HB 5447 — AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE AUDITORS OF PUBLIC ACCOUNTS CONCERNING PRIVATE PROVIDERS OF SPECIAL EDUCATION.

General Assembly   RaisedSubstitute Bill No.

5447 February Session, 2018   LCO*_____HB05447ED____032618____* No.AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE AUDITORS OF PUBLIC ACCOUNTS CONCERNING PRIVATE PROVIDERS OF SPECIAL EDUCATION.

2275   *02275_______ED_* Referred to Committee on EDUCATION   Introduced by:

  (ED)   AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE AUDITORS OF PUBLIC ACCOUNTS CONCERNING PRIVATE PROVIDERS OF SPECIAL EDUCATION.

(NEW) (Effective from passage) Not later than January 1, 2019, the Commissioner of Education shall develop a rate schedule for the amount or range of amounts that may be charged by a private provider of special education services, as defined in section 10-91g of the general statutes, as amended by this act, to a local or regional board of education in a contract for the provision of special education and related services pursuant to sections 10-76d and 10-91j of the general statutes, as amended by this act.

Such rate schedule shall include, but need not be limited to, a percentage limitation on the amount that a private provider of special education may allocate for administrative costs, standards for the provision of such services, guidelines to assist local and regional boards of education in selecting and approving such services and guidance on how such services are to be documented by private providers of special education services.

The commissioner shall make the rate schedule available to local and regional boards of education and private providers of special education, and shall post the rate schedule on the Department of Education's Internet web site.

Sec.

3.

(b) Each local and regional board of education that has entered into an agreement or contract pursuant to [section]section sections 10-76d andor 10-91j, as amended by this act, with a private provider of special education services, shall submit to an audit conducted by the Auditors of Public Accounts for the purposes of examining such board's monitoring of student attendance at such private provider of special education services to ensure that proper services are being provided and costs are being controlled.

4.3.

(b) In accomplishing their duties as set forth in section 7-396a and in accordance with the authority granted under chapter 111, the Auditors of Public Accounts shall act as an agent of a local or regional board of education for the purposes of conducting an audit to examine the records and accounts of any private provider of special education services that (1) has entered into an agreement or contract with a local or regional board of education, pursuant to [section]section sections 10-76d andor 10-91j, as amended by this act, or (2) receives any state or local funds to provide special education and related services, in connection with any grant made by any state agency pursuant to any section of the general statutes or any public or special act.

(e) The Auditors of Public Accounts shall report their findings to (1) the local or regional board of education that has entered into an agreement or contract with the private provider of special education services, pursuant to [section]section sections 10-76d andor 10-91j, as amended by this act, or that has completed an individualized education program or individual services plan for a student receiving special education and related services from a private provider of special education services, (2) the Commissioner of Education, and (3) the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

2 fromJuly passage1, New2018 section10-91h(b) Sec.

3 July 1, 2018 10-91h(b)10-91g Sec.ED Joint Favorable Subst.

4 July 1, 2018 10-91g Statement of Purpose:

To require that boards of education enter into contracts with private providers of special education and to clarify that individualized education programs are not considered contracts, and to require the Commissioner of Education to establish a rates schedule for the provision of special education by private providers of special education services.

[Proposed deletions are enclosed in brackets.

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