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statutes  is  repealed   and   the   following  is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