Connecticut Seal

General Assembly

 

Raised Bill No. 5562

February Session, 2014

 

LCO No. 2600

 

*02600_______ED_*

Referred to Committee on EDUCATION

 

Introduced by:

 

(ED)

 

AN ACT CONCERNING SPECIAL EDUCATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) Not later than January 1, 2015, the Department of Education shall add "SLD - Dyslexia" under "Specific Learning Disabilities" in the "Primary Disability" section of the individualized education program form used by planning and placement teams for the provision of special education and related services to children requiring special education and related services.

Sec. 2. Subparagraph (D) of subdivision (8) of subsection (a) of section 10-76d of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(D) Immediately upon the formal identification of any child as a child requiring special education and at each planning and placement team meeting for such child, the responsible local or regional board of education shall inform the parent or guardian of such child or surrogate parent or, in the case of a pupil who is an emancipated minor or eighteen years of age or older, the pupil of (i) the laws relating to special education, (ii) the rights of such parent, guardian, surrogate parent or pupil under such laws and the regulations adopted by the State Board of Education relating to special education, including the right of a parent, guardian or surrogate parent to withhold enrolling such child in kindergarten, in accordance with the provisions of section 10-184, and (iii) any relevant information and resources relating to individualized education programs created by the Department of Education. If such parent, guardian, surrogate parent or pupil does not attend a planning and placement team meeting, the responsible local or regional board of education shall mail such information to such person.

Sec. 3. Subsection (b) of section 10-76g of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(b) Any local or regional board of education which provides special education pursuant to the provisions of sections 10-76a to 10-76g, inclusive, for any exceptional child described in subparagraph (A) of subdivision (5) of section 10-76a, under its jurisdiction, excluding (1) children placed by a state agency for whom a board of education receives payment pursuant to the provisions of subdivision (2) of subsection (e) of section 10-76d, and (2) children who require special education, who reside on state-owned or leased property, and who are not the educational responsibility of the unified school districts established pursuant to sections 17a-37, 17a-240 and 18-99a, shall be financially responsible for the reasonable costs of special education instruction, as defined in the regulations of the State Board of Education, in an amount equal to (A) for any fiscal year commencing prior to July 1, 2005, five times the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f, [and] (B) for the fiscal [year] years commencing July 1, 2005, [and each fiscal year thereafter] to July 1, 2013, inclusive, four and one-half times such average per pupil educational costs of such board of education, and (C) for the fiscal year commencing July 1, 2009, and each fiscal year thereafter, within available appropriations, (i) ten per cent of the per pupil costs that are equal to or in excess of four and one-half times such average per pupil educational costs of such board of education, (ii) forty per cent of the per pupil costs that are equal to or in excess of three times such average per pupil educational costs of such board of education, but are less than four and one-half times such average per pupil educational costs of such board of education, and (iii) seventy per cent of the per pupil costs that are equal to or in excess of one and one-half times such average per pupil educational costs of such board of education, but are less than three times such average per pupil educational costs of such board of education. The State Board of Education shall pay on a current basis any costs in excess of the local or regional board's basic contribution, paid by such board in accordance with the provisions of subparagraph (C) of subdivision (2) of this subsection, as follows: (I) Ninety per cent of the per pupil costs that are equal to or in excess of four and one-half times such average per pupil educational costs of such board of education, (II) sixty per cent of the per pupil costs that are equal to or in excess of three times such average per pupil educational costs of such board of education, but are less than four and one-half times such average per pupil educational costs of such board of education, and (III) thirty per cent of the per pupil costs that are equal to or in excess of one and one-half times such average per pupil educational costs of such board of education, but are less than three times such average per pupil educational costs of such board of education. Any amounts paid by the State Board of Education on a current basis pursuant to this subsection shall not be reimbursable in the subsequent year. Application for such grant shall be made by filing with the Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. The amount due each town pursuant to the provisions of this subsection shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant, or a portion of the grant, which relates to special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt by the treasurer of necessary documentation from the board of education indicating the amount of such special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

from passage

10-76d(a)(8)(D)

Sec. 3

July 1, 2014

10-76g(b)

Statement of Purpose:

To include dyslexia on the individualized education program form, to require boards of education to inform parents and guardians of their right to withhold enrolling their child in kindergarten and to create a three tier funding scheme for excess cost payments.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]