Connecticut Seal

General Assembly

 

Raised Bill No. 1056

January Session, 2015

 

LCO No. 4347

 

*04347_______ED_*

Referred to Committee on EDUCATION

 

Introduced by:

 

(ED)

 

AN ACT CONCERNING THE EXCESS COST THRESHOLD AND THE COLLECTION OF DATA RELATING TO PER PUPIL COSTS FOR SPECIAL EDUCATION.

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

Section 1. Subsection (b) of section 10-76g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(b) Any local or regional board of education which provides special education pursuant to the provisions of this section and sections 10-76a to [10-76g] 10-76f, 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 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] ending prior to [July 1, 2005] June 30, 2006, five times the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f, [and] (B) for the fiscal [year commencing July 1, 2005, and each fiscal year thereafter] years ending June 30, 2006, to June 30, 2017, inclusive, four and one-half times such average per pupil educational costs of such board of education, (C) for the fiscal year ending June 30, 2018, the quotient obtained by dividing net current expenditures of such local or regional board of education for the prior fiscal year by the number of resident students of such local or regional board of education multiplied by three and one-half, (D) for the fiscal year ending June 30, 2019, the quotient obtained by dividing net current expenditures of such local or regional board of education for the prior fiscal year by the number of resident students of such local or regional board of education multiplied by three, (E) for the fiscal year ending June 30, 2020, the quotient obtained by dividing net current expenditures of such local or regional board of education for the prior fiscal year by the number of resident students of such local or regional board of education multiplied by two and one-half, and (F) for the fiscal year ending June 30, 2021, and each fiscal year thereafter, the quotient obtained by dividing net current expenditures of such local or regional board of education for the prior fiscal year by the number of resident students of such local or regional board of education multiplied by two. For purposes of this subsection, "net current expenditures" has the same meaning as provided in section 10-261, and "resident students" has the same meaning as provided in section 10-262f. The State Board of Education shall pay on a current basis any costs in excess of the local or regional board's basic contribution paid by such board in accordance with the provisions of this subsection. Any amounts paid by the State Board of Education on a current basis pursuant to this subsection shall not be reimbursable in the subsequent year. Application for such grant shall be made by filing with the Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in May. The amount due each town pursuant to the provisions of this subsection shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant, or a portion of the grant, which relates to special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt by the treasurer of necessary documentation from the board of education indicating the amount of such special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures.

Sec. 2. Subsection (c) of section 10-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):

(c) Annually, 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 November first. The profile report shall provide information on measures of (1) student needs, (2) school resources, including technological resources and utilization of such resources and infrastructure, (3) student and school performance, including truancy, (4) the number of students enrolled in an adult high school credit diploma program, pursuant to section 10-69, operated by a local or regional board of education or a regional educational service center, (5) equitable allocation of resources among its schools, (6) reduction of racial, ethnic and economic isolation, and (7) 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 and the individual expenditure for each child requiring special education and related services, as defined in section 10-76a, (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. The superintendent shall include in the narrative portion of the report information about parental involvement and if the district has taken measures to improve parental involvement, including, but not limited to, employment of methods to engage parents in the planning and improvement of school programs and methods to increase support to parents working at home with their children on learning activities. For purposes of this subsection, measures of truancy include the type of data that is required to be collected by the Department of Education regarding attendance and unexcused absences in order for the department to comply with federal reporting requirements and the actions taken by the local or regional board of education to reduce truancy in the school district. Such truancy data shall be considered a public record for purposes of chapter 14.

Sec. 3. (NEW) (Effective July 1, 2015) On or before October first annually, the Department of Education shall submit a report on data relating to the expenditures for special education by local and regional boards of education for the prior fiscal year, collected pursuant to subparagraph (C) of subdivision (7) of subsection (c) of section 10-220 of the general statutes, as amended by this act, to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

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

Section 1

July 1, 2015

10-76g(b)

Sec. 2

July 1, 2015

10-220(c)

Sec. 3

July 1, 2015

New section

Statement of Purpose:

To phase in a change to the excess cost threshold for special education and to require the Department of Education to annually collect and report data relating to local special education expenditures.

[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.]