HB 6883 — AN ACT CONCERNING STUDENTS WITH DEVELOPMENTAL DISABILITIES.

6883592 be11 forsHB6883 theFile soleNo. 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.

592 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.

(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 parentor,inthecaseofapupilwhoisanemancipatedminororeighteen 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 LCOchild {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06812in kindergarten, in accordance with the provisions of 30section R01-HB.docx10- }sHB6883 Substitute/ BillFile No.

6883592 child12 insHB6883 kindergarten,File inNo. accordance with the provisions of section 10- 184, and (II) have advisors and the school paraprofessional assigned to such child or pupilattendandparticipate in allportionsofsuch 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, 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.

592 184, and (II) have advisors and the school paraprofessional assigned to such child or pupilattendandparticipate in allportionsofsuch 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, 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.

(F)(i)At eachinitialplanning andplacement teammeeting for achild or pupil, the responsible local or regional board of education shall inform the parent, guardian, surrogate parent or pupil of [(i)] 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 [(ii)] 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 LCOrecommendationmade {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06813inthetransitionplan,asrequiredby ofsection17a- 30248e, R01-HB.docxby }such Substitutechild Billor pupil's birth-to-three service coordinator sHB6883 / File No.

6883592 recommendationmade13 inthetransitionplan,asrequiredbysHB6883 section17a-File 248e,No. by such child or pupil's birth-to-three service coordinator addressed by the planning and placement team.

592 addressed by the planning and placement team.

(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 LCOtool,suchastheAgesandStagesQuestionnaireandtheAgesandStages {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06814Social-Emotional ofQuestionnaire, 30or R01-HB.docxits }equivalent. Substitute Bill No.

6883If tool,suchastheAgesandStagesQuestionnaireandtheAgesandStagessuch Social-Emotionalmonitoring Questionnaire,results orin itssuspecting equivalent.a child of having a developmental delay, the board sHB6883 / File No.

If592 such14 monitoringsHB6883 resultsFile inNo. suspecting a child of having a developmental delay, the board shallschedule a planning andplacement team meeting withsuchchild'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 preschoolprogramunder Part BoftheIndividuals with Disabilities Act, 20 USC 1471 et seq.

592 shallschedule a planning andplacement team meeting withsuchchild'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 preschoolprogramunder Part BoftheIndividuals with Disabilities Act, 20 USC 1471 et seq.

LCOSec. {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06815 of 30 R01-HB.docx } Substitute Bill No.

6883 Sec.

(9)sHB6883 (A)/ TheFile planningNo. 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.

592 15 sHB6883 File No.

592 (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.

(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 transition program, as defined in section 1 of this act, and each program for adults for which such child may be eligible after graduation, (i) notify the state agency that provides such program about the potential eligibility of such child 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, and (ii) provide such parent, guardian, LCOsurrogate {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06816parent or child a listing of 30such R01-HB.docxprograms }that Substituteincludes, Billbut No.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.

6883sHB6883 surrogate/ parentFile orNo. 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 to such programs.

(C)592 Not16 latersHB6883 thanFile theNo. planning and placement team meeting that occursapproximatelytwo yearspriorto achild'santicipatedgraduation fromhighschoolor theendoftheschoolyear inwhicha child willreach 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, (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 fromhighschoolor upontheendoftheschoolyear inwhich 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.

592 (C) Not later than the planning and placement team meeting that occursapproximatelytwo yearspriorto achild'santicipatedgraduation fromhighschoolor theendoftheschoolyear inwhicha child willreach 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, (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 fromhighschoolor upontheendoftheschoolyear inwhich 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.

(NEW) (Effective July 1, 2023) The Department of Developmental Services shall assist any child who is determined to be potentially eligible for services from the department by such child's LCOplanning {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06817and placement team pursuant to subparagraph (B) of 30subdivision R01-HB.docx(9) }of Substitutesubsection Bill(a) No.of section 10-76d of the general statutes, as amended by this act, to secure and maintain suitable employment during the summer.

6883 planning and placement team pursuant to subparagraph (B) of subdivision (9) of subsection (a) of section 10-76d of the general statutes, as amended by this act, to secure and maintain suitable employment during the summer.

(NEW) (Effective July 1, 2023) The Department of DevelopmentalsHB6883 Services/ andFile theNo. Bureau of Rehabilitation Services shall each employ a sufficient number of employees to provide case management or benefit counseling services for children requiring special education who may be eligible to receive services from the department or bureauas determined by a planning and placement team pursuant to the provisions of subdivision (9) of subsection (a) of section 10-76d of the general statutes, as amended by this act.

592 17 sHB6883 File No.

592 Developmental Services and the Bureau of Rehabilitation Services shall each employ a sufficient number of employees to provide case management or benefit counseling services for children requiring special education who may be eligible to receive services from the department or bureauas determined by a planning and placement team pursuant to the provisions of subdivision (9) of subsection (a) of section 10-76d of the general statutes, as amended by this act.

The Office of Mediation Services shall (1) expand the mediation services offered by the department in lieu of proceeding directly to a special education hearing pursuant to section 10-76h of the general statutes, as amended by this act, (2) oversee and coordinate such mediation services for each school district in the state, (3) maintain a list of special education LCOmediators {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06818that meet the minimum training requirements set forth in subsection (c) of 30this R01-HB.docxsection }and Substituteare Billof a sufficient quantity to meet the needs of each school district in the state, (4) promote the benefits of mediation to each local or regional board of education, parents and guardians and special education advocacy groups, (5) solicit feedback from local and regional boards of education and parents and guardians sHB6883 / File No.

6883592 mediators18 thatsHB6883 meetFile theNo. minimum training requirements set forth in subsection (c) of this section and are of a sufficient quantity to meet the needs of each school district in the state, (4) promote the benefits of mediation to each local or regional board of education, parents and guardians and special education advocacy groups, (5) solicit feedback from local and regional boards of education and parents and guardians about the mediation process through an annual open meeting, after the conclusion of any mediation and in any other manner as determined by the office, (6) establish and publish on its Internet web site (A) a statement of the impartiality of mediators and the confidentiality of mattersdiscussedinmediation,whichshall,ataminimum,providethat no employee of the office or mediator on the list of special education mediatorsmayshareinformationfromanymediationwith anemployee of the department tasked with investigatory or enforcement functions unless required by state or federal law, and (B) a plain language resource explaining the mediation process and how to request and prepare for a mediation, which shall be translated into the most commonly spoken languages in the state, and (7) create a notice of the availability of mediation services that includes the link to the plain language resource pursuant to subparagraph (B) of subdivision (6) of this subsection, which shall be translated into the most commonly spoken languages in the state, for distribution by local or regional boards of education to parents, guardians and surrogate parents of children requiring special education pursuant to subparagraph (F) of subdivision (10) of subsection (a) of section 10-76d of the general statutes, as amended by this act.

592 about the mediation process through an annual open meeting, after the conclusion of any mediation and in any other manner as determined by the office, (6) establish and publish on its Internet web site (A) a statement of the impartiality of mediators and the confidentiality of mattersdiscussedinmediation,whichshall,ataminimum,providethat no employee of the office or mediator on the list of special education mediatorsmayshareinformationfromanymediationwithanemployee of the department tasked with investigatory or enforcement functions unless required by state or federal law, and (B) a plain language resource explaining the mediation process and how to request and prepare for a mediation, which shall be translated into the most commonly spoken languages in the state, and (7) create a notice of the availability of mediation services that includes the link to the plain language resource pursuant to subparagraph (B) of subdivision (6) of this subsection, which shall be translated into the most commonly spoken languages in the state, for distribution by local or regional boards of education to parents, guardians and surrogate parents of children requiring special education pursuant to subparagraph (F) of subdivision (10) of subsection (a) of section 10-76d of the general statutes, as amended by this act.

(c) The Office of Mediation Services shall verify that each mediator included on the list of special education mediators maintained by the office completes (1) not less than forty hours of training in mediation LCOskills {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06819through a module or course that has been approved by the office, and (2) training in special education law for a minimum number of 30hours R01-HB.docxprescribed }by Substitutethe Billoffice No.through a module or course provided by the Department of Education or by another provider approved by the office.

6883The skillsoffice throughmay, ain moduleits ordiscretion, coursewaive thatone hassuch been approved by the office, and (2) training inrequirement specialfor educationany lawapplicant for ainclusion minimumon number of hours prescribed by the officelist throughof aspecial moduleeducation ormediators coursewho provided(A) bysubmits theproof Department of Educationcompletion orof bya anotherforty- providersHB6883 approved/ byFile theNo. office.

The592 office19 may,sHB6883 inFile itsNo. discretion, waive one such training requirement for any applicant for inclusion on the list of special education mediators who (A) submits proof of completion of a forty- hour mediation skills training or an equivalent course of study related to mediation skills from an institution of higher education for waiver of the mediation skill training requirement, or (B) has sufficient and direct professional experience in special education law or submits proof of completion of a comparable course of study related to special education law from an institution of higher education for waiver of the special education law training requirement.

592 hour mediation skills training or an equivalent course of study related to mediation skills from an institution of higher education for waiver of the mediation skill training requirement, or (B) has sufficient and direct professional experience in special education law or submits proof of completion of a comparable course of study related to special education law from an institution of higher education for waiver of the special education law training requirement.

(NEW) (Effective July 1, 2023) (a) A parent or guardian of a child requiring special education and related services, pursuant to sections 10-76a to 10-76g, inclusive, of the general statutes, as amended by this act, a child if such child is an emancipated minor or eighteen years of age or older requiring such services, a surrogate parent appointed pursuant to section 10-94g of the general statutes, the Commissioner of Children and Families, or a designee of said LCOcommissioner, {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06820on behalf of 30any R01-HB.docxsuch }child Substitutein Billthe No.custody of said commissioner or the local or regional board ofeducation responsible for providingspecialeducationandrelatedservicesforachild,mayrequest a mediation through the Office of Mediation Services, established pursuant to section 18 of this act, at any time for any matter related to the provision of special education for a child, including, but not limited to, identification, evaluation, educational placement or implementation of an individualized education program.

6883sHB6883 commissioner,/ onFile behalfNo. of any such child in the custody of said commissioner or the local or regional board ofeducation responsible for providingspecialeducationandrelatedservicesforachild,mayrequest a mediation through the Office of Mediation Services, established pursuant to section 18 of this act, at any time for any matter related to the provision of special education for a child, including, but not limited to, identification, evaluation, educational placement or implementation of an individualized education program.

(b)592 Upon20 receiptsHB6883 ofFile aNo. request for a mediation, the Office of Mediation Services shall provide notification to the requester of such mediation and any other parties subject to the request of such mediation (1) that a conflict exists between such parties, (2) about the mediation process, including, but not limited to, stating that mediation is voluntary, facilitated by a neutral mediator and nonbinding, and (3) to invite all parties to participate in mediation.

592 (b) Upon receipt of a request for a mediation, the Office of Mediation Services shall provide notification to the requester of such mediation and any other parties subject to the request of such mediation (1) that a conflict exists between such parties, (2) about the mediation process, including, but not limited to, stating that mediation is voluntary, facilitated by a neutral mediator and nonbinding, and (3) to invite all parties to participate in mediation.

LCO(2) {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06821The local or regional board of 30education R01-HB.docxor }the Substituteunified Billschool district responsible for providing special education and related services for a child or pupil requiring such services under sections 10-76a to 10- 76g, inclusive, as amended by this act, may request, upon written notice to the parent or guardian of such child, the pupil if such pupil is an emancipated minor or is eighteen years of age or older, the surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, or a designee of said commissioner, on behalf of any such child or pupil in the custody of said commissioner, a hearing sHB6883 / File No.

6883592 (2)21 ThesHB6883 localFile orNo. regional board of education or the unified school district responsible for providing special education and related services for a child or pupil requiring such services under sections 10-76a to 10- 76g, inclusive, as amended by this act, may request, upon written notice to the parent or guardian of such child, the pupil if such pupil is an emancipated minor or is eighteen years of age or older, the surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, or a designee of said commissioner, on behalf of any such child or pupil in the custody of said commissioner, a hearing concerning the decision of the planning and placement team established pursuant to section 10-76d, as amended by this act, whenever such board or district proposes or refuses to initiate or change the identification, evaluation or educational placement of or the provision of a free appropriate public education placement to such child or pupil, including, but not limited to, refusal of the parent or guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older or the surrogate parent appointed pursuant to section 10-94g, to give consent for initial evaluation or reevaluation or the withdrawal of such consent.

592 concerning the decision of the planning and placement team established pursuant to section 10-76d, as amended by this act, whenever such board or district proposes or refuses to initiate or change the identification, evaluation or educational placement of or the provision of a free appropriate public education placement to such child or pupil, including, but not limited to, refusal of the parent or guardian, pupil if such pupil is an emancipated minor or is eighteen years of age or older or the surrogate parent appointed pursuant to section 10-94g, to give consent for initial evaluation or reevaluation or the withdrawal of such consent.

For purposes of this section, a "local or regional boardofeducationorunifiedschooldistrict"includesanypublicagency which is responsible for the provision of special education and related LCOservices {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06822to ofchildren 30requiring R01-HB.docxspecial }education Substituteand Billrelated No.services.

6883 services to children requiring special education and related services.

(4) A party shall have two years to request a hearing from the time the board of education proposed or refused to initiate or change the identification, evaluation or educational placement or the provision of a free appropriate public education placement to such child or pupil provided, if the parent, guardian, pupil or surrogate parent is not given noticesHB6883 of/ theFile proceduralNo. safeguards, in accordance with regulations adopted by the State Board of Education, including notice of the limitations contained in this section, such two-year limitation shall be calculated from the time notice of the safeguards is properly given.

592 22 sHB6883 File No.

592 notice of the procedural safeguards, in accordance with regulations adopted by the State Board of Education, including notice of the limitations contained in this section, such two-year limitation shall be calculated from the time notice of the safeguards is properly given.

No person who participated in the previous identification, evaluation or educational placement of or the provision of a free appropriate public education to the child or pupil nor any member of the board of education of the LCOschool {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-068823district ofunder 30review, R01-HB.docxshall }be Substitutea Billhearing No.officer or a member of a hearing board.

6883 school district under review, shall be a hearing officer or a member of a hearing board.

Each party to thehearing shallshalldisclose, disclose, not later thanfive business daysprior to the date the hearing commences, (A) documentary evidence such party plans to present at the hearing and a list of witnesses such party plans to call at the hearing, and (B) all completed evaluations and recommendations based on the offering party's evaluations that the partysHB6883 intends/ toFile useNo. at the hearing.

592 23 sHB6883 File No.

592 party intends to use at the hearing.

(d) (1) The hearing officer or board shall have the authority (A) to confirm, modify, or reject the identification, evaluation or educational placement of or the provision of a free appropriate public education to LCOthe {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-068824child or pupil, (B) to determine the appropriateness of 30an R01-HB.docxeducationalplacement }where Substitutetheparent Billor No.guardianofachildrequiring special education or the pupil if such pupil is an emancipated minor or eighteenyearsofage or older,hasplacedthe childor pupilinaprogram other than that prescribed by the planning and placement team, or (C) to prescribe alternate special educational programs for the child or pupil.

6883If the childparent or pupil,guardian (B) to determine the appropriateness of ansuch educationalplacementa wherechild theparentwho orpreviously guardianofareceived childrequiring special education orand therelated pupilservices iffrom suchthe pupildistrict isenrolls anthe emancipatedchild, minor or eighteenyearsofagethe orpupil older,hasplacedthewho childorpreviously pupilinaprogramreceived otherspecial thaneducation that prescribed by the planning and placementrelated team,services orfrom (C)the todistrict prescribeenrolls alternatein speciala educationalprivate programselementary foror thesecondary childsHB6883 or/ pupil.File No.

If592 the24 parentsHB6883 orFile guardianNo. of such a child who previously received special education and related services from the district enrolls the child, or the pupil who previously received special education and related services from the district enrolls in a private elementary or secondary school without the consent of or referral by the district, a hearing officer may,inaccordancewiththeIndividualswithDisabilitiesEducationAct, 20 USC 1400 et seq., as amended from time to time, require the district to reimburse the parents or the pupil for the cost of that enrollment if thehearing officer findsthat thedistrict hadnot madeafree appropriate public education available to the child or pupil in a timely manner prior to that enrollment.

592 school without the consent of or referral by the district, a hearing officer may,inaccordancewiththeIndividualswithDisabilitiesEducationAct, 20 USC 1400 et seq., as amended from time to time, require the district to reimburse the parents or the pupil for the cost of that enrollment if thehearing officer findsthat thedistrict hadnot madeafree appropriate public education available to the child or pupil in a timely manner prior to that enrollment.

The hearing officer or board shall inform the parent or guardian, or the emancipated minor or pupil eighteen years of age or older, or the surrogate parent appointed pursuant to section 10-94g, or the Commissioner of Children and Families, as the case may be, and the board of education of the school district or the unified school district of the decision in writing and mail such decision not later than forty-five daysafterthecommencementofthehearingpursuanttotheIndividuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, except that a hearing officer or board may grant specific extensions of such forty-five-day period in order to comply with the LCOprovisions {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06825 of 30subsection R01-HB.docx(b) }of Substitutethis Billsection. No.

6883 provisions of subsection (b) of this section.

(2) If the local or regional board of education or the unified school district responsible for providing special education for such child or pupil requiring special education does not take action on the findings or prescriptionsHB6883 of/ theFile hearingNo. officer or board within fifteen days after receipt thereof, the State Board of Education shall take appropriate action to enforce the findings or prescriptions of the hearing officer or board.

592 25 sHB6883 File No.

592 prescription of the hearing officer or board within fifteen days after receipt thereof, the State Board of Education shall take appropriate action to enforce the findings or prescriptions of the hearing officer or board.

In the event of an appeal, LCOupon {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-0688326request and at the expense of 30the R01-HB.docxState }Board Substituteof BillEducation, No.said board shall supply a copy of the transcript of the formal sessions of the hearing officer or board to the parent or guardian or the emancipated minor or pupil eighteen years of age or older or surrogate parent or said commissioner and to the board of education of the school district or the unified school district.

6883 upon request and at the expense of the State Board of Education, said board shall supply a copy of the transcript of the formal sessions of the hearing officer or board to the parent or guardian or the emancipated minor or pupil eighteen years of age or older or surrogate parent or said commissioner and to the board of education of the school district or the unified school district.

(f) (1) In lieu of proceeding directly to a hearing, pursuant to subsectionsHB6883 (a)/ ofFile thisNo. section, [the parties] any party may [agree in writing to request the Commissioner of Education to appoint a state mediator] request mediation through the Office of Mediation Services, established pursuant to section 18 of this act.

592 26 sHB6883 File No.

592 subsection (a) of this section, [the parties] any party may [agree in writing to request the Commissioner of Education to appoint a state mediator] request mediation through the Office of Mediation Services, established pursuant to section 18 of this act.

(2)If thedispute is not resolvedthroughmediation,[either]anyresolvedthroughmediation, [either]any party may proceed to a hearing.

LCOSec. {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06827 of 30 R01-HB.docx } Substitute Bill No.

6883 Sec.

Such audits shall include, but need not be limited to, (1) interviewing teachers and staff who provide special education services and parents or guardians of children requiring special education, (2) conducting unannounced on-site visits, and (3) reviewing individualized education programs upon the approval of the parent or guardian of the child to whomsHB6883 such/ individualizedFile educationNo. program applies.

592 27 sHB6883 File No.

592 whom such individualized education program applies.

Such program shall provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of alcohol and drugs, as defined in subdivision (17) of section 21a-240, to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education that includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, violence, teen dating violence, domestic violence and child abuse, (3) school violence prevention, conflict resolution, the prevention of and response to youth suicide and the identification and prevention of and response to bullying, as defined in subsection (a) of section 10-222d, except that those boards of education that implement any evidence-based model approach that is approved by the LCODepartment {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06828of Education and is consistent with subsection (c) of 30section R01-HB.docx10-145a, }sections Substitute10-222d, Bill10-222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 of public act 08-160, shall not be required to provide in-service training on the identification and prevention of and response to bullying, (4) cardiopulmonary resuscitation and other emergency life saving procedures, (5) the requirements and obligations of a mandated reporter, (6) the detection and recognition of, and evidence-based structured literacy interventions for, students with dyslexia, as defined in section 10-3d, (7) culturally responsive pedagogy and practice, including, but not limited to, the video training module relating to implicit bias and anti-bias in the hiring process in accordance with the provisions of section 10-156hh, [and] (8) the principles and sHB6883 / File No.

6883592 Department28 ofsHB6883 EducationFile andNo. is consistent with subsection (c) of section 10-145a, sections 10-222d, 10-222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 of public act 08-160, shall not be required to provide in-service training on the identification and prevention of and response to bullying, (4) cardiopulmonary resuscitation and other emergency life saving procedures, (5) the requirements and obligations of a mandated reporter, (6) the detection and recognition of, and evidence-based structured literacy interventions for, students with dyslexia, as defined in section 10-3d, (7) culturally responsive pedagogy and practice, including, but not limited to, the video training module relating to implicit bias and anti-bias in the hiring process in accordance with the provisions of section 10-156hh, [and] (8) the principles and practices of social-emotional learning and restorative practices, and (9) thelawsgoverningtheimplementationofplanningandplacementteam meetings and concerning plans pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time.

592 practices of social-emotional learning and restorative practices, and (9) thelawsgoverningtheimplementationofplanningandplacementteam meetings and concerning plans pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time.

14 July 1, 2023 10-76d(a)(9) LCOSec. {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06883- 29 of 30 R01-HB.docx } Substitute Bill No.

6883 Sec.

in Section 4(a)(1), "not later than three years after the date when"sHB6883 was/ changedFile toNo. "during the three-year period immediately following the date upon which" and "but thereafter, each new transition coordinator" was changed to "provided each new transition coordinator appointed after the initiation of such training period" for clarity;

592 29 sHB6883 File No.

592 when" was changed to "during the three-year period immediately following the date upon which" and "but thereafter, each new transition coordinator" was changed to "provided each new transition coordinator appointed after the initiation of such training period" for clarity;

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592 30 sHB6883 File No.

592 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 24 $ FY 25 $ Department of Developmental GF - Cost Up to $26.5 Up to $26.8 Services million million Education, Dept.

GF - Cost See Below See Below Aging and Disability Services, GF - Cost Up to $7.7 Up to $7.7 Dept.

million million State Comptroller - Fringe GF - Cost Up to $4.3 Up to $4.5 Benefits1 million million Note:

GF=General Fund Municipal Impact:

Municipalities Effect FY 24 $ FY 25 $ Local and Regional School STATE Potential Potential Districts MANDATE 2 - Cost Explanation The bill results in costs annually beginning in FY 24 to the State DepartmentofEducation(SDE),DepartmentofDevelopmentalServices (DDS), Department of Aging and Disability Services (ADS) and local and regional school districts.

It makes several changes regarding the provision of services to special education students that are aging out of 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 42.82% of payroll in FY 24.

2State mandate is defined in Sec.

2-32b(2) of the Connecticut General Statutes, "state mandate" means any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.

sHB6883 / File No.

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592 the public school system.

The impacts associated with these changes are described below.

Sections 1 and 2 result in an annual costs of approximately $307,000 beginning inFY 24 for SDE to hire at leasttwostaffmembersfor the new Office of Transition Services (OTS), as required by the bill.

It is anticipated that SDE will need to hire an Associate Education Consultant and an Education Manager for total annual costs of $215,000 in salaries and $92,000 in fringe benefits.

Section 3 requires SDE to develop, and regional educational service centers (RESCs) to provide, a training program for transition coordinators and staff employed by local and regional school districts.

It is anticipated that the staff hired for OTS, as required by the bill, would develop the training.

Depending on the extent of the training that SDE prescribes, the RESCs may incur costs to provide it to local and regional school districts at no cost to the districts.

Any cost is anticipated to be minimal, associated with the purchase of any materials.

Section 4 requires each local and regional board of education to appoint a transition coordinator andrequiresthe coordinator to provide transition resources to parents of students receiving special education services.

This has no fiscal impact, as the bill allows for such person to be an existing employee.

Sections 5 through 9 extend the obligation of local and regional school districts to provide special education services to students that are age 22.

This conforms statute to existing judicial directive.

Section 10 makes a technical change and has no fiscal impact.

Section 11 requires SDE to establish a competitive grant program to assist local and regional school districts and RESCs in developing and providing transition services.

The bill does not specify any provisions of the grant award or provide funding.

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592 Section 12 requires the State Education Resource Center to study each transition program provided by a local and regional school district and RESC and produce a report by January 1, 2024.

SERC could incur costs of up to $300,000 to hire a consultant to conduct the study.

Section 13 and 14 result in costs annually beginning in FY 24 to local and regional school districts to (1) provide a translator for a planning and placement team meeting if needed, and (2) provide translated materials, if needed.

Translation services typically cost between $125- $175 per hour, with a two-hour minimum.

As an illustration, the Hartfordschooldistrict typically hasover 1,000planning andplacement team meetings per year.

If 25% of those meetings required a translator, at the required two-hour minimum, the cost to the district would vary from $62,500 to $87,500 annually.

Section15requirestheDepartmentofDevelopmentalServices(DDS) to assist any student whose planning and placement team finds them potentially eligible for DDS services to find and maintain summer employment resulting in a potential cost of up to $19.3 million in FY 24 and $19.4 million in FY 25.

There are approximately 1,820 students currently eligible for DDS services who are age 16 to 21.

It is not known how many eligible and potentially eligible students will participate in the new DDS summer employment services required by the bill.

If all eligible students participate, DDS will need to hire nine transition advisor positions ($83,000 average salary in FY 24) at a cost of $747,000 in FY 24 and $765,000 in FY 25, plus State Comptroller fringe benefit costs of $319,865 in FY 24 and $327,573 in FY 25 to staff the program.

Additionally, there could be a per student cost of approximately $10,200 for program supports and transportation.

To the extent that DDS provides these services to the 1,820 eligible students participate, there would be additional costs of $18.6 million in FY 24 and FY 25.

Section 16 requires DDS and the Bureau of Rehabilitative Services (BRS) in the Department of Aging and Disability Services to employ 3This is the percentage of Hartford's October 1, 2022 ECS student count classified as English Learners.

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592 sufficient staff to give students that may be eligible for agency services case management and benefit counseling.

DDS has identified 3,540 individuals under the age of 22 who are eligiblefor DDS services.Currently,about 250ofthosehave an assigned case manager resultinginanadditional3,290individualsrequiring DDS case management under the bill.

DDS will need to hire up to 72 Case Managers and 7 Case Management Supervisors at a cost of $7.2 million in FY 24 and $7.4 million in FY 25, plus State Comptroller fringe benefit costs of $3.1 million in FY 24 and $3.2 million in FY 25 to provide the additional case management.

BRS currently has capacity to support 2,750 students with benefit counseling.

Based on the projected number of students (5,500 to 6,000) which BRS anticipates engaging with as a result of the bill, the Bureau could need to double its current capacity.

BRS will need to hire up to 22 Vocational Rehabilitation counselors and 3 Vocational Rehabilitation Supervisors at a cost of $1.6 million in FY 24 and $ 1.7 million in FY 25, plus fringe benefit costs of $726,000 in FY 24 and $744,000 in FY 25.

Additionally, there could be a per student cost of approximately $2,535 for program supports.

To the extent that BRS provides these supports to 2,750 additional students, there would be additional costs of approximately $7 million in FY 24 and FY 25.

Section17 requiresthe AuditorsofPublic Accountsto study thelevel of cooperation between state agencies that provide transition services resultinginnofiscalimpactbecausetheagencyhastheexpertisetomeet the requirements of the bill.

Sections 18 and 19 result in annual costs of approximately $307,000 annually beginning in FY 24 for SDE to hire at least two staff members for the Office of Mediation Services.

It is anticipated that SDE will need to hire an Associate Education Consultant and an Education Manager for a total annual cost of $215,000 in salaries and $92,000 in fringe benefits.

Section 20 makes procedural changes to the hearing and mediation sHB6883 / File No.

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592 processes and requires SDE to publish information about mediation on its Web site.

This results in no fiscal impact as it is anticipated SDE has the resources to fulfill this requirement.

Section 21 requires SDE to annually conduct audits beginning in FY of special education programs in randomly selected school districts.

This has no fiscal impact, as it is anticipated that SDE has the resources to complete the requirement.

Section 22 expands training that must be offered by local and regional school districts to its educator staff to include laws regarding PPTs and Section 504 plans.

This has no fiscal impact as it is anticipated that districts can complete this requirement with existing resources.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

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592 OLR Bill Analysis sHB 6883 AN ACT CONCERNING STUDENTS WITH DEVELOPMENTAL DISABILITIES.

TABLE OF CONTENTS:

SUMMARY § 1 — OFFICE OF TRANSITION SERVICES Creates OTS within SDE to oversee interagency coordination of transition services and create minimum services standards, among other things;

requires two full-time SDE staff for the office § 2 — INTERAGENCY COORDINATION OF TRANSITION SERVICES Adds OTS to the list of state entities that must collaboratively coordinate providing transition services;

requires the entities to maintain an online list of services and programs §§ 3 & 4 — TRAINING PROGRAM Requires SDE to work with other state entities and RESCs to develop a training program on public transition programs § 4 — DISTRICT TRANSITION COORDINATOR Requires each board of education to appoint a transition coordinator for the district §§ 5-9 — AGE FOR SPECIAL EDUCATION ELIGIBILITY Aligns special education statutes to a federal court ruling requiring boards of education to provide special education until an eligible studentgraduateshighschooloruntiltheendoftheschoolyearwhen the student reaches age 22 § 11 — COMPETITIVE GRANT PROGRAM Requires SDE to create a competitive grant program to help fund innovative public transition programs §§ 12 & 17 — REVIEW BY STATE ENTITIES Requires SERC to conduct a program-level review and the state auditors to conduct an interagency-level review sHB6883 / File No.

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592 § 13 — TRANSLATION SERVICES Aligns state law with federal requirements for interpreters at PPT meetings and translated IEP documents to ensure student, parent, and guardian understanding § 13 — INFORMATION FOR PARENTS AND GUARDIANS Requires boards of education to give parents, guardians, or surrogate parents information about conservatorship and mediation services § 14 — PPT COORDINATION OF TRANSITION SERVICES Requires a student’s PPT to coordinate transition services during meetings at two points in the student’s high school career §§ 15 & 16 — DDS-SPECIFIC STUDENT ASSISTANCE Requires DDS to help eligible special education students with summer employment, case management, and benefit counseling § 18 — OFFICE OF MEDIATION SERVICES Creates a new Office of Mediation Services within SDE to coordinate and oversee special education mediation services and approved mediators § 19 — MEDIATION REQUESTS Specifies the parties that may submit a request to OMS for mediation services and requires OMS to notify relevant parties § 20 — ADMINISTRATIVE HEARINGS Makes changes in the special education administrative hearing laws on (1) the order in which the parties must testify, (2) publishing the hearing officers’ decisions, and (3) using mediation in place of proceeding directly to a hearing § 21 — STATEWIDE SPECIAL EDUCATION OVERSIGHT PROGRAM Requires SDE to start a program to oversee school districts’ implementation of federal special education law § 22 — IN-SERVICE TRAINING Expandsrequired in-service training topicsto include laws governing PPT meetings and 504 plans BACKGROUND SUMMARY This bill makes various changes in the special education statutes, sHB6883 / File No.

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592 specifically those that govern special education dispute resolution (i.e., mediation and administrative hearings) and transition services.

“Transition services” are for students who require special education to facilitate their transition from school to postsecondary activities, such as education and training, employment, or independent living.

These services are provided by “public transition programs,” operated by boards of education or regional education service centers (RESCs) for students ages 18 to 22, based on the goals in their individualized education program (IEP).

The bill also creates two new offices within the State Department of Education’s (SDE) Bureau of Special Education to oversee these areas of law:

the Office of Transition Services and the Office of Mediation Services.

It also requires boards of education to create a districtwide position to oversee transition services.

This “transition coordinator” helps parents and students navigate the transition resources, services, and programs available for eligible students.

The bill also makes conforming changes.

A section-by-section analysis appears below.

EFFECTIVE DATE:

July 1, 2023, except the provisions on interagency coordination of transition services (§ 2) take effect on January 1, 2024.

§ 1 — OFFICE OF TRANSITION SERVICES Creates OTS within SDE to oversee interagency coordination of transition services and create minimum services standards, among other things;

requires two full-time SDE staff for the office The bill creates the Office of Transition Services (OTS) within SDE’s Bureau of Special Education and requires the education commissioner to hire at least two full-time staff, within available appropriations, to carry out its duties.

Specifically, the bill assigns the new office the following duties:

1.

overseeing the coordination of state agencies’ transition resources, services, and programs, including SDE and the Developmental Services (DDS), Aging and Disability Services sHB6883 / File No.

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592 (ADS), Mental Health and Addiction Services (DMHAS), and Children and Families (DCF) departments;

2.

establishing minimum standards for public transition programs and metrics for measuring them;

3.

performing unannounced site visits of public transition programs to (a) determine their effectiveness and suggest improvements and (b) post data on its website about how the program measured against the office’s minimum standards;

4.

developing a course on SDE’s website for educators and school staff who do not provide transition services to informthem about the services and these programs’ purpose, essential programming, and deadlines;

5.

establishing minimum standards for training transition coordinators;

6.

maintaining a record of each transition coordinator’s training program completion;

7.

establishing best practices for providing transition services and distributing them to each transition coordinator;

and 8.

developing, and updating as needed, an online and (in the office’s discretion) in-person training program on the legal requirements and best practice recommendations for special education and transition services.

§ 2 — INTERAGENCY COORDINATION OF TRANSITION SERVICES Adds OTS to the list of state entities that must collaboratively coordinate providing transition services;

requires the entities to maintain an online list of services and programs Under current law, the State Board of Education (SBE), in collaboration with DDS, the Bureau of Rehabilitation Services (BRS), and the Office of Workforce Strategy, must coordinate the provision of transition resources, services, and programs to children requiring sHB6883 / File No.

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592 special education and related services.

The bill requires OTS to lead the interagency coordination with SBE.

It also makes the following modifications to current law’s coordination requirements for these agencies:

1.

removes the requirement that they work together to create and update a fact sheet listing and describing the state agencies’ transition resources, services, and programs they provide;

2.

adds a requirement that they develop and maintain an easily accessible and navigable online listing of thetransition resources, services,andprogramseachprovides,includingaplainlanguage description, eligibility requirements, and application deadlines for each one;

3.

requires that SBE, beginning with the 2024-25 school year, annually distribute a notice to boards of education for parents, teachers, administrators, and board members about the new online listing, rather than distributing the discontinued fact sheet;

and 4.

makes other related conforming changes.

The bill makes a corresponding change, requiring each local or regional board of education to distribute the notice of the online listing annually, instead of the discontinued fact sheet.

Boards must distribute it to parents, guardians, or surrogate parents at a planning and placement team (PPT) meeting for each child in grades six through 12 requiring special education services.

§§ 3 & 4 — TRAINING PROGRAM Requires SDE to work with other state entities and RESCs to develop a training program on public transition programs Development The bill requires SDE, in consultation with DDS, BRS, and the RESCs, to develop a training program that complies with OTS’s minimum standards for public transition programs by January 1, 2024 (see § 1 sHB6883 / File No.

592 40 sHB6883 File No.

592 above).

Providers Under the bill, each RESC must provide the training program at no cost to certain employees of its member school districts.

Enrollment The bill requires the following individuals to enroll in the training program:

1.

transition coordinators, who must enroll within three years after the district’s RESC begins offering it, so long as each new appointee within this three-year period completes the program within one year after being appointed, and 2.

each educator and school staff who provides transition services, who must enroll during the five years after the district’s RESC begins offering it, so long as the person completes the program within one year after being hired to provide these services.

Also, the bill allows, but does not require, any other educators or schoolstaff interested inbecoming a transitioncoordinator or providing these services to enroll in the program.

It does not specify a required timeline for their enrollment.

§ 4 — DISTRICT TRANSITION COORDINATOR Requires each board of education to appoint a transition coordinator for the district The bill requires each local and regional board of education to appoint a transition coordinator by January 1, 2024.

It allows either the district’s pupil personnel director to serve in the position or another board employee appointed by the director.

Every transition coordinator must ensure that the parents of students requiring special education (1) receive information about transition resources, services, or programs and (2) are aware of the eligibility requirements and application details that specifically apply to their student.

§§ 5-9 — AGE FOR SPECIAL EDUCATION ELIGIBILITY sHB6883 / File No.

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592 Aligns special education statutes to a federal court ruling requiring boards of education to provide special education until an eligible student graduates high school or until the end of the school year when the student reaches age 22 The bill makes changes in various special education laws to align with the ruling in the class action lawsuit A.R.

v.

Connecticut State Board of Education.

In this case, the Second Circuit of the U.S.

Court of Appeals affirmed the U.S.

District Court for the District of Connecticut’s ruling that special education eligibility cannot end when a student turns 21 (5 F.4th 155 (2d Cir., 2021)).

Specifically, these conforming changes affect special education laws by doing the following:

1.

requiring local and regional boards of education to provide special education until the student graduates from high school or until the end of the school year when the child reaches age 22 (rather than until age 21 as under current law), whichever occurs first (§§ 5 & 7);

2.

requiring SBE to state in its “special education bill of rights for parents” that they have the right to ask the board to consider providing their child with transition services if the child is ages to 22, rather than 18 to 21 (§ 6);

3.

requiring that the liaison between a school district and the criminal justice system assist all relevant educational service providers in ensuring that people in justice system custody age or younger, rather than 21 or younger, are promptly evaluated for special education services eligibility (§ 8);

4.

defining the term “child” in special education law to mean any person age 22 or younger, rather than age 21 or younger (§ 9);

and 5.

removing an obsolete reference to state regulations that limit a student’s special education eligibility age to 21 years old (§ 10).

§ 11 — COMPETITIVE GRANT PROGRAM sHB6883 / File No.

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592 Requires SDE to create a competitive grant program to help fund innovative public transition programs The bill requires SDE to create a new competitive grant program to help fund the development of innovative public transition programs by local and regional boards of education and RESCs.

Potential recipients must submit their grant applications annually to the education commissioner according to her chosen timeline and format.

The commissioner must consider at least the following factors when determining grant awards:

1.

the public transition program’s innovative nature, 2.

the potential number of students the program could serve, 3.

the applicant’s relative wealth, and 4.

the number of school districts that the grant application includes.

The bill authorizes the commissioner to require grant repayment to the state if she finds that any grant awarded is being used for purposes other than developing or providing innovative public transition services.

The bill also requires grantees to submit to SDE, in a manner she provides, reports and financial statements, including an evaluation of their own public transition program and any new recommendations for best practices for this type of program.

§§ 12 & 17 — REVIEW BY STATE ENTITIES Requires SERC to conduct a program-level review and the state auditors to conduct an interagency-level review Under the bill, the State Education Resource Center (SERC) must conduct a program-level review of transition services, and the Auditors of Public Accounts (“state auditors”) must conduct an interagency-level review of the coordinated provision of services.

SERC Review (§ 12) The bill requires SERC to review each public transition program by sHB6883 / File No.

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592 examining at least the following aspects:

1.

each program’s type of transition services, 2.

staff numbers and qualifications, 3.

program location relative to the student’s or student’s family’s residence, and 4.

any metrics for measuring the program’s performance (e.g., student and family feedback;

student placement in jobs, postsecondary education, or adult training or programs).

State Auditor Review (§ 17) The bill requires the state auditors to study the cooperation level between state agencies that provide transition services (i.e., SDE, DDS, ADS, DMHAS, and DCF).

The study must at least examine any (1) barriers to state agency cooperation and (2) system inefficiencies for the agencies providing transition services.

The state auditors must report suggestions for improving interagency cooperation and service recipient outcomes to the Education Committee by January 1, 2024.

§ 13 — TRANSLATION SERVICES Aligns state law with federal requirements for interpreters at PPT meetings and translated IEP documents to ensure student, parent, and guardian understanding Federal special education regulations require boards of education to ensure that the parent understands the proceedings at a PPT meeting, including arranging for an interpreter for parents whose native language is not English (34 C.F.R.

§ 300.322(e)).

The bill aligns state law with this requirement by requiring local or regional boards of education to provide these interpreters and translated documents for students, parents, or guardians when needed or upon request.

Interpreters The bill grants a student’s parents, guardians, or surrogate parents the right to have a translator attend and participate in all portions of a PPT meeting where the student’s educational program is developed, reviewed, or revised.

The board of education must automatically sHB6883 / File No.

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592 provide a translator if there is an apparent need or if the parent, guardian, surrogate parent, or student requests one.

Translated Documents The bill also requires boards of education to provide translations of thefollowing documents intheprimary language ofthestudent,parent, guardian, or surrogate parent:

(1) a student’s IEP and any related documents and (2) any relevant information about IEPs that SDE creates, including information about transition resources and services for high school students.

Boards must supply translated documents automatically if there is an apparent need or upon request.

§ 13 — INFORMATION FOR PARENTS AND GUARDIANS Requires boards of education to give parents, guardians, or surrogate parents information about conservatorship and mediation services The bill requires local or regional boards of education to give the following information at the following times to parents, guardians, or surrogate parents of students who are eligible for special education and related services:

1.

at the first PPT meeting after a student reaches age 17, laws relating to becoming a conservator for a student who may have an intellectual disability by applying to the probate court and 2.

in writing at the beginning of the school year, and read aloud at the end of each school year’s first PPT meeting, the notice created by the Office of Mediation Services about available mediation services (see § 18 below).

§ 14 — PPT COORDINATION OF TRANSITION SERVICES Requires a student’s PPT to coordinate transition services during meetings at two points in the student’s high school career Meeting Post-Fourteenth Birthday Under the bill, if a student’s IEP contains a statement of transition service needs, then the student’s PPT must do the following at its first meeting after the student’s fourteenth birthday:

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592 1.

notify each state agency that the student may be eligible, pending parent, guardian, or student permission when applicable, for a transition program or adult program that the agency offers and 2.

give the parent, guardian, surrogate parent, or student a listing of these agency programs that includes for each one a plain language description, eligibility requirements, and application deadlines and instructions.

Meeting Two Years Before Transfer of Services Subsequently, at a meeting approximately two years before a student’s anticipated graduation or the end of the school year when the student will turn 22 years old, whichever comes first, the PPT must do the following, pending parent, guardian, or student permission when applicable:

1.

re-notify each state agency about the student’s potential eligibility for a transition program or adult program that it offers;

2.

invite a representative from each of the applicable agencies to attend the PPT meeting to establish contact with and counsel the parent, guardian, surrogate parent, or student on the process for the student’s anticipated services transfer;

and 3.

allow and facilitate contact and coordination between each applicable agency and the above parties to ease the transfer of services process.

At this meeting, the bill requires the PPT to also give these parties the following:

(1) a listing of each adult program for which the student may be eligible, including a plain language description, eligibility requirements, and application deadlines and instructions and (2) help completing an application to any of these programs.

§§ 15 & 16 — DDS-SPECIFIC STUDENT ASSISTANCE Requires DDS to help eligible special education students with summer employment, case management, and benefit counseling For any students whose PPT finds that they are potentially eligible sHB6883 / File No.

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592 for DDS services, the bill requires (1) DDS to help them find and maintain suitable summer employment and (2) DDS and BRS to employ enough staff to give them case management and benefit counseling services.

§ 18 — OFFICE OF MEDIATION SERVICES Creates a new Office of Mediation Services within SDE to coordinate and oversee special education mediation services and approved mediators Creation The bill creates the Office of Mediation Services (OMS) within SDE’s Bureau of Special Education.

The office must be separate and distinct from any of the department’s investigatory or enforcement functions.

The SDE commissioner must hire, within available hiring appropriations, one full-time staffer to carry out the office’s duties.

Duties Under the bill, OMS must do the following:

1.

expand SDE’s mediation services that are offered in place of parties proceeding directly to a special education hearing;

2.

oversee and coordinate these services for each school district statewide;

3.

maintain a list of special education mediators who (a) meet minimumtraining requirements thebillsetsand(b)are sufficient in number to meet each district’s needs;

4.

promote mediation’s benefits to each local and regional board of education, parents, guardians, and special education advocacy groups;

5.

solicit feedback from school boards, parents, and guardians about the mediation process (a) at an open annual meeting, (b) after any mediation ends, and (c) in any other way the office chooses;

and 6.

create (a) a statement on mediation impartiality and sHB6883 / File No.

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592 confidentiality, (b) an explanation of the mediation process, and (c) a notice of available mediation services, each further explained below.

OMS-Created Resources Impartiality and Confidentiality Statement.

The bill requires OMS to create and post on its website a statement that, at a minimum, must prohibit office employees and special education mediators from sharing information with the department tasked with investigatory or enforcement functions unless state or federal law requires it.

The bill also requires mediators to remain impartial and maintain the confidentiality of any matter discussed during mediation.

Process Explanation.

The bill also requires OMS to create and post on its website a resource that explains the mediation process in plain language, including how to request and prepare for a mediation.

This resource must be translated into the state’s most commonly spoken languages.

Notice of Available Services.

The bill requires OMS to create a notice that lists available mediation services and includes a link to the plain-language process explanation described above.

It also must be translated into the state’s most commonly spoken languages and distributed by local or regional boards of education to parents, guardians, and surrogate parents of students requiring special education.

Mediator Oversight Pre-Service Training Requirements.

The bill requires OMS to verify that each mediator on its list has met the following requirements:

1.

at least 40 hours of mediation skills training using an OMS- approved module or course and 2.

training in special education law using a module or course provided by SDE or another OMS-approved provider for the sHB6883 / File No.

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592 minimum hours the office requires.

The bill allows the office to waive one of these training requirements for certain applicant mediators under the following conditions:

1.

for the mediation skill training requirement, if the applicant submits proof of completing (a) a 40-hour mediation skills training or (b) an equivalent mediation skills course from a higher education institution or 2.

for the special education law training requirement, if the applicant (a) has sufficient, direct professional experience in special education law or (b) submits proof of completing a comparable special education law course from a higher education institution.

Additionally, the bill requires OMS to exempt five mediators from the pre-service training requirements entirely.

These mediators must haveconductedspecialeducationforSDEbeforeJuly1,2023.Theymust be added to the list of mediators that OMS maintains.

In-Service Education Requirements.

The bill requires each approved mediator on the office’s list to complete at least two hours of continuing education every two years in subject areas the office prescribes.

SDE or any other OMS-approved office may provide the continuing education.

§ 19 — MEDIATION REQUESTS Specifies the parties that may submit a request to OMS for mediation services and requires OMS to notify relevant parties The bill allows the following parties to request mediation services at any time through OMS for identification, evaluation, educational placement, or IEP implementation, among other reasons:

1.

a parent or guardian of a student requiring special education and related services, 2.

a student who requires these services and is either 18 years old sHB6883 / File No.

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592 or an emancipated minor, 3.

a surrogate parent, 4.

the DCF commissioner or her designee on behalf of any child in DCF custody, or 5.

thelocalor regionalboardofeducationresponsible for providing special education and related services to a student.

After OMS receives a mediation request, the bill requires the office to give the requester and other parties subject to the request the following:

1.

notice that a conflict exists between the parties;

2.

a statement that the mediation process is voluntary, facilitated by a neutral mediator, and nonbinding;

and 3.

an invitation to all parties to participate.

OMS also must provide a translator at the mediation if any party requests one.

§ 20 — ADMINISTRATIVE HEARINGS Makes changes in the special education administrative hearing laws on (1) the order in which the parties must testify, (2) publishing the hearing officers’ decisions, and (3) using mediation in place of proceeding directly to a hearing By law, certain aggrieved parties may request an administrative hearing before an SDE-provided hearing officer when the school district responsible for providing special education services proposes or refuses to initiate or change the (1) student’s identification, evaluation, or educational placement or (2) free appropriate public education (FAPE) given to the student.

The bill modifies the order in which the parties must testify and makes changes on publishing the hearing officers’ decisions and using mediation in place of proceeding directly to a hearing.

Testimony Order By law and unchanged by the bill, the hearing officer or board must sHB6883 / File No.

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592 hear testimony relevant to the disputed issue by the requesting party and any other party directly involved.

In a dispute over providing FAPE, the bill additionally requires that the hearing officer or board hear the testimony of the party responsible for providing special education to the student (e.g., the local or regional board of education or unified school district) before hearing any other party’s testimony.

Decision Publishing Current law requires that the hearing officer’s findings of fact, conclusions of law, and decision be written without personally identifiable information about the student who is the subject of the dispute, so that thedecisionsmay beavailable for publicinspection.

The bill adds the requirement that the decisions be promptly indexed and published (however, the bill does not define what is considered “prompt”).

Mediation Prior to Hearing By law and unchanged by the bill, mediation is available as a dispute resolution process before seeking an administrative hearing.

Current law requires the parties to agree in writing to request a state mediator from SDE.

The bill instead allows any one party to request mediation through OMS and does not require the request to be written or signed.

When the mediation has concluded, the bill requires the appointed mediator to certify in writing to OMS, rather than SDE, whether the mediation was successful.

It also makes conforming changes related to the mediator’s appointment.

Additionally, the bill requires SDE to create and publish online a plain language explanation of the department’s process for resolving special education complaints, the administrative hearing process, and how to request and prepare for a hearing.

This explanation must be translated into the state’s most commonly spoken languages.

§ 21 — STATEWIDE SPECIAL EDUCATION OVERSIGHT PROGRAM Requires SDE to start a program to oversee school districts’ implementation of federal special education law The bill requires SDE to start a program to oversee the sHB6883 / File No.

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592 implementation of federal special education law (i.e., the Individuals with Disabilities Education Act (IDEA)) in school districts statewide.

The department must use the program to conduct audits of randomly selected special education programs each year.

The audits must at least include the following components:

1.

interviewsof(a)teachersandstaffwho providespecialeducation services and (b) parents and guardians of children who require these services, 2.

unannounced on-site visits, and 3.

a review of students’ IEPs with parent or guardian approval.

§ 22 — IN-SERVICE TRAINING Expands required in-service training topics to include laws governing PPT meetings and plans By law, local and regional boards of education must provide in- service training to their licensed teachers, administrators, and pupil personnel that covers various topics, such as (1) health and mental health risk reduction education, (2) school violence prevention, and (3) cardiopulmonary resuscitation and other emergency life-saving procedures.

The bill expands these training topics to include the laws governing PPT meeting implementation and 504 plans (see BACKGROUND).

BACKGROUND Plans Section 504 of the federal Rehabilitation Act of 1973 protects students with mental or physical disabilities from discrimination in public schools (29 U.S.C.

§ 794).

Students who receive school accommodations under this law have them memorialized in a written plan, commonly known as a “504 plan.” Related Bills sSB 1200, § 4, favorably reported by the Education Committee, grants parents, guardians, students, and surrogate parents the right to have sHB6883 / File No.

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592 translation services at PPT meetings provided by either (1) a certified interpreter who attends the meeting in-person or is available by phone or through an online platform or (2) an internet website or other electronic application.

COMMITTEE ACTION Education Committee Joint Favorable Yea 44 Nay 0 (03/24/2023) sHB6883 / File No.

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