Conn. Gen. Stat. § 10-76g

Current with legislation from the 2023 Regular and Special Sessions.

Section 10-76g - State aid for special education

(a)

(1) For the fiscal year ending June 30, 1984, and each fiscal year thereafter, 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 section 10-76d, the Department of Children and Families shall pay the costs of special education to such institution pursuant to its authority under sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a-52 and 17a-861.

(2) For the fiscal year ending June 30, 1993, and each fiscal year thereafter, any local or regional board of education which provides special education and related services for any child (A) who is placed by a public agency, including, but not limited to, offices of a government of a federally recognized Native American tribe, in a private residential facility or who is placed in a facility or institution operated by the Department of Children and Families and who receives such special education at a program operated by a regional education service center or program operated by a local or regional board of education, and (B) for whom no local or regional board of education can be found responsible under subsection (b) of section 10-76d, shall be eligible to receive one hundred per cent of the reasonable costs of special education for such child as defined in the regulations of the State Board of Education. Any such board eligible for payment shall file with the Department 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 for such child, 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 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.

(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 and 18-99 a, 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 for the fiscal year commencing July 1, 2023, and each fiscal year thereafter, four and one-half times the net current expenditures per pupil of such board of education. Except as otherwise provided in subsection (d) of this section, the State Board of Education shall, within available appropriations, 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.

(c) Commencing with the fiscal year ending June 30, 1996, and for each fiscal year thereafter, within available appropriations, each town whose ratio of (1) net costs of special education, as defined in subsection (h) of section 10-76f, for the fiscal year prior to the year in which the grant is to be paid to (2) the product of its total need students, as defined in section 10-262f, and the average regular program expenditures, as defined in section 10-262f, per need student for all towns for such year exceeds the state-wide average for all such ratios shall be eligible to receive a supplemental special education grant. Such grant shall be equal to the product of a town's eligible excess costs and the town's base aid ratio, as defined in section 10-262f, provided each town's grant shall be adjusted proportionately if necessary to stay within the appropriation. Payment pursuant to this subsection shall be made in June. For purposes of this subsection, a town's eligible excess costs are the difference between its net costs of special education and the amount the town would have expended if it spent at the state-wide average rate.

(d) Notwithstanding any provision of the general statutes, for the fiscal year ending June 30, 2023, and each fiscal year thereafter, if the total of the amount of the grants payable to local or regional boards of education in accordance with (1) subsections (a) to (c), inclusive, of this section, except grants paid in accordance with subdivision (2) of subsection (a) of this section, (2) subdivision (2) of subsection (e) of section 10-76d, and (3) subsection (b) of section 10-253, in any fiscal year exceeds the amount appropriated for the purposes of the grants described in subdivisions (1) to (3), inclusive, of this subsection for such fiscal year, then each town shall be ranked in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261, and the state board shall pay such grant to the local or regional board of education for a town as follows:

(A) For any town ranked one hundred fifteen to one hundred sixty-nine, inclusive, ninety-one per cent of the amount of such town's eligible excess costs,

(B) for any town ranked fifty-nine to one hundred fourteen, inclusive, eighty-eight per cent of the amount of such town's eligible excess costs, and

(C) for any town ranked one to fifty-eight, inclusive, eighty-five per cent of the amount of such town's eligible excess costs. In the case of a regional board of education, such ranking shall be determined by (i) multiplying the total population, as defined in section 10-261, of each town in the regional school district by such town's ranking, as determined in this subsection, (ii) adding together the figures determined under clause (i) of this subparagraph, and (iii) dividing the total computed under clause (ii) of this subparagraph by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number. If the total amount of the grants payable to local and regional boards of education calculated under subparagraphs (A) to (C), inclusive, of this subsection in any fiscal year exceeds the total amount appropriated for the grants described in subdivisions (1) to (3), inclusive, of this subsection for such fiscal year, the amount of the grants payable under this subsection shall be reduced proportionately.

(e)

(1) For the fiscal year ending June 30, 2023, and each fiscal year thereafter, if the total amount appropriated in any fiscal year for the grants described in subdivisions (1) to (3), inclusive, of subsection (d) of this section exceeds the total of the amount of the grants payable to local and regional boards of education under subsection (d) of this section, for such fiscal year, such excess amount shall be distributed to each local and regional board of education as follows:

(A) Subtract the sum of all grants paid to local and regional boards of education in such fiscal year under subsection (d) of this section from the sum of all grants calculated under subsections (a) to (c), inclusive, of this section, subdivision (2) of subsection (e) of section 10-76d and subsection (b) of section 10-253;

(B) Subtract the sum of all grants paid to local and regional boards of education in such fiscal year under subsections (a) to (d), inclusive, of this section from the total amount appropriated in such fiscal year for all grants under this section;

(C) Divide the amount calculated under subparagraph (B) of this subdivision by the amount calculated under subparagraph (A) of this subdivision; and

(D) To determine the amount of such excess to be distributed to each local and regional board of education, multiply the amount calculated under subparagraph (A) of this subdivision that is attributable to such local or regional board of education by the per cent calculated under subparagraph (C) of this subdivision.

(2) Any grants paid in accordance with subdivision (2) of subsection (a) of this section shall be excluded from the calculations described in subdivision (1) of this subsection.

Conn. Gen. Stat. § 10-76g

(1967, P.A. 627, S. 8, 11; 1972, P.A. 182; P.A. 75-587, S. 1, 2; P.A. 78-218, S. 66; 78-248, S. 2; P.A. 79-128, S. 17, 36; 79-408, S. 1, 2, 5; P.A. 80-154, S. 4, 5; 80-473, S. 1, 3; P.A. 81-420, S. 1, 4; 81-432, S. 9, 11; P.A. 82-91, S. 1, 38; 82-301, S. 1, 5; P.A. 83-495, S. 1, 2; P.A. 84-385, S. 1, 3; P.A. 85-393, S. 1, 2; 85-476, S. 2, 6; P.A. 88-136, S. 5, 37; P.A. 89-355, S. 5, 20; P.A. 90-225, S. 1, 2, 10; June Sp. Sess. P.A. 91-7 , S. 7 , 22 ; P.A. 92-262 , S. 12 , 23 , 42 ; P.A. 93-91 , S. 1 , 2 ; 93-133 , S. 1 , 3 ; 93-353 , S. 9 , 52 ; P.A. 95-226 , S. 5 , 30 ; P.A. 96-146 , S. 6 , 12 ; P.A. 98-252 , S. 9 , 80 ; P.A. 00-220 , S. 40 , 43 ; P.A. 01-173 , S. 64 , 67 ; June Sp. Sess. P.A. 01-1 , S. 5 , 54 ; May 9 Sp. Sess. P.A. 02-7 , S. 1 ; P.A. 03-76 , S. 1 , 10 ; 03-174 , S. 8 ; June 30 Sp. Sess. P.A. 03-6, S. 20, 21; P.A. 05-245 , S. 13 , 19 ; Sept. Sp. Sess. P.A. 09-6, S. 46; P.A. 11-48 , S. 180 ; P.A. 13-40 , S. 10 ; 13-247 , S. 162 ; P.A. 14-231 , S. 65 ; June Sp. Sess. P.A. 15-5 , S. 250 ; June Sp. Sess. P.A. 17-2 , S. 172 , 579 .)

Amended by P.A. 23-0150,S. 10 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.

Amended by P.A. 23-0001, S. 8 of the Connecticut Acts of the 2023 Regular Session, eff. 2/14/2023.

Amended by P.A. 22-0118, S. 265 of the Connecticut Acts of the 2022 Regular Session, eff. 7/1/2022.

Amended by P.A. 21-0002, S. 368 of the Connecticut Acts of the 2021 Special Session, eff. 7/1/2021.

Amended by P.A. 19-0117, S. 267 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.

Amended by P.A. 17-0002, S. 579 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 17-0002, S. 172 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 15-0005, S. 250 of the Connecticut Acts of the 2015 Special Session, eff. 7/1/2015.

Amended by P.A. 14-0231, S. 65 of the Connecticut Acts of the 2014 Regular Session, eff. 7/1/2014.

Cited. 172 Conn. 615 ; 179 Conn. 694 ; 187 Conn. 187 ; 195 Conn. 24 ; 228 Conn. 699 ; 229 Conn. 1 . Violates Art. I, Sec. 20 and Art. VIII, Sec. 1 of Connecticut Constitution. 31 Conn.Supp. 379 . Cited. 34 Conn.Supp. 257 ; 35 Conn.Supp. 501 ; 36 Conn.Supp. 285 , 291; 44 Conn.Supp. 527 .

See Sec. 10-76hh re prohibition on deduction of Medicaid reimbursement in determination of grant payments. 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.