Conn. Gen. Stat. § 10-76d

Current with legislation from the 2023 Regular and Special Sessions.

Section 10-76d - Duties and powers of boards of education to provide special education programs and services. Medicaid enrollment, participation and billing requirements. Development of individualized education program. Planning and placement team meetings. Public agency placements; apportionment of costs. Relationship of insurance to special education costs. Prohibition on punishing members of planning and placement teams for certain behavior during meetings

(a)

(1) In accordance with the regulations and procedures established by the Commissioner of Education and approved by the State Board of Education, each local or regional board of education shall provide the professional services requisite to identification of children requiring special education, identify each such child within its jurisdiction, determine the eligibility of such children for special education pursuant to sections 10-76a to 10-76h, inclusive, prescribe appropriate educational programs for eligible children, maintain a record thereof and make such reports as the commissioner may require. No child may be required to obtain a prescription for a substance covered by the Controlled Substances Act, 21 USC 801 et seq., as amended from time to time, as a condition of attending school, receiving an evaluation under section 10-76ff or receiving services pursuant to sections 10-76a to 10-76h, inclusive, or the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time.

(2) Not later than December 1, 2017, each local and regional board of education shall (A) enroll as a provider in the state medical assistance program, (B) participate in the Medicaid School Based Child Health Program administered by the Department of Social Services, and (C) submit billable service information electronically to the Department of Social Services, or its billing agent. For each local or regional board of education with a student population of less than one thousand students, a cost benefit analysis may be conducted by such local or regional board of education in a form prescribed by the Commissioner of Social Services to determine whether the cost to participate in the medical assistance program exceeds the revenue that would be generated for the local or regional board of education. A local or regional board of education exempted from the requirements of this subdivision after such cost benefit analysis shall complete and submit such analysis to the commissioner every three years in order to remain exempt. Not later than September 1, 2018, the Commissioner of Social Services shall develop a cost benefit analysis model and determine the feasibility of directly certifying students as eligible for Medicaid benefits on behalf of a local or regional board of education.

(3) Any local or regional board of education may enter into an agreement with a third-party vendor or another local or regional board of education to comply with the requirements of subdivision (2) of this subsection. Such agreement may provide that costs for services provided on behalf of a local or regional board of education shall be paid from the grant received pursuant to subdivision (5) of this subsection and shall be contingent on receipt of funds from such grant in an amount sufficient to cover the cost of providing such service. Notwithstanding the provisions of section 17b-99, the Commissioner of Social Services shall not assess or extrapolate any overpayments to any third-party provider that contracts with the local or regional board of education to provide Medicaid services, when the error is determined by the department to be caused by (A) a clerical error; (B) information provided by the local or regional board of education; or (C) another third-party vendor in the submission of billable service information.

(4) Each local or regional board of education, through the planning and placement team established in accordance with regulations adopted by the State Board of Education under this section, shall determine a child's Medicaid enrollment status. In determining Medicaid enrollment status, the planning and placement team shall:

(A) Inquire of the parents or guardians of each such child whether the child is enrolled in or may be eligible for Medicaid; and

(B) if the child may be eligible for Medicaid, (i) request that the parent or guardian of the child apply for Medicaid, and (ii) comply with the requirements under 34 CFR 300.154, as amended from time to time, prior to billing for services under the Medicaid School Based Child Health Program administered by the Department of Social Services. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on a representative cost sampling method, the board of education shall make available documentation of the provision and costs of Medicaid eligible special education and related services for any students receiving such services, regardless of an individual student's Medicaid enrollment status, to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. For the purpose of determining Medicaid rates for Medicaid eligible special education and related services based on an actual cost method, the local or regional board of education shall submit documentation of the costs and utilization of Medicaid eligible special education and related services for all students receiving such services to the Commissioner of Social Services or to the commissioner's authorized agent at such time and in such manner as prescribed. The commissioner or such agent may use information received from local or regional boards of education for the purposes of (I) ascertaining students' Medicaid eligibility status, (II) submitting Medicaid claims, (III) complying with state and federal audit requirements, and (IV) determining Medicaid rates for Medicaid eligible special education and related services. No child shall be denied special education and related services in the event the parent or guardian refuses to apply for Medicaid.

(5) Beginning with the fiscal year ending June 30, 2004, the Commissioner of Social Services shall make grant payments to local or regional boards of education in amounts representing fifty per cent of the federal portion of Medicaid claims processed for Medicaid eligible special education and related services provided to Medicaid eligible students in the school district. Beginning with the fiscal year ending June 30, 2009, the commissioner shall exclude any enhanced federal medical assistance percentages in calculating the federal portion of such Medicaid claims processed. Such grant payments shall be made on at least a quarterly basis and may represent estimates of amounts due to local or regional boards of education. Any grant payments made on an estimated basis, including payments made by the Department of Education for the fiscal years prior to the fiscal year ending June 30, 2000, shall be subsequently reconciled to grant amounts due based upon filed and accepted Medicaid claims and Medicaid rates. If, upon review, it is determined that a grant payment or portion of a grant payment was made for ineligible or disallowed Medicaid claims, the local or regional board of education shall reimburse the Department of Social Services for any grant payment amount received based upon ineligible or disallowed Medicaid claims.

(6) Pursuant to federal law, the Commissioner of Social Services, as the state's Medicaid agent, shall determine rates for Medicaid eligible special education and related services pursuant to subdivision (4) of this subsection. The Commissioner of Social Services may request and the Commissioner of Education and towns and regional school districts shall provide information as may be necessary to set such rates.

(7) Based on school district special education and related services expenditures, the state's Medicaid agent shall report and certify to the federal Medicaid authority the state match required by federal law to obtain Medicaid reimbursement of eligible special education and related services costs.

(8) Payments received pursuant to this section shall be paid to the local or regional board of education which has incurred such costs in addition to the funds appropriated by the town to such board for the current fiscal year.

(9)

(A) The planning and placement team shall, in accordance with the provisions of the Individuals With Disabilities Education Act, 20 USC 1400, et seq., as amended from time to time, develop and include a statement of transition service needs in the individualized education program for each child requiring special education, beginning not later than the first individualized education program to be in effect when such child becomes fourteen years of age, or younger if the planning and placement team determines it is appropriate. Such individualized education program shall include (i) appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; and (ii) the transition services, including courses of study, needed to assist such child in reaching those goals. Such individualized education program shall be updated annually thereafter in accordance with the provisions of this subdivision. Nothing in this subdivision shall be construed as requiring the Department of Aging and Disability Services to lower the age of transitional services for a child with disabilities from sixteen to fourteen years of age.

(B) At the first planning and placement team meeting when a child reaches the age of fourteen and has a statement of transition service needs included in such child's individualized education program pursuant to subparagraph (A) of this subdivision, the planning and placement team shall for each public transition program, as defined in section 26 of this act, and each program for adults for which such child may be eligible after graduation, (i) upon the approval of the parent or guardian of such child, or a surrogate parent of such child appointed pursuant to section 10-94g, or such child if such child is an emancipated minor, notify the state agency that provides such program about the potential eligibility of such child, and (ii) provide such parent, guardian, surrogate parent or child a listing of such programs that includes, but is not limited to, (I) a plain language description of such program, (II) eligibility requirements for such program, and (III) deadlines and instructions for applications for such programs.

(C) Not later than the planning and placement team meeting that occurs approximately two years prior to a child's anticipated graduation from high school or the end of the school year in which a child will reach twenty-two years of age, whichever is expected to occur first based on such child's individualized education program, the planning and placement team shall (i) upon the approval of the parent or guardian of such child, or a surrogate parent of such child appointed pursuant to section 10-94g or such child if such child is an emancipated minor or eighteen years of age or older, (I) notify any state agency that provides a program for adults for which such child may be eligible about the potential eligibility of such child, (II) invite a representative from each such agency to attend the planning and placement team meeting for the purpose of establishing contact with and counseling the parent, guardian, surrogate parent or child on the process for the anticipated transfer of services upon such child graduating from high school or upon the end of the school year in which such child reaches twenty-two years of age, whichever is sooner, and (III) permit and facilitate contact and coordination between each such agency and such parent, guardian, surrogate parent or child for the purpose of easing the process for the transfer of services, (ii) provide such parent, guardian, surrogate parent or child a listing of each program for adults for which such child may be eligible that includes, but is not limited to, (I) a plain language description of such program, (II) eligibility requirements for such program, and (III) deadlines and instructions for applications to such programs, and (iii) assist such parent, guardian, surrogate parent or child in completing an application to any such programs.

(10)

(A) Each local and regional board of education responsible for providing special education and related services to a child or pupil shall notify the parent or guardian of a child who requires or who may require special education, a pupil if such pupil is an emancipated minor or eighteen years of age or older who requires or who may require special education or a surrogate parent appointed pursuant to section 10-94g, in writing, at least five school days before such board proposes to, or refuses to, initiate or change the child's or pupil's identification, evaluation or educational placement or the provision of a free appropriate public education to the child or pupil.

(B) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide such parent, guardian, pupil or surrogate parent an opportunity to meet with a member of the planning and placement team designated by such board prior to the referral planning and placement team meeting at which the assessments and evaluations of the child or pupil who requires or may require special education is presented to such parent, guardian, pupil or surrogate parent for the first time. Such meeting shall be for the sole purpose of discussing the planning and placement team process and any concerns such parent, guardian, pupil or surrogate parent has regarding the child or pupil who requires or may require special education.

(C) Such parent, guardian, pupil or surrogate parent shall (i) be given at least five school days' prior notice of any planning and placement team meeting conducted for such child or pupil, (ii) have the right to be present at and participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, (iii) have the right to have (I) advisors of such person's own choosing and at such person's own expense, (II) the school paraprofessional assigned to such child or pupil, if any, (III) such child or pupil's birth-to-three service coordinator, if any, and (IV) a language interpreter, including a registered interpreter for persons who are deaf, hard of hearing or deafblind, who is present in person or available by telephone or through an online technology platform, or through an Internet web site or other electronic application approved by the State Board of Education, provided by the responsible local or regional board of education if there is an apparent need or upon the request of such parent, guardian, pupil or surrogate parent, who shall attend and participate or be available in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, and (iv) have the right to have each recommendation made in such child or pupil's birth-to-three individualized transition plan, as required by section 17a-248e, if any, addressed by the planning and placement team during such meeting at which an educational program for such child or pupil is developed.

(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 (I) withhold from enrolling such child in kindergarten, in accordance with the provisions of section 10-184, (II) have advisors and the school paraprofessional assigned to such child or pupil attend and participate in all portions of such meeting at which an educational program for such child or pupil is developed, reviewed or revised, in accordance with the provisions of subparagraph (C) of this subdivision, (III) obtain the plain language resources available on the Department of Education's Internet web site pursuant to subsection (g) of section 10-76h, explaining the hearing and appeals process, as provided in section 10-76h, available to such child or pupil if there is a disagreement about the individualized education program, identification, evaluation or educational placement of or the provision of a free appropriate public education to such child or pupil, and (IV) receive information regarding free and low-cost legal assistance, and (iii) any relevant information and resources relating to individualized education programs created by the Department of Education, including, but not limited to, information relating to transition resources and services for high school students and the Parent's Guide to Special Education in Connecticut developed by the department. 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.

(E) Each local and regional board of education shall have in effect at the beginning of each school year an educational program for each child or pupil who has been identified as eligible for special education, and shall provide (i) the informational handout described in section 51 of this act to each child with an individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973, and (ii) the Parent's Guide to Special Education in Connecticut developed by the Department of Education and the rights and resources available to such child in the provision of special education and related services.

(F)

(i) At each initial planning and placement team meeting for a child or pupil, the responsible local or regional board of education shall inform the parent, guardian, surrogate parent or pupil of the laws relating to physical restraint and seclusion pursuant to section 10-236b and 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 physical restraint and seclusion and the right of such parent, guardian, surrogate parent or pupil, during such meeting at which an educational program for such child or pupil is developed, to have (I) such child or pupil's birth-to-three service coordinator attend and participate in all portions of such meeting, and (II) each recommendation made in the transition plan, as required by section 17a-248e, by such child or pupil's birth-to-three service coordinator addressed by the planning and placement team.

(ii) At the first planning and placement team meeting after a child who requires special education and related services reaches the age of fourteen, each responsible local or regional board of education shall provide information to the child and the parent, guardian or surrogate parent about the full range of decision-making supports, including alternatives to guardianship and conservatorship, and the online resource developed by the Department of Education pursuant to section 41 of this act. The responsible local or regional board of education shall continue to provide such information to the child and the parent, guardian or surrogate parent at least annually thereafter.

(iii) Each responsible local or regional board of education shall provide the notice created by the Mediation Services Coordinator pursuant to subdivision (7) of subsection (a) of section 45 of this act to each parent, guardian or surrogate parent of any child who requires special education by (I) distributing such notice to such parents, guardians or surrogate parents at the beginning of each school year, and (II) reading such notice out loud at the conclusion of the first planning and placement team meeting at the beginning of each school year.

(G) Upon request by a parent, guardian, pupil or surrogate parent, the responsible local or regional board of education shall provide the results of the assessments and evaluations used in the determination of eligibility for special education for a child or pupil to such parent, guardian, surrogate parent or pupil at least three school days before the referral planning and placement team meeting at which such results of the assessments and evaluations will be discussed for the first time.

(H) Each local or regional board of education shall monitor the development of each child who, pursuant to subsection (a) of section 17a-248e, has been (i) referred for a registration on a mobile application designated by the Commissioner of Early Childhood, in partnership with such child's parent, guardian or surrogate parent, or (ii) provided a form for such child's parent, guardian or surrogate parent to complete and submit to such local or regional board of education that screens for developmental and social-emotional delays using a validated screening tool, such as the Ages and Stages Questionnaire and the Ages and Stages Social-Emotional Questionnaire, or its equivalent. If such monitoring results in suspecting a child of having a developmental delay, the board shall schedule a planning and placement team meeting with such child's parent, guardian or surrogate parent for the purposes of identifying services for which such child may be eligible, including, but not limited to, a preschool program under Part B of the Individuals with Disabilities Act, 20 USC 1471 et seq. If a parent, guardian or surrogate parent of any child referred for a registration on the mobile application or provided a form to complete and submit, pursuant to subsection (a) of section 17a-248e, fails to complete such registration or complete and submit such form after a period of six months from the date of such referral or provision of such form, the board shall send a reminder, in the form and manner determined by the board, to such parent, guardian or surrogate parent to complete such registration or complete and submit such form. The board shall send another reminder after a period of one year from such referral or provision of such form if such registration remains incomplete or such form is not submitted.

(I) Prior to any planning and placement team meeting for a child or pupil in which an educational program for such child or pupil is developed, reviewed or revised, if the parent, guardian, pupil or surrogate parent has requested that the school paraprofessional assigned to such child or pupil attend such meeting, then the responsible local or regional board of education shall provide (i) adequate notice of such meeting to such school paraprofessional so that such school paraprofessional may adequately prepare for such meeting, and (ii) training, upon request of such school paraprofessional, on the role of such school paraprofessional at such meeting. Following such meeting, such school paraprofessional, or any other paraprofessional who is providing special education or related services to such child, shall review such educational program with a supervisor, as needed, and be permitted to view such educational program in order to be able to provide special education or related services to such child or pupil in accordance with such educational program.

(11) Notwithstanding any provision of the general statutes, for purposes of Medicaid reimbursement, when recommended by the planning and placement team and specified on the individualized education program, a service eligible for reimbursement under the Medicaid program shall be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130, provided such service is recommended by an appropriately licensed or certified individual and is within the individual's scope of practice. Certain items of durable medical equipment, recommended pursuant to the provisions of this subdivision, may be subject to prior authorization requirements established by the Commissioner of Social Services. Diagnostic and evaluation services eligible for reimbursement under the Medicaid program and recommended by the planning and placement team shall also be deemed to be authorized by a practitioner of the healing arts under 42 CFR 440.130 provided such services are recommended by an appropriately licensed or certified individual and are within the individual's scope of practice.

(12) The Commissioner of Social Services shall implement the policies and procedures necessary for the purposes of this subsection while in the process of adopting such policies and procedures in regulation form, provided notice of intent to adopt the regulations is published in the Connecticut Law Journal within twenty days of implementing the policies and procedures. Such policies and procedures shall be valid until the time final regulations are effective.

(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 at the end of the school year during which such child reaches age twenty-two, 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. 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 Office of Early Childhood as a child care center, group child care home or family child care home, as described in section 19a-77, or be both approved and licensed. The State Board of Education shall adopt or update regulations, in accordance with chapter 54, to implement the provisions of this subsection.

(c) Each local or regional board of education may provide special education for children requiring it who are described by subparagraph (B) of subdivision (5) of section 10-76a and for other exceptional children for whom provision of special education is not required by law.

(d) To meet its obligations under sections 10-76a to 10-76g, inclusive, any local or regional board of education may make agreements with another such board or subject to the consent of the parent or guardian of any child affected thereby, make agreements, or on and after July 1, 2019, enter into a contract with any private provider of special education services, as defined in section 10-91g, private school, or public or private agency or institution, including a group home to provide the necessary programs or services, but no expenditures made pursuant to a contract with a private provider of special education services, private school, agency or institution for such special education shall be paid under the provisions of section 10-76g, unless (1) such contract includes a description of the educational program and other treatment the child is to receive, a statement of minimal goals and objectives which it is anticipated such child will achieve, an estimated time schedule for returning the child to the community or transferring such child to another appropriate facility, and an explanation of how the tuition or costs for services provided under the agreement or contract are to be calculated, (2) subject to the provisions of this subsection, the educational needs of the child for whom such special education is being provided cannot be met by public school arrangements in the opinion of the commissioner who, before granting approval of such contract for purposes of payment, shall consider such factors as the particular needs of the child, the appropriateness and efficacy of the program offered by such private school, agency or institution, and the economic feasibility of comparable alternatives, and (3) commencing with the 1987-1988 school year and for each school year thereafter, each such private provider of special education services, private school, agency or institution has been approved for special education by the Commissioner of Education or by the appropriate agency for facilities located out of state, except as provided in subsection (b) of this section. Notwithstanding the provisions of subdivision (2) of this subsection or any regulations adopted by the State Board of Education setting placement priorities, placements pursuant to this section and payments under section 10-76g may be made pursuant to such a contract if the public arrangements are more costly than the private provider of special education services, private school, institution or agency, provided the private provider of special education services, private school, institution or agency meets the educational needs of the child and its program is appropriate and efficacious. Notwithstanding the provisions of this subsection to the contrary, nothing in this subsection shall (A) require the removal of a child from a nonapproved facility if the child was placed there prior to July 7, 1987, pursuant to the determination of a planning and placement team that such a placement was appropriate and such placement was approved by the Commissioner of Education, or (B) prohibit the placement of a child at a nonapproved facility if a planning and placement team determines prior to July 7, 1987, that the child be placed in a nonapproved facility for the 1987-1988 school year. Each child placed in a nonapproved facility as described in subparagraphs (A) and (B) of subdivision (3) of this subsection may continue at the facility provided the planning and placement team or hearing officer appointed pursuant to section 10-76h determines that the placement is appropriate. Expenditures incurred by any local or regional board of education to maintain children in nonapproved facilities as described in said subparagraphs (A) and (B) shall be paid pursuant to the provisions of section 10-76g. Any local or regional board of education may enter into a contract with the owners or operators of any sheltered workshop or rehabilitation center for provision of an education occupational training program for children requiring special education who are at least sixteen years of age, provided such workshop or institution shall have been approved by the appropriate state agency. Whenever any child is identified by a local or regional board of education as a child requiring special education and such board of education determines that the requirements for special education could be met by a program provided within the district or by agreement with another board of education except for the child's need for services other than educational services such as medical, psychiatric or institutional care or services, such board of education may meet its obligation to furnish special education for such child by paying the reasonable cost of special education instruction in a private provider of special education services, private school, hospital or other institution provided such board of education or the commissioner concurs that placement in such institution is necessary and proper and no state institution is available to meet such child's needs. Any such private provider of special education services, private school, hospital or other institution receiving such reasonable cost of special education instruction by such board of education shall submit all required documentation to such board of education for purposes of submitting claims to the Medicaid School Based Child Health Program administered by the Department of Social Services.

(e)

(1) Any local or regional board of education which provides special education pursuant to any mandates in this section shall provide transportation, to and from, but not beyond the curb of, the residence of the child, unless otherwise agreed upon by the board and the parent or guardian of the child, tuition, room and board and other items necessary to the provision of such special education except for children who are placed in a residential facility because they need services other than educational services, in which case the financial responsibility of the school district and payment to such district shall be limited to the reasonable costs of special education instruction as defined in the regulations of the State Board of Education. If a hearing board, pursuant to subsection (d) of section 10-76h, rejects the educational program prescribed by the local or regional board of education and determines that a placement by a parent or guardian was appropriate, the local or regional board of education shall reimburse the parent or guardian for the reasonable costs incurred for the provision of special education pursuant to this section from the initiation of review procedures as provided by said section 10-76h.

(2) For purposes of this subdivision, "public agency" includes the offices of a government of a federally recognized Native American tribe. Notwithstanding any provision 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 or offices of a government of a federally recognized Native American tribe, said department or offices 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 or offices 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 or offices of a government of a federally recognized Native American tribe 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 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 the child's 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 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 or the Department of Correction, pursuant to section 18-99a, 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. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal year ending June 30, 2010, and each fiscal year thereafter, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be calculated in accordance with the provisions of subsections (d) and (e) of section 10-76g, if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.

(3) Payment for children who require special education and who reside on state-owned or leased property, and who are not the educational responsibility of the unified school districts established pursuant to section 17a-37 or section 18-99a, shall be made in the following manner: The State Board of Education shall pay to the school district which is responsible for providing instruction for each such child pursuant to the provisions of this subsection one hundred per cent of the reasonable costs of such instruction. In the fiscal year following such payment, the State Board of Education shall deduct from the special education grant due the local or regional board of education under whose jurisdiction the child would otherwise be attending school, where such board has been identified, the amount for which such board would otherwise have been financially responsible pursuant to the provisions of subdivision (2) of this subsection. No such deduction shall be made for any school district which is responsible for providing special education instruction for children whose parents or legal guardians do not reside within such district. The amount deducted shall be included as a net cost of special education by the Department of Education for purposes of the state's special education grant calculated pursuant to section 10-76g. Notwithstanding the provisions of this subdivision, for the fiscal years ending June 30, 2004, and June 30, 2005, and for the fiscal years ending June 30, 2012, and June 30, 2013, the amount of the grants payable to local or regional boards of education in accordance with this subdivision shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for the purposes of this subdivision for such year.

(4) Notwithstanding any other provision of this section, the Department of Mental Health and Addiction Services shall provide regular education and special education and related services to eligible residents in facilities operated by the department who are eighteen to twenty-one years of age. In the case of a resident who requires special education, the department shall provide the requisite identification and evaluation of such resident in accordance with the provisions of this section. The department shall be financially responsible for the provision of educational services to eligible residents. The Departments of Mental Health and Addiction Services, Children and Families and Education shall develop and implement an interagency agreement which specifies the role of each agency in ensuring the provision of appropriate education services to eligible residents in accordance with this section. The Department of Mental Health and Addiction Services shall be responsible for one hundred per cent of the reasonable costs of such educational services provided to eligible residents of such facilities.

(5) 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 by such board of education by filing with the State Board of Education, in such manner as prescribed by the Commissioner of Education, annually on or before December first a statement of the cost of providing special education, as defined in subdivision (2) of this subsection, for a child of the board placed by a state agency in accordance with the provisions of said subdivision or, where appropriate, a statement of the cost of providing educational services other than special educational services pursuant to the provisions of subsection (b) or (g) of section 10-253, 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 and the amount due to each town as tuition from other towns pursuant to this section shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant or tuition received, or a portion of such grant or tuition, which relates to special education expenditures incurred pursuant to subdivisions (2) and (3) of this subsection in excess of such board's budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. The state shall notify the local or regional board of education when payments are made to the treasurer of the town pursuant to this subdivision.

(f) No children placed out primarily for special education services shall be placed in a private school, agency or institution outside of the state, except when in the opinion of the Commissioner of Education it is determined that:

(1) No public or approved private facility which can reasonably provide appropriate special education programs for such children is available in the state;

(2) no public or approved private facility which can reasonably provide appropriate special education programs for such children is available in the state and the out-of-state placement is required for a period of time not to exceed two years, during which time the local or regional board of education responsible for providing such children with a special education shall develop an appropriate special education program or cause such program to be developed within the state; or

(3) an out-of-state placement is more economically feasible than an existing special education program in the state or any such program that could be developed within the state within a reasonable period of time. No placement in an out-of-state private special education school, agency or facility shall be approved unless such school, agency or facility first agrees in writing to submit to the state Department of Education any such financial program and student progress reports as the commissioner may require for the purpose of making an annual determination as to the economic feasibility and program adequacy of the special education program provided. The provisions of this subsection shall not apply to children placed out primarily for services other than educational services as described in subsection (d) of this section.

(g)

(1) Each local or regional board of education shall review annually and make a report as to the progress of each child for whom such board is obligated to provide a special education and who receives special education services in any private school, agency or institution and shall, upon request of the commissioner, submit such reports to the State Board of Education.

(2) Whenever a local or regional board of education determines that a child who has for three years received special education services in private facilities pursuant to subsection (d) of section 10-76d must receive such services from private facilities for an additional period of time, the State Board of Education, shall annually thereafter review the progress of such child prior to approving or disapproving for purposes of reimbursement, pursuant to subsection (d) of section 10-76d, any continuation of private placement, considering such factors as the educational and other needs of the child.

(h) The provisions of this section and sections 10-76a, 10-76b, 10-76c, 10-76f and 10-76g shall not be construed to relieve any insurer or provider of health or welfare benefits from paying any otherwise valid claim.

(i)

(1) No local or regional board of education shall discipline, suspend, terminate or otherwise punish any member of a planning and placement team employed by such board who discusses or makes recommendations concerning the provision of special education and related services for a child during a planning and placement team meeting for such child.

(2) No birth-to-three service coordinator or qualified personnel, as those terms are defined in section 17a-248, who discusses or makes recommendations concerning the provision of special education and related services for a child during a planning and placement team meeting for such child or in a transition plan, as required by section 17a-248e, shall be subject to discipline, suspension, termination or other punishment on the basis of such recommendations.

(3) No local or regional board of education shall discipline, suspend, terminate or otherwise punish any school employee, as defined in section 10-222d, who discusses or makes recommendations concerning the provision of services or accommodations for a student as part of a plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, during any meeting held to discuss such plan for such student.

Conn. Gen. Stat. § 10-76d

(1967, P.A. 627, S. 4, 11; 1969, P.A. 793, S. 2; P.A. 73-111; P.A. 75-255; 75-364; 75-521, S. 3, 6; 75-585; P.A. 76-310, S. 1, 2; 76-341; P.A. 77-36; 77-614, S. 302, 610; P.A. 78-218, S. 65; P.A. 79-128, S. 19, 36; P.A. 80-113, S. 1, 2; 80-138, S. 2, 3; P.A. 81-187; 81-432, S. 1, 11; P.A. 82-311, S. 1, 4; P.A. 83-169, S. 8; 83-265, S. 1, 2; P.A. 84-255, S. 7, 21; P.A. 85-473, S. 1, 3; 85-491, S. 1, 3; P.A. 86-333, S. 6, 32; P.A. 87-324, S. 1, 2; 87-499, S. 2, 25, 26, 34; P.A. 88-360, S. 11, 12, 63; P.A. 89-315, S. 1, 3; P.A. 90-230, S. 14, 101; P.A. 91-16 , S. 1 , 2 ; 91-277 , S. 4 , 6 ; P.A. 92-170 , S. 8 , 26 ; 92-262 , S. 10 , 11 , 42 ; P.A. 93-91 , S. 1 , 2 ; 93-352 , S. 1 , 3 ; 93-353 , S. 47 , 52 ; 93-381 , S. 9 , 39 ; P.A. 94-245 , S. 29 , 41 , 46 ; May Sp. Sess. P.A. 94-6 , S. 1 , 28 ; P.A. 95-237 , S. 1 , 5 , 7 ; 95-257 , S. 11 , 12 , 21 , 32 , 58 ; 95-259 , S. 10 , 32 ; P.A. 96-146 , S. 2 -4, 12; P.A. 97-114 , S. 1 , 2 ; P.A. 98-168 , S. 2 , 3 , 26 ; 98-252 , S. 8 , 80 ; P.A. 99-279 , S. 4 , 45 ; P.A. 00-48 , S. 3 , 10 -12; June Sp. Sess. P.A. 01-1 , S. 39 , 54 ; June 30 Sp. Sess. P.A. 03-3, S. 54; June 30 Sp. Sess. P.A. 03-6, S. 3, 4, 244, 245; P.A. 05-141 , S. 3 ; 05-245 , S. 18 ; P.A. 06-13 , S. 4 ; 06-18 , S. 1 -3; 06-188 , S. 26 ; P.A. 07-73 , S. 2 (a); 07-147 , S. 5 ; Sept. Sp. Sess. P.A. 09-5, S. 61; Sept. Sp. Sess. P.A. 09-6, S. 45; P.A. 11-48 , S. 179 ; 11-51 , S. 29 ; P.A. 12-116 , S. 67 ; 12-173 , S. 1 ; P.A. 13-40 , S. 9 ; 13-247 , S. 161 ; P.A. 14-39 , S. 3 ; 14-231 , S. 64 ; P.A. 15-141 , S. 8 ; 15-209 , S. 1 ; June Sp. Sess. P.A. 15-5 , S. 249 , 277 ; P.A. 16-163 , S. 27 ; June Sp. Sess. P.A. 17-2 , S. 51 , 52 , 578 ; P.A. 18-182 , S. 15 ; 18-183 , S. 6 .)

Amended by P.A. 23-0150,S. 16 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0159, S. 12 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0137, S. 52 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0137, S. 40 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0137, S. 39 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0137, S. 32 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0001, S. 9 of the Connecticut Acts of the 2023 Regular Session, eff. 2/14/2023.

Amended by P.A. 22-0116, S. 9 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.

Amended by P.A. 21-0144, S. 1 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2021.

Amended by P.A. 21-0002, S. 367 of the Connecticut Acts of the 2021 Special Session, eff. 7/1/2021.

Amended by P.A. 21-0046, SS.  25 of the Connecticut Acts of the 2021 Regular Session, 26 of the Connecticut Acts of the 2021 Regular Session eff. 7/1/2021.

Amended by P.A. 19-0184, S. 1 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.

Amended by P.A. 19-0117, S. 266 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.

Amended by P.A. 19-0049, S. 1 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.

Amended by P.A. 18-0183, S. 6 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.

Amended by P.A. 18-0182, S. 15 of the Connecticut Acts of the 2018 Regular Session, eff. 6/14/2018.

Amended by P.A. 17-0002, S. 578 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 17-0002, S. 52 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 17-0002, S. 51 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 16-0163, S. 27 of the Connecticut Acts of the 2016 Regular Session, eff. 6/9/2016.

Amended by P.A. 15-0005, S. 277 of the Connecticut Acts of the 2015 Special Session, eff. 7/1/2015.

Amended by P.A. 15-0005, S. 249 of the Connecticut Acts of the 2015 Special Session, eff. 7/1/2015.

Amended by P.A. 15-0209, S. 1 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Amended by P.A. 15-0141, S. 8 of the Connecticut Acts of the 2015 Regular Session, eff. 7/1/2015.

Amended by P.A. 14-0231, S. 64 of the Connecticut Acts of the 2014 Regular Session, eff. 7/1/2014.

Amended by P.A. 14-0039, S. 3 of the Connecticut Acts of the 2014 Regular Session, eff. 5/28/2014.

Cited. 172 Conn. 615 ; 179 Conn. 694 ; 187 Conn. 187 ; 195 Conn. 24 ; 198 Conn. 445 ; 226 C. 902 ; 228 C. 433 ; Id., 699; 229 Conn. 1 ; 238 Conn. 1 . Cited. 30 CA 720 . Section requires identification of those entitled to special education services irrespective of procedural timelines, precluding denial of benefits as a result of such timelines. 64 CA 273 . Town financially responsible for child in children's center. 30 CS 316 . Violates Art. I, Sec. 20 and Art. VIII, Sec. 1 of Connecticut Constitution. 31 Conn.Supp. 379 . Cited. 34 Conn.Supp. 257 ; Id., 277. Section requires school district to provide special education. 35 Conn.Supp. 501 . Cited. 36 CS 285 ; 39 Conn.Supp. 443 ; 44 Conn.Supp. 527 ; 45 Conn.Supp. 57 . Subsec. (a): Town charter that allows for separate referenda for town's operating budget and education budget and that allows voters to reject the budgets three times does not rise to the level of a veto and does not violate state statute and policy concerning education. 268 C. 295 .

See Sec. 10-76hh re prohibition on deduction of Medicaid reimbursement in determination of grant payments. See Sec. 10-91f re continued responsibility under Subsec. (e)(2) for costs of education and other services for child in the case of establishment of or placement in community residence or child-care residential facilities. See Sec. 10-184a re exemption of local or regional boards of education or State Board of Education from providing special education for children being educated at home or in private school.