess the
relative contribution of cognitive and behavioral
factors, in addition to physical or developmental
factors. (2) Each local and regional board of
education shall ensure that: (A) Tests and other
evaluation materials used to assess the child are
(i) selected and administered so as not to be
discriminatory on a racial or cultural basis, and
(ii) provided and administered in the child's
native language or other mode of communication,
unless it is clearly not feasible to do so; (B)
any standardized tests that are given to the child
(i) were validated for the specific purpose for
which they are used, (ii) are administered by
trained and knowledgeable personnel, and (iii) are
administered in accordance with any instructions
provided by the producer of such tests; (C) the
child is assessed in all areas of suspected
disability; and (D) assessment tools and
strategies that provide relevant information that
directly assists persons in determining the
educational needs of the child are provided. (3)
In accordance with section 10-76d of the general
statutes, as amended, and applicable federal law
and regulations, upon completion of administration
of tests and other evaluation materials, the
determination of whether the child is a child
requiring special education and related services
shall be made by a team consisting of qualified
professionals and the parent or guardian of the
child and a copy of the evaluation report and the
documentation for such determination shall be
given to the parent or guardian of the child. (4)
The local or regional board of education shall not
determine that a child requires special education
and related services based solely on (A) a lack of
instruction in reading or math or limited English
proficiency, or (B) evidence that the child's
behavior violates the school's disciplinary
policies or evidence that is derived from the
contents of discipline records.
(b) (1) The planning and placement team, as
part of an initial evaluation, if appropriate, and
as part of any reevaluations, shall review
existing evaluation data on the child, including
evaluations and information provided by the parent
or guardian or the child, classroom-based
assessments and observations and teacher and
related services provider observations. On the
basis of such review, and input from the child's
parent or guardian, the planning and placement
team shall identify what additional data, if any,
is needed to determine: (A) Whether the child has
a particular category of disability, or in the
case of a reevaluation, whether the child
continues to have such a disability; (B) the
levels of performance and educational needs of the
child; (C) whether the child needs special
education and related services, or in the case of
a reevaluation, whether the child continues to
need special education and related services or
whether the child is able to be served within the
regular education program with existing
supplemental services, available in the school
district; and (D) whether any additions or
modifications to the special education and related
services are needed to enable the child to meet
the measurable annual goals set out in the
individualized education program of the child and
to participate, as appropriate, in the general
curriculum. (2) The local or regional board of
education shall administer such tests and other
evaluation materials as may be needed to produce
the data identified by the planning and placement
team pursuant to subdivision (1) of this
subsection. (3) If the planning and placement team
decides that no additional data is needed to
determine that the child continues to be a child
requiring special education and related services,
the local or regional board of education shall
notify the parent or guardian of the child of (A)
the decision and the reasons for it, and (B) the
right of the parent or guardian to request an
assessment to determine whether the child
continues to be a child requiring special
education and related services. The local or
regional board of education shall not be required
to conduct such an assessment unless requested to
do so by the parent or guardian of the child. (4)
A local or regional board of education shall
evaluate a child identified as requiring special
education and related services, in accordance with
this section, prior to determining that such child
no longer requires such special education or
related services.
(c) The use of the word disability pursuant
to this section shall not be the basis for
limiting the services or programs, including
regular education, available to such child.
Sec. 6. (NEW) If a teacher determines that a
child in his class who is not eligible for special
education and related services has a
communicative, motor skills or physical problem,
the teacher shall access existing supplemental
resources within the school district to address
the educational needs of such child.
Sec. 7. (NEW) (a) Each local and regional
board of education shall provide to the Department
of Education such information on race, ethnicity
and disability category of children requiring
special education and related services as the
department requires for purposes of reports
pursuant to the Individuals with Disabilities
Education Act, 20 USC 1400 et seq.
(b) The department shall examine such
information to determine if significant
disproportionality based on race is occurring in
the state with respect to (1) the identification
of children requiring special education and
related services, including the identification of
children requiring such education and related
services due to a particular impairment, and (2)
the placement in particular settings of such
children. If the department determines that such
disproportionality is occurring, the department
shall review and, if appropriate, revise special
education identification and placement policies,
procedures and practices to ensure that such
policies, procedures and practices comply with the
requirements of applicable federal law and
regulations.
Sec. 8. Subsection (c) of section 10-220, as
amended by section 21 of public act 97-290, is
repealed and the following is substituted in lieu
thereof:
(c) By November 1, 1994, and annually
thereafter, each local and regional board of
education shall submit to the Commissioner of
Education a strategic school profile report for
each school under its jurisdiction and for the
school district as a whole. The superintendent of
each local and regional school district shall
present the profile report at the next regularly
scheduled public meeting of the board of education
after each such November first. The profile report
shall provide information on measures of (1)
student needs, (2) school resources, (3) student
and school performance, (4) equitable allocation
of resources among its schools, [and] (5)
reduction of racial, ethnic and economic
isolation, AND (6) SPECIAL EDUCATION. FOR PURPOSES
OF THIS SUBSECTION, MEASURES OF SPECIAL EDUCATION
INCLUDE (A) SPECIAL EDUCATION IDENTIFICATION RATES
BY DISABILITY, (B) RATES AT WHICH SPECIAL
EDUCATION STUDENTS ARE EXEMPTED FROM MASTERY
TESTING PURSUANT TO SECTION 10-14q, (C)
EXPENDITURES FOR SPECIAL EDUCATION, INCLUDING SUCH
EXPENDITURES AS A PERCENTAGE OF TOTAL
EXPENDITURES, (D) ACHIEVEMENT DATA FOR SPECIAL
EDUCATION STUDENTS, (E) RATES AT WHICH STUDENTS
IDENTIFIED AS REQUIRING SPECIAL EDUCATION ARE NO
LONGER IDENTIFIED AS REQUIRING SPECIAL EDUCATION,
(F) THE AVAILABILITY OF SUPPLEMENTAL EDUCATIONAL
SERVICES FOR STUDENTS LACKING BASIC EDUCATIONAL
SKILLS, (G) THE AMOUNT OF SPECIAL EDUCATION
STUDENT INSTRUCTIONAL TIME WITH NONDISABLED PEERS,
(H) THE NUMBER OF STUDENTS PLACED OUT-OF-DISTRICT,
AND (I) THE ACTIONS TAKEN BY THE SCHOOL DISTRICT
TO IMPROVE SPECIAL EDUCATION PROGRAMS, AS
INDICATED BY ANALYSES OF THE LOCAL DATA PROVIDED
IN SUBPARAGRAPHS (A) TO (H), INCLUSIVE, OF THIS
SUBDIVISION.
Sec. 9. Section 10a-54 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Higher Education shall
establish, within available appropriations, a
program at appropriate institutions within the
state system of higher education, as determined by
the Board of Governors of Higher Education to
increase accessibility and provide support
services for students with disabilities, including
identifiable learning disabilities, as defined in
subdivision [(12)] (13) of section 10-76a, AS
AMENDED BY SECTION 1 OF THIS ACT, who attend or
plan to attend such institutions. The department
shall encourage and within available funds provide
grants to support the coordination of efforts to
improve accessibility, programs and services for
students with disabilities throughout public
higher education and between public and
independent institutions of higher education in
the state.
Sec. 10. (NEW) For the fiscal year ending
June 30, 1999, and each fiscal year thereafter,
each school district in which two per cent or more
of the average daily membership, as defined in
section 10-261 of the general statutes, of the
school district are children age five to eighteen,
inclusive, in foster care placements or certified
relative foster care placements in such school
district on October first of the fiscal year, as
determined by the Department of Children and
Families shall receive a grant from the Department
of Education in an amount equal to one hundred
thousand dollars. Such grant shall be in addition
to funds received by such school district pursuant
to subsection (b) of section 10-76g of the general
statutes.
Sec. 11. Special act 97-10 is amended to read
as follows:
Notwithstanding any provision of the general
statutes, the Chief Court Administrator may assign
a senior judge OR JUDGE TRIAL REFEREE of the
superior court to participate in a pilot program
to improve special education due process hearings.
Under the pilot program, the senior judge OR JUDGE
TRIAL REFEREE may conduct hearings on behalf of
the Department of Education and provide other
technical assistance to the department to improve
the hearing process. The Department of Education
shall be responsible for all expenses of the pilot
program.
Sec. 12. Section 10-76i of the general
statutes, as amended by section 1 of public act
97-98, is repealed and the following is
substituted in lieu thereof:
(a) There shall be an Advisory Council for
Special Education which shall advise the General
Assembly, State Board of Education and the
Commissioner of Education, and which shall engage
in such other activities as [are hereinafter set
forth] DESCRIBED IN THIS SECTION. Said advisory
council shall [be composed of twenty-eight members
as follows] CONSIST OF THE FOLLOWING MEMBERS: (1)
Two appointed by the Commissioner of Education,
ONE OF WHOM SHALL BE AN OFFICIAL OF THE DEPARTMENT
OF EDUCATION AND ONE OF WHOM SHALL BE A
REPRESENTATIVE OF AN INSTITUTION OF HIGHER
EDUCATION IN THE STATE THAT PREPARES TEACHER AND
RELATED SERVICES PERSONNEL; (2) two appointed by
the Commissioner of Mental Retardation, [and] ONE
OF WHOM SHALL BE AN OFFICIAL OF THE DEPARTMENT AND
ONE OF WHOM SHALL BE A PERSON WITH DISABILITIES OR
A PARENT OF SUCH A PERSON; (3) two appointed by
the Commissioner of Children and Families, ONE OF
WHOM SHALL BE AN OFFICIAL OF THE DEPARTMENT AND
ONE OF WHOM SHALL BE A PERSON WITH DISABILITIES OR
A PARENT OR FOSTER PARENT OF SUCH A PERSON; (4)
ONE APPOINTED BY THE COMMISSIONER OF CORRECTION;
(5) four who are members [of the joint standing
committee] of the General Assembly, [having
cognizance of matters relating to education,] one
appointed by the majority leader of the House of
Representatives, one appointed by the minority
leader of the House of Representatives, one
appointed by the president pro tempore of the
Senate and one appointed by the minority leader of
the Senate; (6) three appointed by the president
pro tempore of the Senate, one of whom shall be a
member of the Connecticut Association of Boards of
Education, one of whom shall be a member of the
Connecticut Speech-Language-Hearing Association
and one of whom shall be a person with [a
disability] DISABILITIES OR THE PARENT OF SUCH A
PERSON; (7) two appointed by the majority leader
of the Senate one of whom shall be a [member of
the Connecticut Association of Private Nonprofit
Child Caring Agencies, Incorporated] PERSON WITH
DISABILITIES OR THE PARENT OF SUCH A PERSON and
one of whom shall be a regular education teacher;
(8) four appointed by the minority leader of the
Senate, one of whom shall be [the parent of a
child requiring special education] A
REPRESENTATIVE OF A VOCATIONAL, COMMUNITY OR
BUSINESS ORGANIZATION CONCERNED WITH THE PROVISION
OF TRANSITIONAL SERVICES TO CHILDREN WITH
DISABILITIES, one of whom shall be a member of the
Connecticut Association of Private Special
Education Facilities [, one of whom shall be a
regular education teacher and one of whom shall
represent the public] AND TWO OF WHOM SHALL BE
PERSONS WITH DISABILITIES OR THE PARENTS OF SUCH
PERSONS; (9) three appointed by the speaker of the
House of Representatives, one of whom shall be a
member of the Connecticut Association of School
Administrators AND A LOCAL EDUCATION OFFICIAL, one
of whom shall be a person with [a disability]
DISABILITIES OR THE PARENT OF SUCH A PERSON and
one of whom shall [represent the public] BE A
MEMBER OF THE LITERACY COALITION AND A PERSON WITH
DISABILITIES OR THE PARENT OF SUCH A PERSON; (10)
two appointed by the majority leader of the House
of Representatives, one of whom shall be a member
of the Connecticut Association of Urban
[Superintendents] SCHOOLS and one of whom shall be
a [special education teacher] PERSON WITH
DISABILITIES OR THE PARENT OF SUCH A PERSON; (11)
four appointed by the minority leader of the House
of Representatives, [one] TWO of whom shall be
[the parent of a child requiring special
education] PERSONS WITH DISABILITIES OR THE
PARENTS OF SUCH PERSONS, one of whom shall be a
member of the Connecticut Association of Pupil
Personnel Administrators [,] AND AN ADMINISTRATOR
OF A PROGRAM FOR CHILDREN WHO REQUIRE SPECIAL
EDUCATION, AND one of whom shall be a [member of
the Connecticut Association of School
Psychologists and one of whom shall represent
towns in which state facilities which provide
special education are located] SPECIAL EDUCATION
TEACHER; AND (12) EIGHT APPOINTED BY THE GOVERNOR,
ALL OF WHOM SHALL BE PERSONS WITH DISABILITIES OR
PARENTS OF SUCH PERSONS AND ONE OF WHOM SHALL ALSO
BE ASSOCIATED WITH A CHARTER SCHOOL. The terms of
the present members shall expire on June 30,
[1992] 1998. Appointments shall be made to the
council by July 1, [1992] 1998. Members shall
serve two-year terms. [, except as provided in
this subsection. The terms of the following
members which are due to expire on June 30, 1996,
shall expire on June 30, 1995: (1) One member each
appointed by the Commissioners of Education,
Mental Retardation and Children and Families; (2)
members representing the Connecticut Association
of Boards of Education, Connecticut Association of
Private Nonprofit Child Caring Agencies,
Incorporated, Connecticut Association of Pupil
Personnel Administrators, Connecticut Association
of School Administrators and Connecticut
Association of School Psychologists; and (3) the
member who is a person with a disability appointed
by the president pro tempore of the Senate, the
member who is a parent of a child requiring
special education appointed by the minority leader
of the Senate, the public member appointed by the
speaker of the House of Representatives and the
special education teacher appointed by the
majority leader of the House of Representatives.
The appointing authority shall notify the members
whose terms are to expire on June 30, 1995, of the
change in the length of their terms and such
appointing authority shall appoint persons to
succeed such members by July 1, 1995. Within
thirty days from the beginning of a vacancy, the
vacancy shall be filled by the appointing
authority for the unexpired portion of the term.]
(b) Said advisory council shall elect
annually its own chairperson and other officers as
deemed necessary. The council shall meet at least
once during each calendar quarter and at such
other times as the chairperson deems necessary or
upon the request of a majority of members in
office. THE STATE BOARD OF EDUCATION SHALL MEET AT
LEAST ANNUALLY WITH THE COUNCIL TO REVIEW THE
STATE PLAN FOR THE PROVISION OF SPECIAL EDUCATION.
A majority of the members in office, but not less
than ten, shall constitute a quorum. Any member
who fails to attend fifty per cent of all meetings
held during any calendar year shall be deemed to
have resigned from office. The [designee of]
MEMBER APPOINTED BY the Commissioner of Education
WHO IS AN OFFICIAL OF THE DEPARTMENT shall meet
with and act as secretary to the advisory council.
Members of the advisory council shall serve
without compensation, but shall be reimbursed for
all reasonable expenses incurred in the
performance of their duties. The state Department
of Education shall provide secretarial and
administrative assistance to facilitate the
activity of the advisory council. The Department
of Higher Education shall appoint a liaison person
to the advisory council.
(c) The advisory council shall: (1) Advise
the state Department of Education of unmet needs
in educating [handicapped] children WITH
DISABILITIES and on the administration of the
provisions of sections 10-94f to 10-94k,
inclusive; (2) review periodically the laws,
regulations, standards and guidelines pertaining
to special education and recommend to the General
Assembly and the State Board of Education any
changes which it finds necessary; (3) comment on
any new or revised regulations, standards and
guidelines proposed for issuance; (4) participate
with the State Board of Education in the
development of any state plan for provision of
special education; (5) comment publicly on any
procedures necessary for distributing federal
funds received pursuant to the Education of the
Handicapped Act, 89 Stat. 774 (1975), 20 USC 1400
et seq., as from time to time amended; (6) assist
the state Department of Education in developing
and reporting such data and evaluations as may be
conducted pursuant to the provisions of said act;
and (7) report to the General Assembly not later
than January fifteenth in the odd-numbered years
and not later than February fifteenth in the
even-numbered years, concerning recommendations
for effecting changes in the special education
laws.
Sec. 13. (NEW) (a) There is established a
Connecticut minority teacher incentive program
administered by the Department of Higher
Education.
(b) Within available appropriations, the
program shall provide grants for up to fifty
minority students entering teacher education
programs in their junior or senior year at any
four-year public institution of higher education
or enrolled in the alternate route to
certification program administered through the
Department of Higher Education. Maximum grants
shall not exceed five thousand dollars per year
for two years. The department shall ensure that at
least ten per cent of the grant recipients are
minority students who transfer from a Connecticut
regional community-technical college.
(c) A minority student who received grants
under subsection (b) of this section, and who
teaches in a Connecticut public school upon
graduation, shall be eligible for reimbursement of
federal or state educational loans up to a maximum
of two thousand five hundred dollars per year for
up to four years of teaching service.
(d) Notwithstanding the provisions of
subsections (b) and (c) of this section, the
combined dollar value of grants and loan
reimbursements shall not exceed twenty thousand
dollars per student.
(e) For the fiscal years ending June 30,
1999, and June 30, 2000, the Department of Higher
Education may use up to five per cent of the funds
appropriated for purposes of this section for
program administration, promotion, recruitment and
retention activities that are designed to increase
the number of minority students pursuing teaching
careers at Connecticut public institutions of
higher education.
Sec. 14. Subdivision (9) of section 10-262f
of the general statutes, as amended by section 1
of public act 97-318 and section 13 of public act
97-2 of the June 18 special session, is repealed
and the following is substituted in lieu thereof:
(9) "Foundation" means (A) for the fiscal
year ending June 30, 1990, three thousand nine
hundred eighteen dollars, (B) for the fiscal year
ending June 30, 1991, four thousand one hundred
ninety-two dollars, (C) for the fiscal year ending
June 30, 1992, four thousand four hundred
eighty-six dollars, (D) for the fiscal years
ending June 30, 1993, June 30, 1994, and June 30,
1995, four thousand eight hundred dollars, and (E)
for the fiscal years ending June 30, 1996, June
30, 1997, June 30, 1998, and June 30, 1999, five
thousand seven hundred [eleven] SEVENTY-FIVE
dollars.
Sec. 15. Subdivision (6) of subsection (a) of
section 10-262h of the general statutes, as
amended by section 2 of public act 97-318, is
repealed and the following is substituted in lieu
thereof:
(6) For the fiscal years ending June 30,
1996, June 30, 1997, June 30, 1998, and June 30,
1999, a grant in an amount equal to the sum of (A)
the product of a town's base aid ratio, the
foundation level and the town's total need
students for the fiscal year prior to the year in
which the grant is to be paid, (B) the product of
a town's supplemental aid ratio, the foundation
level and the sum of the portion of its total need
students count described in subparagraphs (B) and
(C) of subdivision (25) of section 10-262f for the
fiscal year prior to the fiscal year in which the
grant is to be paid, and the adjustments to its
resident student count described in subdivision
(22) of section 10-262f, relative to length of
school year and summer school sessions, and (C)
the town's regional bonus, except that the amount
so determined shall be adjusted in accordance with
the following: For the fiscal years ending June
30, 1996, June 30, 1997, June 30, 1998, and June
30, 1999, for each town, the maximum percentage
increase over its previous year's base revenue
shall be the product of [two] FIVE per cent and
the ratio of the wealth of the town ranked one
hundred fifty-third when all towns are ranked in
descending order to each town's wealth, provided
no town shall receive an increase greater than
[two] FIVE per cent. For the fiscal year ending
June 30, 1996, for each town, the maximum
percentage reduction from its previous year's base
revenue shall be equal to the product of three per
cent and the ratio of each town's wealth to the
wealth of the town ranked seventeenth when all
towns are ranked in descending order, provided no
town's grant shall be reduced by more than three
per cent. For the fiscal years ending June 30,
1997, June 30, 1998, and June 30, 1999, for each
town, the maximum percentage reduction from its
previous year's base revenue shall be equal to the
product of [nine] FIVE per cent and the ratio of
each town's wealth to the wealth of the town
ranked seventeenth when all towns are ranked in
descending order, provided no town's grant shall
be reduced by more than [nine] FIVE per cent. In
addition to the amount determined pursuant to this
subdivision, a town shall be eligible for a
density supplement if the density of the town is
greater than the average density of all towns in
the state. The density supplement shall be
determined by multiplying the density aid ratio of
the town by the foundation level and the town's
total needs students for the prior fiscal year.
For the fiscal year ending June 30, 1997, the
grant determined in accordance with this
subdivision for a town ranked one to forty-two
when all towns are ranked in descending order
according to town wealth shall be further reduced
by one and two-hundredths of a per cent and such
grant for all other towns shall be further reduced
by fifty-six-hundredths of a per cent. For the
fiscal years ending June 30, 1998, and June 30,
1999, no town whose school district is a priority
school district shall receive a grant pursuant to
this subdivision in an amount that is less than
the amount received under such grant for the prior
fiscal year. For the fiscal years ending June 30,
1998, and June 30, 1999, no town whose school
district is a priority school district shall
receive a grant pursuant to this subdivision in an
amount that is less than seventy per cent of the
sum of (i) the product of a town's base aid ratio,
the foundation level and the town's total need
students for the fiscal year prior to the year in
which the grant is to be paid, (ii) the product of
a town's supplemental aid ratio, the foundation
level and the sum of the portion of its total need
students count described in subparagraphs (B) and
(C) of subdivision (25) of section 10-262f for the
fiscal year prior to the fiscal year in which the
grant is to be paid, and the adjustments to its
resident student count described in subdivision
(22) of said section 10-262f relative to length of
school year and summer school sessions, and (iii)
the town's regional bonus.
Sec. 16. Subsection (c) of section 10-262i of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) All aid distributed to a town pursuant to
the provisions of this section shall be expended
for [school] EDUCATIONAL purposes only and shall
be expended upon the authorization of the local or
regional board of education. FOR THE FISCAL YEAR
ENDING JUNE 30, 1999, AND EACH FISCAL YEAR
THEREAFTER, IF A TOWN RECEIVES AN INCREASE IN
FUNDS PURSUANT TO THIS SECTION OVER THE AMOUNT IT
RECEIVED FOR THE PRIOR FISCAL YEAR SUCH INCREASE
SHALL NOT BE USED TO SUPPLANT LOCAL FUNDING FOR
EDUCATIONAL PURPOSES.
Sec. 17. (NEW) (a) The State Board of
Education shall administer a transitional school
district grant program in accordance with this
section. Each school district that is not a
priority school district pursuant to section
10-266p of the general statutes, as amended, and
is in a town which ranks one to twenty-one,
inclusive, when towns are ranked in accordance
with subdivision (2) or (3) of said section
10-266p shall be eligible for a transitional
school district grant of two hundred fifty
thousand dollars. The local board of education for
such school district shall apply for such grant at
such time and in such manner as the Commissioner
of Education prescribes.
(b) A transitional school district grant
shall be payable to the local board of education
for the school district. The local board shall use
the funds for any of the following: (1) The
creation or expansion of programs or activities
related to dropout prevention, (2) alternative and
transitional programs for students having
difficulty succeeding in traditional educational
programs, (3) academic enrichment, tutorial and
recreation programs or activities in school
buildings during nonschool hours and during the
summer, (4) development or expansion of
extended-day kindergarten programs, (5)
development or expansion of early reading
intervention programs, including summer and
after-school programs, (6) enhancement of the use
of technology to support instruction or improve
parent and teacher communication, (7) initiatives
to strengthen parent involvement in the education
of children, and parent and other community
involvement in school and school district
programs, activities and educational policies,
which may be in accordance with the provisions of
section 10-4g, as amended, or (8) for purposes of
obtaining accreditation for elementary and middle
schools from the New England Association of
Schools and Colleges. Each such board of education
shall use at least twenty per cent of its grant
for early reading intervention programs. Each such
board of education shall use its grant to
supplement existing programs or create new
programs. If the State Board of Education finds
that any such grant is being used for other
purposes or is being used to decrease the local
share of support for schools, it may require
repayment of such grant to the state.
(c) Each transitional school district grant
shall be awarded on an annual basis. Funding in
subsequent years shall be based on funds
available, annual application and program
evaluation.
Sec. 18. Section 10-17f of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) On or before November 1, 1978, and
annually thereafter, the board of education for
each local and regional school district shall
ascertain, in accordance with regulations
established by the State Board of Education, the
eligible children in such school district and
shall classify such children according to their
dominant language.
(b) Whenever it is ascertained that there are
in any public school within a local or regional
school district twenty or more eligible children
classified as dominant in any one language other
than English, the board of education of such
district shall provide a program of bilingual
education for such eligible children for the
school year next following.
(c) IF THE PARENT OR LEGAL GUARDIAN OF AN
ELIGIBLE CHILD NOTIFIES THE LOCAL OR REGIONAL
BOARD OF EDUCATION, IN WRITING, THAT SUCH PARENT
OR GUARDIAN WISHES THE CHILD TO BE EXEMPT FROM THE
PROGRAM OF BILINGUAL EDUCATION, THE LOCAL OR
REGIONAL BOARD OF EDUCATION SHALL SO EXEMPT THE
CHILD.
[(c)] (d) The board of education for each
local and regional school district which is
required to provide a program of bilingual
education shall initially endeavor to implement
the provisions of subsection (b) of this section
through in-service training for existing certified
professional employees, and thereafter, shall give
preference in hiring to such certified
professional employees as are required to maintain
said program.
[(d)] (e) The State Board of Education shall
adopt and enforce regulations concerning
requirements for such programs, which may be
modeled after policy established by the Department
of Education for bilingual education programs.
[(e)] (f) Each board of education for a local
and regional school district which is required to
provide for the first time a program of bilingual
education shall prepare and submit to the
commissioner of education for review a plan to
implement such program, in accordance with
regulations adopted by the State Board of
Education.
Sec. 19. Section 10-66gg of the general
statutes is repealed and the following is
substituted in lieu thereof:
Within available appropriations, the
Commissioner of Education shall annually, review
and report, in accordance with the provisions of
section 11-4a, on the operation of such charter
schools as may be established pursuant to sections
10-66aa to 10-66ff, inclusive, AS AMENDED, to the
joint standing committee of the General Assembly
having cognizance of matters relating to
education. SUCH REPORT SHALL INCLUDE: (1)
RECOMMENDATIONS FOR ANY STATUTORY CHANGES THAT
WOULD FACILITATE EXPANSION IN THE NUMBER OF
CHARTER SCHOOLS; (2) A COMPILATION OF SCHOOL
PROFILES PURSUANT TO SECTION 10-66cc, AS AMENDED;
(3) AN ASSESSMENT OF THE ADEQUACY OF FUNDING
PURSUANT TO SECTION 10-66ee, AS AMENDED, AND (4)
THE ADEQUACY AND AVAILABILITY OF SUITABLE
FACILITIES FOR SUCH SCHOOLS.
Sec. 20. Subsection (a) of section 10-74d of
the general statutes, as amended by section 12 of
public act 97-290, is repealed and the following
is substituted in lieu thereof:
(a) The state Department of Education shall,
within available appropriations and after payments
made pursuant to [sections 10-264i, 10-264l and]
SECTION 10-266j, AS AMENDED BY THIS ACT, maintain
a competitive grant program for the purpose of
assisting local and regional boards of education
and regional educational service centers with the
establishment and operation of interdistrict
cooperative programs, including programs pursuant
to section 13 of [this act] PUBLIC ACT 97-290 and
lighthouse schools, as defined in section 18 of
[this act] PUBLIC ACT 97-290, but excluding
interdistrict magnet school programs for which a
local or regional board of education or a regional
educational service center receives funds pursuant
to section 10-264h or 10-264l, AS AMENDED BY THIS
ACT.
Sec. 21. Section 10-264i of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A local or regional board of education or
regional educational service center which
transports a child to an interdistrict magnet
school program as defined in section 10-264l, AS
AMENDED BY THIS ACT, in a town other than the town
in which the child resides shall be eligible
pursuant to section 10-264e to receive a grant [up
to one hundred per cent of the reasonable] FOR THE
cost of transporting such child IN ACCORDANCE WITH
THIS SECTION. THE AMOUNT OF SUCH GRANT SHALL NOT
EXCEED AN AMOUNT EQUAL TO THE NUMBER OF SUCH
CHILDREN TRANSPORTED MULTIPLIED BY ONE THOUSAND
TWO HUNDRED DOLLARS. The Department of Education
shall [, within the total amount appropriated for
interdistrict cooperative grants pursuant to
section 10-74d, use an amount, not to exceed five
per cent of such appropriation for interdistrict
magnet school program transportation] PROVIDE SUCH
GRANTS WITHIN AVAILABLE APPROPRIATIONS. Nothing in
this subsection shall be construed to prevent a
local or regional board of education from
receiving reimbursement under section 10-266m, AS
AMENDED, for reasonable transportation expenses
for which such board or service center is not
reimbursed pursuant to this section.
(b) Grants under this section shall be
contingent on documented costs of providing such
transportation. Eligible local and regional boards
of education shall submit applications for grants
under this section to the Commissioner of
Education in such form and at such times as he
prescribes. Grants pursuant to this section shall
be paid as follows: In October one-half of the
estimated eligible transportation costs and the
balance of such costs in May.
(c) Each local and regional board of
education participating in the grant program shall
prepare a financial statement of expenditures
which shall be submitted to the Department of
Education on or before September first of the
fiscal year immediately following each fiscal year
in which the school district participates in the
grant program. Based on such statement, any
underpayment or overpayment may be calculated and
adjusted by the state Department of Education in
the grant for any subsequent year.
(d) THE DEPARTMENT OF EDUCATION MAY RETAIN UP
TO ONE PER CENT OF THE AMOUNT APPROPRIATED
PURSUANT TO THIS SECTION FOR PROGRAM EVALUATION
AND ADMINISTRATION.
Sec. 22. Section 10-264l of the general
statutes, as amended by section 16 of public act
97-290, is repealed and the following is
substituted in lieu thereof:
(a) The Department of Education shall, within
[the amount appropriated for interdistrict
cooperative grants pursuant to section 10-74d, use
up to fifty per cent of such appropriation to]
AVAILABLE APPROPRIATIONS, establish a competitive
grant program to assist local and regional boards
of education and regional educational service
centers with the operation of interdistrict magnet
school programs. For the purposes of this section
"an interdistrict magnet school program" means a
program which (1) supports racial, ethnic and
economic diversity, (2) offers a special and high
quality curriculum, and (3) requires students who
are enrolled to attend at least half-time. An
interdistrict magnet school program does not
include a regional vocational agriculture school,
a regional vocational-technical school or a
regional special education center. On and after
July 1, 2000, the governing authority for each
interdistrict magnet school program shall restrict
the number of students that may enroll in the
program from a participating district to eighty
per cent of the total enrolment of the program.
(b) Applications for interdistrict magnet
school program operating grants awarded pursuant
to this section shall be submitted annually to the
Commissioner of Education at such time and in such
manner as the commissioner prescribes. In
determining whether an application shall be
approved and funds awarded pursuant to this
section, the commissioner shall consider, but such
consideration shall not be limited to: (1) Whether
the program offered by the school is likely to
increase student achievement; (2) whether the
program is likely to reduce racial, ethnic and
economic isolation; (3) the percentage of the
student enrolment in the program from each
participating district; and (4) whether
participating school districts are located within
regions described in section 10-264k which
approved regional plans in accordance with section
10-264c. On and after July 1, 2000, the
commissioner shall not award a grant to a program
if more than eighty per cent of its total
enrolment is from one school district, except that
the commissioner may award a grant for good cause,
for any one year, on behalf of an otherwise
eligible magnet school program, if more than
eighty per cent of the total enrolment is from one
district.
(c) The maximum amount each interdistrict
magnet school program shall be eligible to receive
per enrolled student shall be determined as
follows: (1) For each participating district whose
magnet school program enrolment is equal to or
less than thirty per cent of the magnet school
program total enrolment, ninety per cent of the
foundation as defined in subdivision (7) of
section 10-262f; (2) for each participating
district whose magnet school program enrolment is
greater than thirty per cent but less than or
equal to sixty per cent of the magnet school
program total enrolment, a percentage between
sixty and ninety per cent of said foundation that
is inversely proportional to the percentage of
magnet school program students from such district;
and (3) for each participating district whose
magnet school program enrolment is greater than
sixty per cent but less than or equal to ninety
per cent of the magnet school program total
enrolment, a percentage between zero and sixty per
cent of said foundation that is inversely
proportional to the percentage of magnet school
program students from such district. The amounts
so determined shall be proportionately adjusted,
if necessary, within the limit of the available
appropriation, and in no case shall any grant
pursuant to this section exceed the reasonable
operating budget of the magnet school program,
less revenues from other sources. Any magnet
school program operating less than full-time but
at least half-time shall be eligible to receive a
grant equal to fifty per cent of the grant amount
determined pursuant to this subsection.
(d) Grants made pursuant to this section
shall be paid as follows: Fifty per cent by
September first and the balance by January first
of each fiscal year. The January first payment
shall be adjusted to reflect actual interdistrict
magnet school program enrolment as of the
preceding October first, if the actual level of
enrolment is lower than the projected enrolment
stated in the approved grant application.
(e) THE DEPARTMENT OF EDUCATION MAY RETAIN UP
TO ONE PER CENT OF THE AMOUNT APPROPRIATED FOR
PURPOSES OF THIS SECTION FOR PROGRAM EVALUATION
AND ADMINISTRATION.
Sec. 23. Subsections (b) to (g), inclusive,
of section 3 of public act 97-290 are repealed and
the following is substituted in lieu thereof:
(b) There is established, within available
appropriations, a state-wide interdistrict public
school attendance program. The purpose of the
program shall be to: (1) Improve academic
achievement; (2) reduce racial, ethnic and
economic isolation or preserve racial and ethnic
balance; and (3) provide a choice of educational
programs for students ENROLLED IN THE PUBLIC
SCHOOLS. THE DEPARTMENT OF EDUCATION SHALL PROVIDE
OVERSIGHT FOR THE PROGRAM.
(c) The program shall be phased in as
provided in this subsection. (1) For the fiscal
year ending June 30, 1998, the Department of
Education shall provide grants in the amount of
fifty thousand dollars each to the regional
educational service centers for the Hartford, New
Haven and Bridgeport regions to assist school
districts in planning for the operation of the
program. (2) For the school year commencing in
1998, and for each school year thereafter, the
program shall be in operation in the Hartford, New
Haven and Bridgeport regions. THE HARTFORD PROGRAM
SHALL OPERATE AS A CONTINUATION OF THE PROGRAM
DESCRIBED IN SECTION 10-266j, AS AMENDED. Students
who reside in Hartford, New Haven or Bridgeport
may attend school in another school district in
the region and students who reside in such other
school districts may attend school in Hartford,
New Haven or Bridgeport. The Department of
Education shall provide, within available
appropriations, a grant for the fiscal year ending
June 30, 1999, to the remaining regional
educational service centers to assist school
districts in planning for the expansion of the
program to every school district in the state. (3)
For the school year commencing in 1999, and for
each school year thereafter, the program shall be
in operation in every school district in the state
and students may attend school in any school
district in accordance with the provisions of this
section, including the purposes specified in
subsection (b) of this section.
(d) Once the program is in operation in the
region served by a regional educational service
center pursuant to subsection (c) of this section,
the Department of Education shall provide,
annually, a grant in the amount of one hundred
thousand dollars to such a regional educational
service center to assist school districts in its
area in administering the program. Each regional
educational service center shall convene a meeting
of representatives of the school districts in its
area in order for school districts to report the
number of spaces available for out-of-district
students under the program. If there are more
students who seek to attend school in a receiving
district than there are spaces available, the
regional educational service center shall assist
the school district in determining attendance by
the use of a lottery or lotteries designed to
preserve or increase racial, ethnic and economic
diversity, except that the regional educational
service center shall give preference to siblings
and to students who would otherwise attend a
school that has lost its accreditation by the New
England Association of Schools and Colleges. The
admission policies shall be consistent with
section 10-15c of the general statutes. No
receiving district shall recruit students under
the program for athletic or extracurricular
purposes. Each receiving district shall allow an
out-of-district student it accepts to complete the
highest grade in the school he is attending under
the program established pursuant to this section,
UNLESS THE LOCAL OR REGIONAL BOARD OF EDUCATION
FOR SUCH DISTRICT IS CHANGING THE SCHOOL
ATTENDANCE AREAS ON A DISTRICT-WIDE BASIS.
(e) The Department of Education shall
provide, within available appropriations, grants
to regional educational service centers or local
or regional boards of education for the reasonable
cost of transportation for students participating
in the program, provided such grants do not exceed
an amount equal to one thousand TWO HUNDRED
dollars for each student transported. The regional
education service centers shall [ensure that
transportation is available for students who wish
to participate in after-school] PROVIDE REASONABLE
TRANSPORTATION SERVICES TO HIGH SCHOOL STUDENTS
WHO WISH TO PARTICIPATE IN SUPERVISED
EXTRACURRICULAR activities.
(f) The Department of Education shall
provide, within available appropriations, an
annual grant to each receiving district in an
amount not to exceed two thousand dollars for each
out-of-district student who attends school in the
receiving district under the program. [provided,
for the fiscal year ending June 30, 1999, the
combined total of students in the program and the
program established pursuant to section 10-266j of
the general statutes, as amended by section 5 of
this act, shall not exceed one thousand students.]
(g) Notwithstanding any provision of this
chapter, each sending district and each receiving
district shall divide the number of children
participating in the program who reside in such
district or attend school in such district by two
for purposes of the counts for subdivision (22) of
section 10-262f, AS AMENDED, and subdivision (2)
of subsection (a) of section 10-261, AS AMENDED.
[, but shall not count such children for the
purposes of any other count under said sections
10-262f and 10-261.]
Sec. 24. Subsection (c) of section 10-66ee of
the general statutes, as amended by section 9 of
public act 97-290, is repealed and the following
is substituted in lieu thereof:
(c) (1) The state shall, annually, pay in
accordance with this subsection, to the fiscal
authority for a state charter school, SIX THOUSAND
FIVE HUNDRED DOLLARS for each student enrolled in
such school. [, an amount equal to one hundred
five per cent of the foundation level pursuant to
subdivision (9) of section 10-262f, per student
for the fiscal year in which the payment is made.]
Such payments shall be made as follows:
Twenty-five per cent of the amount [determined
pursuant to this subsection] in July and September
based on estimated student enrolment on May first,
and twenty-five per cent of [such] THE amount in
January and the remaining amount in April each
based on student enrolment on October first. (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 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] SIX THOUSAND FIVE HUNDRED DOLLARS 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.
Sec. 25. Section 10-266j of the general
statutes, as amended by section 9 of public act
97-318, section 54 of public act 97-11 of the June
18 special session, section 17 of public act
97-247 and section 5 of public act 97-290, is
repealed and the following is substituted in lieu
thereof:
(a) For the purposes of this section:
"Intercommunity programs for disadvantaged
children" means educational programs or services
designed to improve or accelerate the education of
children whose educational achievement has been or
is being restricted by economic, social or
environmental disadvantages. "Receiving district"
means the school district which accepts pupils
from another school district in accordance with an
agreement between it and one or more boards of
education to provide an educational program for
participating children which has been approved by
the State Board of Education. "Sending district"
means the school district responsible by law for
the education of the children participating in
such a program.
(b) Any local or regional board of education
may make a binding written agreement with any
other such board or group of such boards to
implement intercommunity programs for children
under this section. Such written agreement shall
include mutually acceptable terms concerning, but
not limited to, the tuition per child which shall
be paid by the sending district to the receiving
district.
[(c) (1) Each sending district shall receive,
from the amount appropriated for interdistrict
cooperative program grants pursuant to section
10-74d, for each child participating in an
intercommunity program under this section which
has been approved by the State Board of Education,
an amount equal to seven hundred dollars for each
such pupil. (2) Each school district which
transports such children under an agreement made
pursuant to this section shall be eligible to
receive for each such pupil transported from one
school district to another school district, from
the amount so appropriated for interdistrict
cooperative program grants pursuant to section
10-74d, an amount equal to the reasonable cost of
transporting each such child. (3) Notwithstanding
any provision of this chapter to the contrary,
each sending district shall divide the number of
children participating in the program by two for
purposes of the counts for subdivision (22) of
section 10-262f and subdivision (2) of subsection
(a) of section 10-261. Each receiving district
shall divide the number of children participating
in the program by two for purposes of the counts
pursuant to said subdivisions. (4) The total
amount of the grants pursuant to subdivisions (1)
and (2) of this subsection shall not exceed nine
hundred thousand dollars.
(d) For each fiscal year commencing prior to
July 1, 1998, the local or regional board of
education for each receiving district shall
receive, from the amount appropriated for purposes
of this subsection, a grant in an amount equal to
four hundred sixty-eight dollars for each
participating child who attended school in the
district in the fiscal year prior to the year in
which the grant is to be paid. For the fiscal year
ending June 30, 1999, and each fiscal year
thereafter, each receiving district shall receive,
within available appropriations, a grant from the
Department of Education in an amount not to exceed
two thousand dollars for each out-of-district
student who attends school in the receiving
district pursuant to this section, provided for
the fiscal year ending June 30, 1999, the combined
total of students in the program established
pursuant to this section and the program
established pursuant to section 10-266aa shall not
exceed one thousand students. Each town which
receives funds pursuant to this subsection shall
make such funds available to its local or regional
board of education in supplement to any other
local appropriation, other state or federal grant
or other revenue to which the local or regional
board of education is entitled.]
(c) ON AND AFTER JULY 1, 1998, THE PROGRAM
ESTABLISHED PURSUANT TO THIS SECTION FOR CHILDREN
RESIDING IN THE HARTFORD SCHOOL DISTRICT SHALL
OPERATE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 3 OF PUBLIC ACT 97-290, AS AMENDED BY THIS
ACT.
Sec. 26. This act shall take effect from its
passage, except that sections 1 to 10, inclusive,
and 13 to 25, inclusive, shall take effect July 1,
1998.
Approved June 4, 1998