reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Section 10-76b-1 - Authority

Current through July 10, 2024
Sections
				  10-76a-1 to
				  10-76d-19,
				  inclusive of the Regulations of Connecticut State Agencies are promulgated
				  pursuant to the authority granted in, and for the implementation of, the state
				  laws concerning children requiring special education, sections
				  10-76a to
				  10-76ii,
				  inclusive, of the Connecticut General Statutes and for compliance with the IDEA
				  for the provision of a free appropriate public education to children with
				  disabilities. Sections
				  10-76a-1 to
				  10-76d-19,
				  inclusive, of the Regulations of Connecticut State Agencies shall be applicable
				  to all boards of education as defined by such regulations.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Section 10-76b-2 - Severance clause

Current through July 10, 2024
If any provision contained in these regulations or the
				  application thereof to any person or circumstance is held invalid, the
				  remainder of the regulations and the application of the provision in question
				  to other persons not similarly situated or to other circumstances shall not be
				  affected thereby.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Section 10-76b-3 - Effective date

Current through July 10, 2024
These regulations shall take effect September 1, 1980, at
				  which time the regulations for Sections
				  10-76a to
				  10-76h,
				  inclusive, of the General Statutes shall be repealed.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Use of Seclusion and Restraint in Public Schools › Section 10-76b-5 - Use of physical restraint and seclusion in public schools. Definitions

Current through July 10, 2024
For the purposes of sections
					 10-76b-6
					 to
					 10-76b-11,
					 inclusive, of the Regulations of Connecticut State Agencies:
(1) "Assistant" means "assistant" as defined
				  in section
				  46a-150 of the
				  General Statutes;
(2) "Behavior
				  intervention" means supports and other strategies developed by the planning and
				  placement team to address the behavior of a person at risk which impedes the
				  learning of the person at risk or the learning of others;
(3) "Business day" means "business day" as
				  defined in subsection (a) of section
				  10-76h-1
				  of the Regulations of Connecticut State Agencies;
(4) "Individualized education plan" or "IEP"
				  means "individualized education plan" as defined in section
				  10-76a-1 of
				  the Regulations of Connecticut State Agencies;
(5) "Parent" or "parents," means "parents" as
				  defined in section
				  10-76a-1 of
				  the Regulations of Connecticut State Agencies;
(6) "Person at risk" means "person at risk"
				  as defined in subparagraph (A) of subdivision (3) of section
				  46a-150 of the
				  Connecticut General Statutes;
(7)
				  "Physical restraint" means "physical restraint" as defined in section
				  46a-150 of the
				  Connecticut General Statutes;
(8)
				  "Planning and placement team" or "PPT" means "planning and placement team" as
				  defined in section
				  10-76a-1 of
				  the Regulations of Connecticut State Agencies;
(9) "Provider" means "provider" as defined in
				  section
				  46a-150 of the
				  Connecticut General Statutes; and
(10) "Seclusion" means "seclusion" as defined
				  in section
				  46a-150 of the
				  Connecticut General Statutes, provided seclusion does not include any
				  confinement of a person at risk in which the person is physically able to leave
				  the area of confinement including, but not limited to, in-school suspension and
				  time-out.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Use of Seclusion and Restraint in Public Schools › Section 10-76b-6 - Use of physical restraint and seclusion in public schools

Current through July 10, 2024
No provider or assistant shall (1) use involuntary physical
					 restraint on a person at risk or (2) involuntarily place a person at risk in
					 seclusion, unless such use conforms to the requirements of sections
					 46a-150 to
					 46a-154,
					 inclusive, of the Connecticut General Statutes, and the requirements of
					 sections
					 10-76b-5
					 to
					 10-76b-11,
					 inclusive, of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Use of Seclusion and Restraint in Public Schools › Section 10-76b-7 - Use of physical restraint and seclusion in public schools, exceptions

Current through July 10, 2024
Nothing in sections
					 46a-150 to
					 46a-154,
					 inclusive, of the Connecticut General Statutes or sections
					 10-76b-5
					 to
					 10-76b-11,
					 inclusive, of the Regulations of Connecticut State Agencies shall be construed
					 to interfere with the responsibility of local or regional boards of education
					 to maintain a safe school setting in accordance with section
					 10-220
					 of the Connecticut General Statutes or to supersede the provisions of
					 subdivision (6) of section
					 53a-18
					 of the Connecticut General Statutes concerning the use of reasonable physical
					 force.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Use of Seclusion and Restraint in Public Schools › Section 10-76b-9 - Parental notification of physical restraint, seclusion

Current through July 10, 2024
(a)
				  If a person at risk is physically restrained or placed in seclusion, an attempt
				  shall be made to notify the parent on the day of, or within twenty-four hours
				  after, physical restraint or seclusion is used with the child as an emergency
				  intervention to prevent immediate or imminent injury to the person or others,
				  as permitted under sections
				  46a-150 to
				  46a-154,
				  inclusive, of the Connecticut General Statutes. Such notification shall be made
				  by phone, e-mail or other method which may include, but is not limited to,
				  sending a note home with the child. The parent of such child, regardless of
				  whether he or she received such notification, shall be sent a copy of the
				  incident report no later than two business days after the emergency use of
				  physical restraint or seclusion. The incident report shall contain, at a
				  minimum, the information required under subsection (d) of section
				  46a-152
				  of the Connecticut General Statutes.
(b) Where seclusion is included in the IEP of
				  a person at risk, the PPT and the parents shall determine a timeframe and
				  manner of notification of each incident of seclusion.
(c) The Department of Education shall develop
				  a plain language notice for use in the public schools to advise parents of the
				  laws and regulations concerning the emergency use of physical restraint or
				  seclusion or the use of seclusion as a behavior intervention in a child's IEP.
				  On and after October 1, 2009, this notice shall be provided to the child's
				  parent at the first PPT meeting following the child's referral for special
				  education. For children who were eligible for special education prior to
				  October 1, 2009, the notice shall be provided to the parent at the first PPT
				  meeting convened after October 1, 2009. The notice shall also be provided to a
				  child's parent at the first PPT meeting at which the use of seclusion as a
				  behavior intervention is included in the child's IEP.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Use of Seclusion and Restraint in Public Schools › Section 10-76b-10 - Required training for providers or assistants on the use of physical restraint or seclusion

Current through July 10, 2024
A person at risk may be physically restrained or removed to
					 seclusion only by a provider or assistant who has received training in physical
					 management, physical restraint and seclusion procedures. Providers or
					 assistants shall also be provided with training as described in subdivision (2)
					 of subsection (a) of section
					 46a-154
					 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Use of Seclusion and Restraint in Public Schools › Section 10-76b-11 - Reports of physical restraint, seclusion

Current through July 10, 2024
The recording and reporting of instances of physical
					 restraint or seclusion and the compilation of this information shall be in
					 accordance with section
					 46a-153
					 of the Connecticut General Statutes. The recording of such instances shall be
					 done on an incident report that contains the information and documentation
					 required by sections
					 46a-152
					 and
					 46a-153
					 of the Connecticut General Statutes. Such reports shall be completed no later
					 than the school day following the incident. The Department of Education shall
					 develop and make available a model incident report.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-1 - Special education and related services

Current through July 10, 2024
Each board of education shall provide a free appropriate
				  public education for each child with a disability. A child with a disability is
				  entitled to receive a free appropriate public education on and after the
				  child's third birthday, notwithstanding the fact that the third birthday occurs
				  outside of the regular school year. The PPT shall determine whether a child
				  whose birthday occurs outside of the regular school year requires extended
				  school year services.
(a)
General requirements.
Each board of education shall provide
				special education and related services for each child with a disability in
				accordance with the following requirements.
(1) Such education shall be consistent with
				the requirements of the IDEA, sections
				10-76a to
				10-76ii,
				inclusive, of the Connecticut General Statutes and sections
				10-76a-1 to
				10-76d-19,
				inclusive, of the Regulations of Connecticut State Agencies;
(2) Each child with a disability shall be
				entitled to participate in the general education high school graduation
				exercises and related activities of the board of education in the event such
				child will not be graduating with a general education high school diploma. Such
				child, such child's parents and the PPT shall determine such child's high
				school graduating class for purposes of participation in the high school
				graduation exercises and related activities. A child with a disability is
				entitled to participate in high school graduation exercises and related
				activities while such child is enrolled in high school;
(3) Each board of education shall award its
				general education high school diploma to each child with a disability who (A)
				meets the requirements for graduation for such board, (B) is provided a free
				appropriate public education by such board, and (C) is enrolled by such board
				in a program that does not award a diploma for purposes of high school
				graduation; and
(4) Such education
				shall be continued until the end of the school year in the event that the child
				turns twenty-one during that school year. For purposes of this subdivision,
				school year means July first through June thirtieth.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-2 - Personnel

Current through July 10, 2024
Each local board of education shall employ the number of
				  certified or licensed personnel and support personnel necessary to implement
				  the special education and related services required in each child's
				  individualized education program.
(a)
Aides.
Provision shall be made for the direct supervision of each
				aide who is assisting in the provision of special education or related services
				by a person certified or licensed in the area of specialization to which such
				aide is assigned. An aide works under the direct supervision of a teacher or
				related service personnel if (1) the teacher or related service personnel
				prepares the lessons and plans and the instructional support activities the
				aide performs, (2) the teacher or related service personnel evaluates the
				achievement of the child with whom such aide is working and (3) such aide works
				in close and frequent proximity with the teacher or related service
				personnel.
(b)
Consultation.
Time shall be scheduled during the school day for
				personnel who provide special education and related services or general
				education to consult with each other, other personnel and parents.
(c)
Personnel development.
Each
				board of education shall provide for a system of personnel development to meet
				the requirements of the IDEA, sections
				10-76a to
				10-76ii,
				inclusive, of the Connecticut General Statutes and sections
				10-76a-1 to
				10-76d-19,
				inclusive, of the Regulations of Connecticut State Agencies. In-service
				training on special education and related services shall be given to general
				and special education instructional, related services and support personnel. A
				board of education may require certain personnel to attend specific in-service
				training activities identified by the Department of Education to respond to
				specific corrective actions ordered by the Department of Education as a result
				of a complaint investigation, monitoring activities or a due process hearing
				officer decision.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-3 - Length of school day and year

Current through July 10, 2024
(a) Unless
				otherwise specified in a child's individualized education program, the minimum
				school day and year for children with disabilities shall be the same as that
				for children in the general education program established by the board of
				education in accordance with section
				10-16 of
				the Connecticut General Statutes. The PPT shall determine whether an individual
				child requires extended school day or extended school year services.
(b) Each board of education shall ensure that
				extended school day or extended school year services are available to each
				child with a disability in accordance with the IDEA. Each board of education
				shall ensure that consideration of such child's eligibility for, and the
				content, duration and location of such child's extended school year services is
				determined so as to allow the parent sufficient time to challenge the
				determination of eligibility, the program or the placement for such child
				before the beginning of the extended school year services for such child unless
				it is clearly not feasible to do so.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-4 - Physical facilities and equipment

Current through July 10, 2024
(a)
Physical
				facilities.
Each board of education shall provide special education and
				related services in a physical environment appropriate to the child's needs as
				set forth in the child's individualized education program.
(1) Children requiring special education and
				related services shall receive special education and related services in
				general education facilities where appropriate.
(2) Special education and related services
				shall be provided in facilities which meet all building, health and safety
				codes.
(3) Children with limited
				mobility shall have access, free from barriers to their mobility, to those
				areas to which access is necessary for the implementation of their
				individualized education programs.
(4) A board of education may rent special
				education facilities. Such facilities shall meet the requirements as set forth
				in section
				10-76d-4(a)
				(1) through (3) of these regulations. To receive payment for rental of special
				education facilities, a board of education shall document that adequate space
				is not available in any of its public school buildings and that rental is
				necessary because of improvement in or expansion of the special education
				program. Rented facilities for special education may be used to house general
				education classes where such use is a means of initiating or improving special
				education programs or facilities within a regular public school
				building.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-6 - Identification and eligibility of students

Current through July 10, 2024
(a)
Identification.
Each board of education shall ensure that children
				with disabilities, including children who are educated at home, homeless
				children, children who are wards of the state and children attending private
				schools, regardless of the severity of their disability, and who are in need of
				special education and related services, are located, identified and evaluated
				in accordance with the IDEA. This responsibility shall include cooperating with
				other agencies in a position to identify children with disabilities.
(b)
Eligibility for services for
				parentally placed private school children or children educated at home by their
				parents.
Special education and related services available for parentally
				placed private school children eligible for special education shall be provided
				in accordance with the IDEA. Children being educated at home by their parents
				shall not be considered parentally placed private school children for the
				purpose of receiving special education and related services in accordance with
				the IDEA.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-7 - Referral

Current through July 10, 2024
(a)
(1) Each
				board of education shall accept and process referrals for the initial
				evaluation of a child to determine if the child is a child with a disability
				from appropriate school personnel, as well as from a child's parents, or from a
				physician, clinic or social worker, provided the parent so permits. The
				Department of Education shall make available a standard referral form which
				shall be used in all referrals for the initial evaluation of a child to
				determine if the child is a child with a disability.
(2) The board of education shall make
				available information, understandable to the general public, concerning the
				procedures for requesting an initial evaluation of a child to all parents and
				professional staff of such board. Such information shall include, but not be
				limited to, a description of the general education interventions that are
				provided to meet the needs of individual children before a referral for a
				special education evaluation is requested and the special education referral
				and evaluation process. Such information shall identify at least one person in
				each school building that parents or professional staff of the board may
				contact regarding school policies and procedures for special education
				referrals and evaluations. The board may include such information in the
				student handbook, on the board's website or in another location to afford
				parents and staff access to such information.
(3) A parent is not required to submit the
				standard referral form for a referral for an initial evaluation to determine if
				a child is a child with a disability. The board of education shall accept as a
				referral a concern expressed in writing from the parent of the child that such
				child be referred for an initial evaluation and such written concern shall be
				provided to supervisory or administrative personnel of the board or such
				child's teacher. The board shall accept a referral that uses terms that clearly
				indicate a concern that such child may be a child with a disability and should
				be evaluated for special education identification and services. The date of
				referral for purposes of this subsection and section
				10-76d-13 is
				the date board personnel receive the referral. The date of referral is not the
				date the board's referral form is filled out by the board. Each board of
				education shall develop a process for accepting referrals from parents who
				cannot put their request in writing.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-9 - Evaluation; Independent Educational Evaluation; Determining the existence of a learning disability; Evaluation and identification for gifted and talented

Current through July 10, 2024
(a)
Evaluation; Independent Educational Evaluations.
The board of
				education shall conduct an initial evaluation or reevaluation, in accordance
				with the provisions of the IDEA, to determine if a child is a child with a
				disability. A parent shall be permitted to obtain an independent educational
				evaluation, in accordance with the provisions of the IDEA.
(b)
Determination of a learning
				disability.
The following criteria shall be used to determine if a child
				is a child with a learning disability.
(1)
(A) The child does not achieve adequately for
				the child's age or meet state-approved grade-level standards in one or more of
				the following areas when provided with learning experiences appropriate for the
				child's age or state-approved grade-level standards:
(i) oral expression;
(ii) listening comprehension;
(iii) written expression;
(iv) basic reading skills;
(v) reading fluency skills;
(vi) reading comprehension;
(vii) mathematics calculation; or
(vii) mathematics problem
				solving;
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-10 - Planning and placement team

Current through July 10, 2024
Each board of education shall establish a sufficient number
				  of planning and placement teams (1) to ensure that all children requiring
				  special education and related services within its jurisdiction are located,
				  evaluated and identified and, (2) to develop and implement an individualized
				  education program for each child who is found eligible for special education
				  and related services. The planning and placement team shall be responsible for
				  the following:
(a)
Referral.
The planning and placement team shall convene to process
				a referral submitted in accordance with section
				10-76d-7 of
				the Regulations of Connecticut State Agencies.
(b)
Evaluation of a child with a
				disability.
Conducting an evaluation, in accordance with the provisions
				of the IDEA, before the initial provision of special education and related
				services to a child with a disability.
(c)
Determination of
				eligibility.
Determining, following evaluation, the eligibility of a
				child for special education and related services.
(d)
Meetings.
Meeting to develop
				the individualized education program in the event of a determination that a
				child is eligible to receive special education and related services, and
				meeting to review or revise the individualized education program, in accordance
				with section
				10-76d-11
				of the Regulations of Connecticut State Agencies.
(e)
Re-evaluation.
Conducting a
				re-evaluation, in accordance with the provisions of the IDEA, of each child
				receiving special education and related services.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-11 - Individualized education program

Current through July 10, 2024
Each board of education shall adopt written policies and
				  procedures for developing, implementing, reviewing, maintaining and evaluating
				  the individualized education program for each child with a disability. Such
				  policies and procedures shall be consistent with the requirements of the IDEA,
				  sections 10-76a-10 -76ii of the Connecticut General Statutes and sections
				  10-76a-1 to
				  10-76d-19,
				  inclusive of the Regulations of Connecticut State Agencies. Each board of
				  education shall develop, review and revise the IEP for each child with a
				  disability in accordance with the requirements of the IDEA, sections
				  10-76a to
				  10-76ii,
				  inclusive, of the Connecticut General Statutes and the Regulations of
				  Connecticut State Agencies.
(a)
Components.
In addition to the IEP components required under the
				IDEA, the IEP shall also include (1) a statement of short-term instructional
				objectives derived from the measurable annual goals. A measurable annual goal,
				including academic and functional goals, is designed to meet the needs of a
				child with a disability that result from the child's disability to enable such
				child to be involved in and make progress in the general education curriculum
				and meet each of such child's other educational needs that result from such
				child's disability. Short-term instructional objectives shall include objective
				criteria, evaluation procedures and schedules for determining, on a regular
				basis, whether the short-term instructional objectives are being achieved; (2)
				a list of the individuals who will be implementing the IEP; (3) in the case of
				a residential placement, whether such placement is being recommended because of
				the need for services other than educational services; and (4) the specifics of
				the child's transportation needs.
(b)
Individualized education program
				form.
Each board of education shall use the individualized education
				program form developed by the Department of Education.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-12 - Planning and Placement Team Meetings; Transfer of Rights; exception

Current through July 10, 2024
Each planning and placement team is responsible for
				  initiating, conducting and maintaining a record of planning and placement team
				  meetings for developing, reviewing or revising a child's individualized
				  education program.
(a)
Parental
				participation.
Each board of education shall take steps to ensure that
				one or both of the child's parents are afforded the opportunity to participate
				in each meeting to develop, review or revise the individualized education
				program for that child. Every effort shall be made to schedule meetings at a
				mutually agreed upon time and place. Steps to ensure parental participation
				shall be taken in accordance with the following.
(1) At least five days prior to the meeting,
				parents shall be advised in writing, in their native language, of their rights
				to be participating members of the planning and placement team.
(2) Such notice shall also specify the
				purpose, time and location of the meeting and who has been invited.
(3) If neither parent can attend, reasonable
				effort shall be made to secure parental participation by other means such as
				conference calls or home visits.
(4) A meeting may be conducted without a
				parent in attendance if the board of education is unable to secure parental
				attendance. In this event, the board of education shall have a detailed record
				of its attempts to arrange parental participation.
(5) Each board of education shall take any
				and all actions necessary to ensure that the parents understand the proceedings
				at the meeting. This shall include, but not be limited to, providing an
				interpreter for the parents who are in need of such services.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-13 - Timelines

Current through July 10, 2024
Special education and related services shall be provided as
				  soon as possible after the planning and placement team meeting held to review,
				  revise or develop the child's individualized education program, but in any
				  event not later than the following timelines.
(a)
School year.
In the case of
				a referral made during the academic year, the timelines shall be as follows.
(1) The individualized education program
				shall be implemented within forty-five days of referral or notice, exclusive of
				the time required to obtain parental consent.
(2) In the case of a child whose
				individualized education program calls for out-of-district or private
				placement, the individualized education program shall be implemented within
				sixty days of referral or notice, exclusive of the time required to obtain
				parental consent. If difficulty of placement is such as to occasion a delay
				beyond this period, the board of education shall submit to the state board of
				education written documentation of its efforts to obtain placement in a timely
				manner.
(3) Notice shall be sent to
				the parents in accordance with the requirements of Section
				10-76d-8 of
				these regulations.
(4) Where
				necessary, parental consent shall be given within ten days of the date of
				notice or, where appropriate, of the date of the planning and placement team
				meeting in which the parents participated. Consent shall be as specified in
				Section
				10-76d-8 of
				these regulations.
(5) Notice of a
				planning and placement team meeting to develop, review or revise the child's
				individualized education program shall be sent to the parents in accordance
				with Section
				10-76d-12(c)
				of these regulations.
(6) A full
				copy of the individualized education program shall be sent to the parents
				within five days after the planning and placement team meeting to develop,
				review or revise the individualized education program.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-15 - Homebound and hospitalized instruction

Current through July 10, 2024
(a)
(1)
Provision of instruction for
				verified medical reason.
A board of education shall provide instruction
				to a child in a public school under the jurisdiction of such board when such
				child is unable to attend school due to a verified medical reason which may
				include mental health issues. The child's treating physician shall provide a
				statement in writing directly to the board of education, on a form provided by
				such board, stating:
(A) the child's treating
				physician has consulted with school health supervisory personnel and has
				determined that attendance at school with reasonable accommodations is not
				feasible,
(B) the child is unable
				to attend school due to a verified medical reason,
(C) the child's diagnosis with supporting
				documentation,
(D) the child will
				be absent from school for at least ten consecutive school days or the child's
				condition is such that the child may be required to be absent from school for
				short, repeated periods of time during the school year and,
(E) the expected date the child will be able
				to return to school.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-17 - Private facilities

Current through July 10, 2024
A board of education may place a child with a disability in a
				  private special education program.
(a)
Requirements.
Each board of education shall ensure that any
				placement in a private special education program is made in accordance with the
				following requirements.
(1) Before a board of
				education decides that a child with a disability cannot be appropriately placed
				in a school operated by such board of education or a program operated on behalf
				of such board of education, such as a program operated by a private special
				education program or a regional educational service center in a public school
				building, the board shall explore all other placement options that are
				consistent with the least restrictive environment requirements of the
				IDEA;
(2) The child's
				individualized education program shall be maintained by the staff administering
				the private special education program;
(3) The placement shall be at no cost to the
				parents;
(4) Prior to the placement
				of a child with a disability in a private special education program, a
				representative of the program shall participate in a PPT meeting in order to
				discuss the child's individualized education program; and
(5) A child placed in a private special
				education program shall be accorded all of the educational rights the child
				would have if served directly by his or her board of education including, but
				not limited to, access to extracurricular and nonacademic programs and services
				and the right to participate in the high school graduation exercises and
				activities of the board of education and to receive a general education high
				school diploma upon completion of the requirements for graduation from the
				board of education. The PPT shall consider and make arrangements for the child
				to participate in such activities if the PPT determines that it is appropriate
				for the child to participate; and
(6) All out-of-state private programs shall
				meet the educational standards for private special education programs in the
				state it is located. If no such standards exist, the sending board of education
				shall provide the Department of Education with documentation that the private
				placement is appropriate to the child's needs as set forth in the child's
				individualized education program.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-18 - Education records and reports

Current through July 10, 2024
Each board of education shall maintain records concerning
				  children with disabilities or children referred for an evaluation to determine
				  the child's eligibility for special education and related services consistent
				  with the requirements of the IDEA, except as provided in this section.
(a)
Access rights to records.
Parents shall have the right to inspect and review any education records
				relating to their child which are collected, maintained or used by the board of
				education.
(1) A request to inspect and
				review a child's records shall be in writing. The board of education shall
				comply with a request to review and inspect the child's education records
				without unnecessary delay and before any meeting regarding an IEP or any due
				process hearing or resolution session held in accordance with the IDEA;
				otherwise, the board of education shall comply with such request not later than
				ten days of such request.
(2) The
				parents' right to inspect and review the child's records shall include the
				right to one free copy of those records. A request for the free copy shall be
				made in writing. The board of education shall comply with such request not
				later than ten days of such request. Notwithstanding the fact that a test
				instrument or portion of a test instrument may meet the criteria of an
				"education record" under the Family Educational Rights and Privacy Act,
				20 USC
				1232g, any test instrument or portion of a
				test instrument for which the test manufacturer asserts a proprietary or
				copyright interest in the instrument shall not be copied. The parent retains
				the right to review and inspect such information and the board of education
				shall respond to reasonable requests from the parent for explanations and
				interpretations of the child's education record, which may include reviewing
				copyrighted testing instruments.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76d - Conditions of instruction › Section 10-76d-19 - Transportation

Current through July 10, 2024
Each board of education shall provide, as a related service,
				  safe and appropriate transportation as required to implement the individualized
				  education program for each child with a disability.
(a)
Travel time.
Total travel
				time shall not exceed one hour each way to and from a special education
				facility. All decisions relating to travel time shall take into account the
				nature and severity of the child's disability and the child's age. If an
				appropriate placement cannot be made without exceeding the one-hour travel time
				limit, written parental consent to longer travel time shall be obtained prior
				to implementing the transportation service.
(b)
Operators of vehicles.
Operators of vehicles shall be given such in-service training as is necessary
				to acquaint them with the specific needs of the children being transported and
				to equip them to meet those needs. Operators of vehicles shall meet the
				licensure requirements of the department of motor vehicles.
(c)
Vehicles.
All vehicles shall
				comply with requirements of the Department of Motor Vehicles and shall be
				equipped so as to ensure safe and appropriate transportation.
(d)
Transportation aides.
Each
				board of education shall provide transportation aides where such aides are
				ascertained to be necessary to ensure safe and appropriate transportation. A
				transportation aide shall be assigned to each vehicle transporting a child
				whose individualized education program specifies the need for such an
				aide.
(e)
Transportation
				provided by parents.
If the board of education requests that the parents
				transport a child, it shall reimburse the parents for the cost of such
				transportation at the standard mileage reimbursement for a privately owned
				automobile established by the Internal Revenue Service. Such reimbursement
				shall be for a round trip to transport the child to, and retrieve the child
				from, the program. No parent shall be required to provide transportation, nor
				shall any board of education be relieved of the obligation to provide
				transportation for a child because of the inability or unwillingness of parents
				to provide transportation. No board of education shall be required to reimburse
				parents for the cost of transporting a child if the parents reject the
				transportation offered by the board of education unless reimbursement is
				ordered by a hearing officer who finds the transportation offered by the board
				was not appropriate to meet the child's needs. In lieu of a hearing, the
				parents and the board may resolve their disagreement through mediation or
				resolution session.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76h - Due process › Section 10-76h-1 - Definitions

Current through July 10, 2024
As used in Sections 10-76h-1 to
				  10-76h-18,
				  inclusive, the following terms have the following meanings:
(a) "Business day" means Monday through
				Friday, except for federal and state legal holidays, unless holidays are
				specifically included in the designation of business day.
(b) "Commissioner" means the Commissioner of
				Education.
(c) "Child" means an
				individual under twenty-one years of age who is eligible for or may be eligible
				for special education and related services.
(d) "Day" means calendar day unless otherwise
				indicated as business day.
(e)
				"Department" means the Department of Education.
(f) "Due process unit" means the unit located
				within the Bureau of Special Education which manages the mediation, advisory
				opinion and hearing processes;
(g)
				"Parent" means a natural or adoptive parent of a child; a guardian, but not the
				state if the child is a ward of the state; a person acting in the place of a
				parent, such as a grandparent or stepparent, with whom the child lives, or a
				person who is legally responsible for the child's welfare; a pupil; or, a
				surrogate parent who has been appointed pursuant to section
				10-94g
				of the Connecticut General Statutes.
(h) "Party" means those individuals or groups
				who are engaged in mediation, in the advisory opinion process or in a
				hearing.
(i) "Public agency" means
				a local or regional board of education, the technical high school system, a
				unified school district, or the Department of Mental Health and Addiction
				Services or any other state agency to the extent such agency is responsible for
				the provision of special education and related services to a child with a
				disability.
(j) "Pupil" means an
				emancipated minor or a child eighteen years of age or older.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76h - Due process › Section 10-76h-2 - Who may file hearing requests

Current through July 10, 2024
Requests for hearing may be filed by the following:
(a) A parent of a child who is eligible for,
				or may be eligible for, special education and related services pursuant to the
				provisions of the General Statutes and the Individuals with Disabilities
				Education Act,
				20
				USC 1401 et seq.;
(b) The Commissioner of Children and
				Families, or a designee of said Commissioner, on behalf of any such child
				committed to or in the custody of said commissioner; or
(c) A public agency.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76h - Due process › Section 10-76h-3 - Hearing request; content of hearing request

Current through July 10, 2024
(a) A
				parent, the Commissioner of Children and Families, or a designee of said
				commissioner, a public agency or an attorney or advocate acting on behalf of
				any of these parties, may request in writing a hearing regarding a public
				agency's proposal to or refusal to initiate or change the identification,
				evaluation, or educational placement of a child or the provision of a free
				appropriate public education to the child. Each public agency shall provide
				assistance to the parent as may be necessary to file a written hearing
				request.
(b) When a hearing is
				requested under the provisions of this section, the public agency shall inform
				the parent of the availability of mediation and advisory opinion process as
				described in sections
				10-76h-5 and
				10-76h-6 of the
				Regulations of Connecticut State Agencies. The parent shall also be informed of
				any free or low cost legal services and other relevant services available in
				the area if the parent requests such information or a hearing is
				requested.
(c) In addition to the
				hearing request addressed in subsection (a) of this section, a public agency
				may request a hearing in writing in the event a parent refuses or revokes
				consent for initial evaluation or reevaluation.
(d) The party requesting a hearing shall file
				the hearing request with the opposing party and submit a copy of the hearing
				request to the due process unit. When a public agency requests a hearing, such
				agency shall provide, at the same time, a copy of the request to the
				Commissioner of Children and Families, or said commissioner's designee, for any
				child committed to or in the custody of said commissioner. The request shall
				contain the following information and shall be signed and dated by the person
				who is requesting the hearing:
(1) The name
				of the child;
(2) The address of
				the residence of the child, provided if the child is homeless, the request
				shall contain available contact information for the child;
(3) The name of the school the child is
				attending;
(4) A description of the
				nature of the dispute relating to the proposed or refused initiation or change,
				including facts relating to the dispute; and,
(5) A proposed resolution of the dispute to
				the extent known and available to the party at the time.
The department shall have available a model form to assist
				  the party in filing a request for due process. Such model form shall be made
				  available at each school and each school shall designate a staff member to
				  assist the parent in completing the form.
Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76h - Due process › Section 10-76h-4 - Statute of limitations

Current through July 10, 2024
(a) A party shall
				have two years to request a hearing from the time the party knew or should have
				known about the public agency proposal or refusal to initiate or change the
				identification, evaluation or educational placement of, or the provision of a
				free appropriate public education to the child. Such two-year limitation shall
				not apply to a parent who was prevented from filing a request for hearing due
				to (1) specific misrepresentations made by the public agency indicating that
				the public agency had resolved the problem forming the basis of the request for
				hearing, or (2) the public agency's withholding of information from the parent
				that was required to be provided to the parent under Part B of the Individuals
				with Disabilities Education Act,
				20 USC
				1400 et.seq. and the regulations adopted
				thereunder, as amended from time to time. If the procedural safeguards,
				including notice of the limitations contained in this section, is not given,
				such two-year limitation shall be calculated from the time notice of the
				safeguards is properly given.
(b)
				This limitation does not apply to evidence, provided admission of such evidence
				shall meet evidentiary considerations such as relevance and materiality and
				shall be ruled upon by the hearing officer.