SB 1561 — AN ACT CONCERNING RESOURCES FOR SPECIAL EDUCATION.

9181561 10cost sSB1561of Fileproviding No.special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing.

918 Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than March first, claims for additional children or costs not included in the December filing.

(5) "Fully funded grant" means the product of a town's base aid ratio, sSB1561the /foundation Fileand No.the town's special education need students for the fiscal year prior to the year in which the grant is to be paid.

918LCO 11 sSB1561of File56 Substitute Bill No.

9181561 (b) For the foundationfiscal year ending June 30, 2026, and theeach town'sfiscal specialyear educationthereafter, needeach studentsboard of education for thea fiscaltown yearmaintaining priorpublic schools according to thelaw yearshall inbe whichentitled theto a special education offset grant isin an amount equal to beits paid.fully funded grant.

(b) For the fiscal year ending June 30, 2026, and each fiscal year thereafter, each board of education for a town maintaining public schools according to law shall be entitled to a special education offset grant in an amount equal to its fully funded grant.

For the fiscal year ending June 30, 2026, and each fiscal year thereafter, if a board receives an increase in funds pursuant to this section over the amount it received for the prior fiscal year, such increase shall not be used to supplant funding for special education sSB1561purposes. / File No.

918The budgeted appropriation for special education for any board receiving an increase in funds pursuant to this section shall be not LCO 12 sSB1561of File56 Substitute Bill No.

9181561 purposes.less than the amount appropriated for special education for the prior year plus such increase in funds.

The budgeted appropriation for special education for any board receiving an increase in funds pursuant to this section shall be not less than the amount appropriated for special education for the prior year plus such increase in funds.

Such report shall include a summary and itemization of sSB1561how /grant Filefunds received pursuant to this section were expended during the prior fiscal year for the direct provision of special education LCO 13 of 56 Substitute Bill No.

9181561 13and sSB1561related Fileservices No.to students, including whether such grant was used to hire any new special education teachers, paraeducators or behavioral or reading specialists.

918 how grant funds received pursuant to this section were expended during the prior fiscal year for the direct provision of special education and related services to students, including whether such grant was used to hire any new special education teachers, paraeducators or behavioral or reading specialists.

sSB1561Sec. / File No.

918 14 sSB1561 File No.

918 Sec.

(NEW) (Effective July 1, 2025) (a) The Department of TransportationLCO shall14 developof recommended56 coordinatedSubstitute busBill routesNo. for all special education students traveling to and from special education outplacements in the state.

1561 Transportation shall develop recommended coordinated bus routes for all special education students traveling to and from special education outplacements in the state.

Grants awarded to local and regional boards of education under the program may be used (1) to enhance and improve existing special education programming and services in the school district or start-up costs related to the creation of in-district or regional special education programming and services for students who are currently enrolled in a program operated by a provider of special education services, as defined in section 10-91g of the general statutes, (2) for planning and operational expenses related sSB1561to /such Filein-district or regional special education programming and LCO 15 of 56 Substitute Bill No.

9181561 15services, sSB1561and File(3) No.for the provision of early interventions for students with dyslexia and multilingual learners.

918 to such in-district or regional special education programming and services, and (3) for the provision of early interventions for students with dyslexia and multilingual learners.

sSB1561(f) /Not Filelater than December 31, 2027, and annually thereafter, the LCO 16 of 56 Substitute Bill No.

9181561 16department sSB1561shall Filesubmit No.a report on the progress of the program to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

918 (f) Not later than December 31, 2027, and annually thereafter, the department shall submit a report on the progress of the program to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

[(A)] (1) To assist school building projects to remedy damage from fire and catastrophe, [(B)] (2) sSB1561LCO /17 Fileof 56 Substitute Bill No.

9181561 17to sSB1561correct Filesafety, No.health and other code violations, [(C)] (3) to replace roofs, including the replacement or installation of skylights as part of the roof replacement project, [(D)] (4) to remedy a certified school indoor air quality emergency, [(E)] (5) to install insulation for exterior walls and attics, [or (F)] (6) to purchase and install a limited use and limited access elevator, windows, photovoltaic panels, wind generation systems, building management systems or portable classroom buildings, provided portable classroom building projects shall not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the commissioner, or (7) on and after July 1, 2026, to assist a local or regional board of education in making minor capital improvements to the portion of an existing school building that will be used primarily for the purpose of providing special education and related services to students in the least restrictive environment, provided such existing school building is also being used to provide a program of general education for nonspecial education students.

918 to correct safety, health and other code violations, [(C)] (3) to replace roofs, including the replacement or installation of skylights as part of the roof replacement project, [(D)] (4) to remedy a certified school indoor air quality emergency, [(E)] (5) to install insulation for exterior walls and attics, [or (F)] (6) to purchase and install a limited use and limited access elevator, windows, photovoltaic panels, wind generation systems, building management systems or portable classroom buildings, provided portable classroom building projects shall not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the commissioner, or (7) on and after July 1, 2026, to assist a local or regional board of education in making minor capital improvements to the portion of an existing school building that will be used primarily for the purpose of providing special education and related services to students in the least restrictive environment, provided such existing school building is also being used to provide a program of general education for nonspecial education students.

(NEW) (Effective July 1, 2025) Any local or regional board of education, regional educational service center, operator of an interdistrict magnet school program, governing authority of a state sSB1561LCO /18 Fileof 56 Substitute Bill No.

9181561 18charter sSB1561school, Fileprivate No.provider of special education services, as defined in section 10-91g of the general statutes, approved by the Commissioner of Education pursuant to section 10-76d of the general statutes, as amended by this act, or any other entity described in subsection (d) of section 10-76d of the general statutes, as amended by this act, that provides special education or related services to a student for which another local or regional board of education is financially responsible for such services, shall return to such other board a prorated portion of funds, calculated to the end of the school year, paid by such other board for suchspecialeducationandrelatedservicesif,during theschoolyear, such student transitions out of or withdraws from the program of special education and related services provided by such board, center, magnet school program, state charter school, private provider or other entity and enrolls in a school under such other board or in another school district.

918 charter school, private provider of special education services, as defined in section 10-91g of the general statutes, approved by the Commissioner of Education pursuant to section 10-76d of the general statutes, as amended by this act, or any other entity described in subsection (d) of section 10-76d of the general statutes, as amended by this act, that provides special education or related services to a student for which another local or regional board of education is financially responsible for such services, shall return to such other board a prorated portion of funds, calculated to the end of the school year, paid by such other board for suchspecialeducationandrelatedservicesif,during theschoolyear, such student transitions out of or withdraws from the program of special education and related services provided by such board, center, magnet school program, state charter school, private provider or other entity and enrolls in a school under such other board or in another school district.

(NEW) (Effective July 1, 2025) (a) Not later than December 1, 2026, the Office of Policy and Management, in consultation with the sSB1561LCO /19 Fileof 56 Substitute Bill No.

9181561 19Department sSB1561of FileEducation No.and the Child Advocate, shall develop, and update not less than annually thereafter, a listing of each special education program offered by any (1) regional educational service center, (2) private provider of special education services, as defined in section 10-91g of the general statutes, approved by the Commissioner of Education pursuant to section 10-76d of the general statutes, as amended by this act, or (3) local or regional board of education that accepts out-of-district student placements.

918 Department of Education and the Child Advocate, shall develop, and update not less than annually thereafter, a listing of each special education program offered by any (1) regional educational service center, (2) private provider of special education services, as defined in section 10-91g of the general statutes, approved by the Commissioner of Education pursuant to section 10-76d of the general statutes, as amended by this act, or (3) local or regional board of education that accepts out-of-district student placements.

Sec.LCO 20 of 56 Substitute Bill No.

1561 Sec.

Section 10-74u of the general statutes is repealed and the sSB1561following /is Filesubstituted No.in lieu thereof (Effective July 1, 2025):

918 20 sSB1561 File No.

918 following is substituted in lieu thereof (Effective July 1, 2025):

sSB1561LCO /21 Fileof 56 Substitute Bill No.

9181561 21(2) sSB1561Not Filelater No.than ten business days following such site visit, the Commissioner of Education shall notify such regional educational service center or private provider of special education services in writing of the findings from such site visit and any required corrective actions.

918 (2) Not later than ten business days following such site visit, the Commissioner of Education shall notify such regional educational service center or private provider of special education services in writing of the findings from such site visit and any required corrective actions.

(a) As used in this section and sections 10-232b and 10-232c, sSB1561LCO /22 Fileof 56 Substitute Bill No.

9181561 22"nongovernmental sSB1561school Fileoperator" No.means an operator of an interdistrict magnet school that is a third-party not-for-profit corporation approved by the Commissioner of Education, the governing council of a state or local charter school, an endowed or incorporated academy approved by the State Board of Education pursuant to section 10-34, a special education facility approved by the State Boardof Education pursuant to section10-76d, as amended by this act, the supervisory agent of a nonpublic school, [or] a cooperative arrangement pursuant to section 10-158a and a private provider of special education services, as defined in section 10-91g.

918 "nongovernmental school operator" means an operator of an interdistrict magnet school that is a third-party not-for-profit corporation approved by the Commissioner of Education, the governing council of a state or local charter school, an endowed or incorporated academy approved by the State Board of Education pursuant to section 10-34, a special education facility approved by the State Boardof Education pursuant to section10-76d, as amended by this act, the supervisory agent of a nonpublic school, [or] a cooperative arrangement pursuant to section 10-158a and a private provider of special education services, as defined in section 10-91g.

If the nongovernmental school operator receives notice of a conviction of a crime which has not previously been disclosed by such person to the nongovernmental school operator, the nongovernmental school operator may (A) terminate the contract of a certified employee, in accordanceLCO with23 the provisions of section56 10-151,Substitute ifBill applicable, and (B) sSB1561 / File No.

9181561 23accordance sSB1561with Filethe No.provisions of section 10-151, if applicable, and (B) dismiss a noncertified employee, provided such employee is notified of the reason for such dismissal.

918 dismiss a noncertified employee, provided such employee is notified of the reason for such dismissal.

A nongovernmental school operator shall not require substitute teachers to submit to state andLCO national24 criminalof history56 recordsSubstitute checksBill pursuant to subsection (b) sSB1561 / File No.

9181561 24and sSB1561national Filecriminal No.history records checks pursuant to subsection (b) of this section if they are continuously employed by such nongovernmental school operator, provided a substitute teacher is subjected to such checks at least once every five years.

918 of this section if they are continuously employed by such nongovernmental school operator, provided a substitute teacher is subjected to such checks at least once every five years.

sSB1561LCO /25 Fileof 56 Substitute Bill No.

9181561 25Sec. sSB1561 File No.

918 Sec.

A representative of the local or regional board of education, sSB1561LCO /26 Fileof 56 Substitute Bill No.

9181561 26interdistrictmagnetschooloperator,governingcouncilofastateorlocal sSB1561charter Fileschool No.or private provider of special education services that has received such out-of-district student placement shall be invited to attend and participate in such planning and placement team meeting, but may not request that such planning and placement team meeting be held.

918 interdistrictmagnetschooloperator,governingcouncilofastateorlocal charter school or private provider of special education services that has received such out-of-district student placement shall be invited to attend and participate in such planning and placement team meeting, but may not request that such planning and placement team meeting be held.

(NEW) (Effective from passage) Not later than July 1, 2025, and annually thereafter, each local and regional board of education shall report to the Department of Education each placement of a student receiving special education services for which such board is paying any portionofthecost ofsuchservices.Suchreport shallinclude(1)whether such placement is a result of a decision of a planning and placement team meeting, a settlement agreement or a special education hearing pursuant to section 10-76h of the general statutes, as amended by this sSB1561LCO /27 Fileof 56 Substitute Bill No.

9181561 27act, sSB1561(2) Filewhether No.such placement is with an approved or nonapproved private provider of special education services, regional educational service center, operator of an interdistrict magnet school program, state charter school, a cooperative arrangement pursuant to section 10-158a of the general statutes, a local or regional board of education operating anoutplacement programor aspartofthestate-wideinterdistrict public school attendance program pursuant to section 10-266aa of the general statutes, (3) the amount being paid by such board, (4) the special education services being provided, (5) the location of the facility at which such special education services are being provided, and (6) any other information requested by the department.

918 act, (2) whether such placement is with an approved or nonapproved private provider of special education services, regional educational service center, operator of an interdistrict magnet school program, state charter school, a cooperative arrangement pursuant to section 10-158a of the general statutes, a local or regional board of education operating anoutplacement programor aspartofthestate-wideinterdistrict public school attendance program pursuant to section 10-266aa of the general statutes, (3) the amount being paid by such board, (4) the special education services being provided, (5) the location of the facility at which such special education services are being provided, and (6) any other information requested by the department.

(c) Not later than September 1, 2025, the Department of Education shall develop guidance for local and regional boards of education to determine circumstances in which the time required to conduct a sSB1561LCO /28 Fileof 56 Substitute Bill No.

9181561 28functional sSB1561behavior Fileassessment No.and develop or update a behavioral intervention plan would put at risk the safety of any student or school staff.

918 functional behavior assessment and develop or update a behavioral intervention plan would put at risk the safety of any student or school staff.

and (B) Best practices for the monitoring and random audits by the Department of Education of the use of physical restraint and seclusion pursuant to section 10-236b for students receiving special education, including, but not limited to, best practices for (i) ensuring the accuracy and consistency of the annual compilation of incidents of physical restraint and seclusions reported to the department pursuant to subsection (l) of said section, (ii) intervention by the department in sSB1561LCO /29 Fileof 56 Substitute Bill No.

9181561 29schools sSB1561and Filespecial No.education programs that report a high incidence of physical restraint and seclusion, (iii) enforcement of the laws relating to physical restraint and seclusion, such as through site visits of seclusion spaces and review of incident reports and parental notifications, (iv) mandatory training of staff and administrators to reduce reliance on physical restraint and seclusion, and (v) development of uniform rules or regulations applicable to physical restraint and seclusion of any student.

918 schools and special education programs that report a high incidence of physical restraint and seclusion, (iii) enforcement of the laws relating to physical restraint and seclusion, such as through site visits of seclusion spaces and review of incident reports and parental notifications, (iv) mandatory training of staff and administrators to reduce reliance on physical restraint and seclusion, and (v) development of uniform rules or regulations applicable to physical restraint and seclusion of any student.

The commission shall study (1) issues relating to education funding entitled to local and regional boards of education, charter schools and operators of interdistrict magnet schoolprogramsunder theprovisionsofsection10- 262h of the general statutes, and section 10-66ee of the general statutes, (2) accountability measures for (A) alliance districts, (B) charter schools, and (C) interdistrict magnet school programs, (3) the adequacy of financial reporting by (A) local and regional boards of education, including financial reporting associated with participation in the state- wide interdistrict public school attendance program, established pursuant to section 10-266aa of the general statutes, (B) the governing councils of state and local charter schools and charter management organizations, and (C) operators of interdistrict magnet school programs, and (4) the financial impact of interdistrict magnet school programs, charter schools and the state-wide interdistrict public school attendance program on local and regional boards of education, including, but not limited to, equalization aid grant amounts, sSB1561LCO /30 Fileof 56 Substitute Bill No.

9181561 30transportation sSB1561costs, Filespecial No.education services and other general educational costs for children who reside in the school district but do not attend a school under the jurisdiction of the board of education for such school district.

918 transportation costs, special education services and other general educational costs for children who reside in the school district but do not attend a school under the jurisdiction of the board of education for such school district.

sSB1561LCO /31 Fileof 56 Substitute Bill No.

9181561 31(3) sSB1561The Fileportion No.of such study regarding charter schools shall include, but need not be limited to, (A) the feasibility of allowing for a full grade expansion of existing charters, including grade expansion, (B) an examination of the impact of moratoriums on the granting of new charters, as well as the approval of new interdistrict magnet school programs, (C) a consideration of the duration of the length of a charter's validity, and (D) an examination of the charter renewal process, including the standards used by the State Board of Education during its determination of whether to renew a charter and the creation of an accountability scale.

918 (3) The portion of such study regarding charter schools shall include, but need not be limited to, (A) the feasibility of allowing for a full grade expansion of existing charters, including grade expansion, (B) an examination of the impact of moratoriums on the granting of new charters, as well as the approval of new interdistrict magnet school programs, (C) a consideration of the duration of the length of a charter's validity, and (D) an examination of the charter renewal process, including the standards used by the State Board of Education during its determination of whether to renew a charter and the creation of an accountability scale.

(2) The commission shall study and consider recommendations for the creation of a peer review process for the special education program in each school district that will review each school district periodically in an effort to share best practices to duplicate or model in other school sSB1561LCO /32 Fileof 56 Substitute Bill No.

9181561 32districts sSB1561with Filesimilar No.special education and student needs.

918 districts with similar special education and student needs.

Such review shall, at a minimum, consider the accessibility and usability of CT-SEDS by educators and parents and guardians of sSB1561LCO /33 Fileof 56 Substitute Bill No.

9181561 33students sSB1561and Fileany No.requirements of CT-SEDS that exceed statutory and regulatory requirements for individualized education programs.

918 students and any requirements of CT-SEDS that exceed statutory and regulatory requirements for individualized education programs.

(5) Three appointed by the majority leader of the House of Representatives, one of whom is a representative of the Connecticut School Counselor Association, one of whom is a representative of the sSB1561LCO /34 Fileof 56 Substitute Bill No.

9181561 34Connecticut sSB1561Education FileAssociation No.and one of whom is a representative of the Connecticut Voices for Children;

918 Connecticut Education Association and one of whom is a representative of the Connecticut Voices for Children;

sSB1561LCO /35 Fileof 56 Substitute Bill No.

9181561 35[(f)] sSB1561(g) FileThe No.administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to education shall serve as administrative staff of the commission.

918 [(f)] (g) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to education shall serve as administrative staff of the commission.

(5) Not later than January 1, 2027, the commission shall submit a report on the examination described in subdivision (3) of subsection (c) sSB1561LCO /36 Fileof 56 Substitute Bill No.

9181561 36of sSB1561this Filesection, No.in accordance with the provisions of section 11-4a of the general statutes, on its findings and recommendations to the Commissioner of Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations.

918 of this section, in accordance with the provisions of section 11-4a of the general statutes, on its findings and recommendations to the Commissioner of Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations.

Such guide shall include, but need not be limited to, an explanation of (1) the allowable number of days to (A) diagnose that a student requires special education or related services, and (B) hold an initial planning and placement team meeting, (2) the consequences for failure of the school district to (A) meet the deadlinesdescribed in subdivision (1)ofthissection,and(B) include the appropriate administrators at the initial and subsequent planning and placementLCO team37 processes,of and56 (3)Substitute recoursesBill available to parents and sSB1561 / File No.

9181561 37placement sSB1561team Fileprocesses, No.and (3) recourses available to parents and guardians if an in-home tutor does not attend tutoring sessions.

918 guardians if an in-home tutor does not attend tutoring sessions.

No educator or paraeducator may receive a grant award under the program unless such educator or paraeducator commits to three years ofLCO employment38 toof provide56 specialSubstitute educationBill and related services in a sSB1561 / File No.

9181561 38of sSB1561employment Fileto No.provide special education and related services in a school under the jurisdiction of a town designated as an alliance district pursuant to section 10-262u of the general statutes.

918 school under the jurisdiction of a town designated as an alliance district pursuant to section 10-262u of the general statutes.

Not later than February 1, 2026, the board shall submit a report on its reviewLCO and39 recommendations to the joint standing committee of the56 sSB1561Substitute /Bill File No.

9181561 39review sSB1561and Filerecommendations No.to the joint standing committee of the General Assembly having cognizance of matters relating to education, inaccordancewiththeprovisionsofsection11-4aofthegeneralstatutes.

918 General Assembly having cognizance of matters relating to education, inaccordancewiththeprovisionsofsection11-4aofthegeneralstatutes.

(Effective July 1, 2025) (a) The Commissioner of Education, in consultation with the Building Educational Responsibility with Greater Improvement Networks Commission, established pursuant to section 36LCO of40 public act 23-167, as amended by this act, and the Secretary of the56 OfficeSubstitute ofBill Policy and Management, shall develop a proposed state-wide sSB1561 / File No.

9181561 4036 sSB1561of Filepublic No.act 23-167, as amended by this act, and the Secretary of the Office of Policy and Management, shall develop a proposed state-wide special education workload analysis model for teachers and school service providers implementing a student's individualized education program in the provision of special education and related services.

918 special education workload analysis model for teachers and school service providers implementing a student's individualized education program in the provision of special education and related services.

(Effective July 1, 2025) Not later than January 1, 2027, the Building Educational Responsibility with Greater Improvement NetworksLCO Commission,41 established pursuant to section 36 of public56 actSubstitute 23-167,asamendedbyBill thisact,shallreviewandmakerecommendations sSB1561 / File No.

9181561 41Networks sSB1561Commission, Fileestablished No.pursuant to section 36 of public act 23-167,asamendedby thisact,shallreviewandmakerecommendations for legislation concerning the implementation of the proposed state- wide special education workload analysis model, developed pursuant to section 37 of this act.

918 for legislation concerning the implementation of the proposed state- wide special education workload analysis model, developed pursuant to section 37 of this act.

Except for good cause shown, the hearing officer shallLCO limit42 eachof party56 toSubstitute suchBill documentaryNo. evidence and witnesses as were properly disclosed and are relevant to the issues in dispute.

A1561 sSB1561shall /limit Fileeach No.party to such documentary evidence and witnesses as were properly disclosed and are relevant to the issues in dispute.

918A 42hearing sSB1561officer Filemay No.bar any party who fails to comply with the requirements concerning disclosure of (i) evaluations and recommendations from introducing any undisclosed evaluation or recommendation at the hearing without the consent of the other party, and (ii) all claims from raising any such claims.

918 hearing officer may bar any party who fails to comply with the requirements concerning disclosure of (i) evaluations and recommendations from introducing any undisclosed evaluation or recommendation at the hearing without the consent of the other party, and (ii) all claims from raising any such claims.

The hearing officer or board shall limit the offering of testimony and arguments to three days,LCO except43 the hearing officer or board may extend the duration of the56 hearingSubstitute ifBill necessary.No.

sSB15611561 /days, Fileexcept No.the hearing officer or board may extend the duration of the hearing if necessary.

918Sec. 43 sSB1561 File No.

918 Sec.

If the parent or guardian 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, in accordance with the Individuals with Disabilities Education Act, 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 the hearing officer finds that the district had not made a free appropriate public education available to the child or pupil in a timely manner prior to that enrollment.Inthecasewhereaparentorguardian,orpupilifsuchpupil is an emancipated minor or is eighteen years of age or older, or a surrogate parent appointed pursuant to section 10-94g, has refused consent for initial evaluation or reevaluation, the hearing officer or board may order an initial evaluation or reevaluation without the consent of such parent, guardian, pupil or surrogate parent except that if the parent, guardian, pupil or surrogate parent appeals such decision pursuantLCO to44 subdivision (4) of this56 subsection,Substitute theBill childNo. or pupil may not be evaluated or placed pending the disposition of the appeal.

If1561 thepursuant hearingto officersubdivision determines(4) thatof this subsection, the planchild foror thepupil provisionmay ofnot specialbe sSB1561evaluated /or Fileplaced No.pending the disposition of the appeal.

918If 44the sSB1561hearing Fileofficer No.determines that the plan for the provision of special education and related services offered by the district does not provide a free appropriate public education to the child or pupil, the hearing officer shall first consider all services provided by the district, followed by services provided by a charging entity, and if no such services provide a free appropriate public education to the child or pupil, then the hearing officer may consider a placement in a program offered by a nonapproved private provider of special education services.

918 education and related services offered by the district does not provide a free appropriate public education to the child or pupil, the hearing officer shall first consider all services provided by the district, followed by services provided by a charging entity, and if no such services provide a free appropriate public education to the child or pupil, then the hearing officer may consider a placement in a program offered by a nonapproved private provider of special education services.

(a) The State Board of Education shall provide for the development and supervision of the educational programs and services for children requiring special education and may regulate curriculum, conditions of instruction, including the use of physical restraint and seclusion pursuantLCO to45 section 10-236b, physical facilities and equipment, class composition and size, admission of students,56 andSubstitute theBill requirements respecting necessary special services and instruction to be provided by sSB1561 / File No.

9181561 45pursuant sSB1561to Filesection No.10-236b, physical facilities and equipment, class composition and size, admission of students, and the requirements respecting necessary special services and instruction to be provided by local and regional boards of education.

918 local and regional boards of education.

(b)LCO Not46 later than January 1, 2017, the commissioner shall submit the new individualized education program form developed pursuant to this section to the joint standing committee of the56 GeneralSubstitute AssemblyBill sSB1561 / File No.

9181561 46(b) sSB1561Not Filelater No.than January 1, 2017, the commissioner shall submit the new individualized education program form developed pursuant to this section to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

918 having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

(3) State-wide student population data relating to those students who areLCO included47 in a board's December first filing described in subsection (a) of section56 10-76gSubstitute ofBill the general statutes, including, but not limited to, the (A) number of students by (i) status as a multilingual learner, (ii) sSB1561 / File No.

9181561 47are sSB1561included Filein No.a board's December first filing described in subsection (a) of section 10-76g of the general statutes, including, but not limited to, the (A) number of students by (i) status as a multilingual learner, (ii) qualifying primary disability,(iii)theage categoriesof(I)agesthree and four, (II) ages five to twelve, inclusive, (III) ages thirteen to eighteen, inclusive, and (IV) ages nineteen and older, and (iv) each facility, and (B)average number oftuitiondays,providedsuchdatadoesnot contain any personally identifiable information of such students and is in accordance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.

918 qualifying primary disability,(iii)theage categoriesof(I)agesthree and four, (II) ages five to twelve, inclusive, (III) ages thirteen to eighteen, inclusive, and (IV) ages nineteen and older, and (iv) each facility, and (B)average number oftuitiondays,providedsuchdatadoesnot contain any personally identifiable information of such students and is in accordance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.

(Effective July 1, 2025) Not later than February 1, 2026, the Commissioner of Education shall submit a report on recent developmentsLCO and48 best practices regarding dyslexia evaluations and interventions to the joint standing committee of the56 GeneralSubstitute AssemblyBill having cognizance of matters relating to education, in accordance with sSB1561 / File No.

9181561 48developments sSB1561and Filebest No.practices regarding dyslexia evaluations and interventions to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

918 the provisions of section 11-4a of the general statutes.

(c)LCO The49 Commissioner of Motor56 VehiclesSubstitute mayBill adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish standards and procedures for the issuance, renewal and sSB1561 / File No.

9181561 49(c) sSB1561The FileCommissioner No.of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish standards and procedures for the issuance, renewal and replacement of special education support number plates.

918 replacement of special education support number plates.

(1)LCO A50 requirement that such private provider of special56 educationSubstitute servicesBill submit monthly or quarterly reports to such board regarding the specific services and frequency of such services being provided by such private provider of special education services to students under sSB1561 / File No.

9181561 50(1) sSB1561A Filerequirement No.that such private provider of special education services submit monthly or quarterly reports to such board regarding the specific services and frequency of such services being provided by such private provider of special education services to students under the [agreement or] contract, and (2) authorization for such board to (A) review and reconcile such reports to the contracted services described in the [agreement or] contract, or (B) conduct periodic site visits at the location where such private provider of special education services provides services.

918 the [agreement or] contract, and (2) authorization for such board to (A) review and reconcile such reports to the contracted services described in the [agreement or] contract, or (B) conduct periodic site visits at the location where such private provider of special education services provides services.

(NEW) (h) For the fall semester of 2025 and spring semester 2026, and eachLCO semester51 thereafter, the Board of Regents56 forSubstitute HigherBill Education shall continue to offer each transitional college readiness program, embedded remedial support program and intensive remedial support program that said board offered at each public institution of higher education during the fall semester of 2024 and spring semester of 2025, sSB1561 / File No.

9181561 51each sSB1561semester Filethereafter, No.the Board of Regents for Higher Education shall continue to offer each transitional college readiness program, embedded remedial support program and intensive remedial support program that said board offered at each public institution of higher education during the fall semester of 2024 and spring semester of 2025, respectively.

918 respectively.

(5)LCO Analyze52 and monitor the development and implementation of federal,stateandlocallaws,regulationsandpoliciesrelatingtostudents56 andSubstitute recommendBill anyNo. changes the Educational Ombudsperson deems necessary;

(6)1561 Disseminate(5) informationAnalyze concerningand monitor the availabilitydevelopment and implementation of thefederal,stateandlocallaws,regulationsandpoliciesrelatingtostudents Officeand sSB1561recommend /any Filechanges No.the Educational Ombudsperson deems necessary;

918(6) 52Disseminate sSB1561information Fileconcerning No.the availability of the Office of the Educational Ombudsperson to assist students and families of students, as well as local and regional boards of education with educational resource concerns;

918 of the Educational Ombudsperson to assist students and families of students, as well as local and regional boards of education with educational resource concerns;

An instructional support teacher shall (1) assist school- based personnel in improving the quality of teaching and student learning for students with disabilities, (2) assume responsibility for the knowledge and application of the appropriate curriculum and the instructional programs for students with disabilities in compliance with all state and federal laws and any policies of the Department of Education or the school district, (3) collaborate with parents and school personnel regarding instructional decision-making for students with disabilities,LCO (4)53 planof and56 deliverSubstitute professionalBill learning activities to staff, parents and others to increase achievement for students with disabilities, (5) provide coaching and follow-up to support district initiatives, including, but not limited to, effective literacy and math instruction, personalized learning and individualized instruction for students with disabilities, (6) assist teachers in improving classroom sSB1561 / File No.

9181561 53disabilities, sSB1561(4) Fileplan No.and deliver professional learning activities to staff, parents and others to increase achievement for students with disabilities, (5) provide coaching and follow-up to support district initiatives, including, but not limited to, effective literacy and math instruction, personalized learning and individualized instruction for students with disabilities, (6) assist teachers in improving classroom management and climate through the implementation of effective instructional methods and behavioral supports, and (7) consult with school-based instructional staff regarding individual education program development, extended school year, behavioral interventions and transition plans for students with disabilities.

918 management and climate through the implementation of effective instructional methods and behavioral supports, and (7) consult with school-based instructional staff regarding individual education program development, extended school year, behavioral interventions and transition plans for students with disabilities.

(NEW) (Effective July 1, 2025) (a) For the fiscal year ending June 30, 2026, and each fiscal year thereafter, the Department Education shall establish a grant program to support local and regional boards of education in providing support services for students who require special education and have experienced trauma or have behavioral healthLCO needs.54 of 56 Substitute Bill No.

1561 health needs.

Grants shall be funded in an amount prescribed by the sSB1561Commissioner /of FileEducation. No.

918 54 sSB1561 File No.

918 Commissioner of Education.

5 July 1, 2025 10-76d(d) July 1, 2025 Sec.

6 July 1, 2025 New section Sec.

12 July 1, 2025 New section July 1, 2025 Sec.

13 July 1, 2025 10-285a(l) Sec.

22 July 1, 2025 New section Sec.LCO 55 of 56 Substitute Bill No.

1561 Sec.

26 from passage New section July 1, 2025 Sec.

27 July 1, 2025 New section Sec.

29 July 1, 2025 2-137(n) sSB1561Sec. / File No.

918 55 sSB1561 File No.

918 Sec.

40 July 1, 2025 10-76h(d)(1) July 1, 2025 Sec.

41 July 1, 2025 10-76b(a) Sec.

51 July 1, 2025 New section StatementSED ofJoint LegislativeFavorable Commissioners:Subst.

SectionsED 1Joint andFavorable 40,LCO sections56 5of and56 19 and sections 43 and 48 were combined and the remaining sections and internal references were updated accordingly for proper form;

in Section 2, "information relating to" was added for clarity;

in Sections 16 and 17, "private provider of special education and related services, as defined in section 10-91g of the general statutes," was changed to "private provider of special education services, as defined in section 10-91g of the general statutes, approved by the Commissioner of Education pursuant to section 10-76d of the general statutes, as amended by this act," for consistency;

and in Section 20(b)(4), "during such period of noncompliance" was added for clarity.

SED Joint Favorable Subst.

sSB1561 / File No.

918 56 sSB1561 File No.

918 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 26 $ FY 27 $ Education, Dept.

GF - Cost At Least At Least million 191.2 million Department of Transportation TF - Cost Up to 1 Up to million 250,000 Resources of the General Fund GF - Potential See Below See Below Revenue Gain Department of Emergency Applicant Minimal Minimal Services and Public Protection Fingerprint Card Submission Account - Potential Revenue Gain Policy & Mgmt., Off.

GF - Potential See Below See Below Cost Children & Families, Dept.

GF - Potential See Below See Below Cost State Comptroller - Fringe GF - Cost 156,700 176,600 Benefits1 Treasurer, Debt Serv.

GF - Cost See Below See Below Department of Motor Vehicles TF - Revenue None See Below Gain/Cost Policy & Mgmt., Off.

GF - Cost 740,800 235,800 Policy & Mgmt., Off.

TF - Cost 50 million 50 million Policy & Mgmt., Off.

Special Education None See Below Support Account (non-lapsing GF) - Revenue Gain Department of Emergency GF - Potential Minimal Minimal Services and Public Protection Cost Note:

GF=General Fund;

TF=Transportation Fund 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 40.71% of payroll in FY 26.

sSB1561 / File No.

918 57 sSB1561 File No.

918 Municipal Impact:

Municipalities Effect FY 26 $ FY 27 $ Various Municipal Police Potential Minimal Minimal Departments Revenue Gain Various Municipalities Revenue See Below See Below Gain Local and Regional Boards of Revenue 190.7 million 190.7 million Education Gain Local and Regional Boards of STATE See Below See Below Education MANDATE 2 - Cost Local and Regional Boards of See Below See Below See Below Education Explanation The bill establishes a special education tuition and fee rate schedule, creates various new grants, and makes other changes relating to special education, resulting in the fiscal impacts described by section below.

The bill's cost to the General Fund is at least $193 million in FY 26 and $191.6 million in FY 27, with an additional cost to the Special Transportation Fund of up to $51 million in FY 26 and $50.3 million in FY 27.

Section 1 expands eligibility, up to age eight, for children to receive certain special education services.

This results in a potential cost to local and regional boards of education (BOEs) and the Department of Children and Families (DCF) beginning in FY 26 to the extent that students with developmental delays who would have aged out of special education at age five continue to require services for another three years, and would not have qualified otherwise for special 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.

3Per statute, DCF is responsible for 100% of the reasonable education costs for any child having no identified responsible school board (a "no-nexus" child), when such child is placed under an order of temporary custody and remains longer than one year without being committed to DCF.

The agency is also financially responsible for DCF- placedno-nexuschildrenreceiving specialeducationat privateresidentialinstitutions.

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918 education.

This is a mandate to BOEs.

Sections 2 – 4, regarding special education charges and a rate schedule, result in an annual cost of approximately $235,800 beginning in FY 26 to the Office of Policy and Management (OPM) for two additional staff and an annual cost of approximately $97,200 to the Office of the State Comptroller (OSC) for corresponding fringe benefits.

There are additional one-time costs to OPM in FY 26 of approximately $5,000 for training and supplies for the additional staff and $250,000 for a consultant.

The two additional staff will be responsible for (1) collecting and analyzing tuition, rates, and other fees for the State Department of Education (SDE), (2) annually reviewing the rate schedule established, and(3)reviewing requeststo increase amountsby charging entities.The consultant will be responsible for establishing a rate schedule for various services outlined in the bill and developing a list of special education programs as required by Section 18 of the bill.

Section 4 also prohibits increases in the amount charged by certain entities for special education costs during FY 26 unless such increases are approved by OPM.

This section results in a potential savings to BOEs in FY 26, to the extent that cost increases otherwise would have occurred.

Section 5 prevents BOEs from receiving the Excess Cost grant or the special education offset grant (see Section 8) for costs related to placements at nonapproved private facilities, unless the placement is required by a hearing officer or court order, beginning in FY 26.

Any BOE that places a student in a nonapproved private facility due to a planning and placement team (PPT) decision will be ineligible, and they will experience a revenue loss equal to the Excess Cost grant revenue that otherwise would have been received for such student.

To the extent this occurs, there is a redistribution of Excess Cost grant funding among districts.

There is also a savings to SDE, as the section reduces the cost of the special education offset grant by precluding certain students from sSB1561 / File No.

918 59 sSB1561 File No.

918 being counted in the grant calculation.

There is no fiscal impact to OPM as they have the resources necessary to approve agreements and contracts.

Section 6 requires the special education rate schedule that OPM must establish pursuant to the bill to be used to determine the reasonable cost ofspecialeducationservices,beginninginFY27.TotheextentthatOPM sets rates that are lower than those that local and regional school districts currently pay for special education services (whether to a private provider or to a magnet or charter school operator), there is a savings to BOEs.

Such savings will vary based on the difference between:

(1) the rates currently paid by local and regional school districts;

and (2) the rates that OPM sets.

Section 7 may redistribute Excess Cost grant revenue among local and regional school districts, beginning in FY 26.

The section increases the Excess Cost reimbursement to local and regional school districts for students who were previously outplaced and then brought back into a district.

The increased reimbursement applies to the first two years that a student returns to a district from an outplacement.

The level of Excess Cost redistribution among school districts depends on the extent and timing of students brought back into a district, along with cost-related factors and a district's net current expenditures per pupil.

Section 8 establishes a new special education offset grant based on the ECS formula.

The grant results in a cost to SDE, and a corresponding revenue gain to BOEs, of approximately $190.7 million in FY 26 and annually thereafter.

The total cost to fully fund the grant as the bill requires is dependent on each town's number of special education students, the ECS foundation amount (currently $11,525), and each town's ECS state aid percentage (i.e., base aid ratio).

The cost to SDE and the revenue gains to each BOE will change annually as the grant formula data are updated yearly.

4Section 5 would also reduce the cost of fully funding the Excess Cost grant;

however, the grant is capped.

sSB1561 / File No.

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918 This section additionally establishes a minimum budget requirement for special education beginning in FY 26, specific to the special education offset grant.

This provision requires each BOE to increase their special education budget by the amount of an increase in the special education offset grant.

Sections 9 and 10 appropriate $50 million annually from the Special Transportation Fund for a special education transportation grant program administered by OPM.

This results in an annual cost of $50 million to OPM beginning in FY 26 for the grant and a corresponding revenue gain to local or regional boards of education.

The sections permit OPM to request any additional information deemed necessary to administer the grant program.

This may result in a potential cost to OPM for additional staff that is dependent on what information is requested.

Section 11 requires the Department of Transportation (DOT) to develop recommended coordinated bus routes for all special education student outplacements in the state.

This requirement is expected to cost up to $1 million in FY 26 and up to $250,000 in FY 27 and annually thereafter for DOT to hire a consultant to develop the recommended routes (FY 26 cost) and to monitor and revise those recommendations as needed (FY 27 and out year costs).

The actual costs will depend on data that can be provided by BOEs to DOT, as outlined in the bill.

The department does not have existing staff or expertise in school transportation and route planning, nor does the department do route planning directly for the public transportation systems it manages (this function is contracted for).

The section requires BOEs to provide data for coordinated bus routes to DOT in order to be eligible for the special education transportation grant.

The coordinated bus routes may result in a savings to various BOEs beginning in FY 27.

Section 12 requires SDE to establish a new competitive special education grant, starting in FY 27, for:

(1) costs related to creating or expanding in-district or regional programming for students who are sSB1561 / File No.

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918 currently placed out-of-district;

and (2) early interventions for students with dyslexia or multilingual learners.

This results in a cost to SDE beginning in FY 27 based on the funding level of the grant, which is not prescribed by the bill.

Any revenue gain to BOEs would depend on the funding and provisions of the grant program.

The bill specifies that priority will be given to Alliance Districts.

Sections 13 – 15 alter the school construction reimbursement program by:

(1) increasing school construction reimbursement rates by percentage points, not to exceed 100 percent, for portions of projects related to expansion or creation of in-district special education programming and services, (2) making minor capital repairs related to special education eligible for the non-priority component of the school constructionreimbursementprogram,and(3)requiringtheDepartment of Administrative Services (DAS) to develop criteria to prioritize special education non-priority projects and notify all districts of the eligibility the same.

The sections are anticipated to increase school construction project costs and overall reimbursement levels, which in turn would increase both bond-funded state spending and municipal revenue gain.

The impact of changes to costs for future projects on the school construction priority list will be reflected when such projects are considered by the legislature in the future.

Additional reimbursements under the non-priority list portion of the program are dependent on both eligibility and prioritization criteria developed by DAS and future municipal decisions regarding such projects.

The school construction project reimbursement program is funded through General Obligation (GO) bond funds.

Increased state spending under the school construction program will result in commensurate changes in General Fund debt service costs to the degree that it causes GObondfundstobeexpendedmorequicklythantheywouldotherwise be spent.

The bill does not change GO bond authorizations relevant to the program.

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918 Section 16 requires special education service providers (including BOEs, magnet schools, and charter schools) to refund a sending district if a student moves out of the program mid-year, beginning in FY 26.

Thisresultsinarevenuegaintosendingtownsequivalenttotheamount refunded, which is prorated.

There is a corresponding cost to BOEs that are required to provide refunds as a result of the bill.

Section 17 makes a clarifying change, which has no fiscal impact.

Section 18 requires OPM to develop a list of certain special education programs and update it annually.

This list is required to be posted on theSDEpublic database.

There is a cost to OPM inFY 26for a consultant to develop the list.

This cost of $250,000 is referenced in Sections 2 – 4.

There is no fiscal impact to SDE;

it is anticipated SDE can post the list with existing resources.

Section 19 results in a one-time cost of $250,000 in FY 26 to OPM for a consultant.

The consultant willberesponsiblefordevelopinglicensure standards for private special education providers in the state and, by January 1, 2026, submitting legislative recommendations to implement such standards.

The section also results in a potential revenue gain to the General Fund associated with licensure fees, which must be set at $5,000, and renewal fees, which must be set at $1,500.

Any revenue gain will be dependent on the number of licensure fees and renewal fees.

There are currently 88 private special education providers approved by SDE.

Section 20 expands an existing requirement for SDE to conduct annual onsite visits of special education programs.

SDE currently conducts onsite visits for special education programs in school districts and private providers;

the bill expands this requirement to Regional Educational Service Centers (RESCs) and requires the visits to be unannounced, and SDE must provide corrective actions when necessary.

There are currently 25 RESC special education programs.

This results in an annual cost to SDE of $131,000 beginning in FY 28 to hire one full-time education consultant to complete the additional sSB1561 / File No.

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918 required visits.

The associated fringe benefits cost is $53,300 to OSC in FY 28 and annually thereafter.

The section also requires RESC and private special education providers to submit proof of compliance with any corrective actions prescribed by SDE.

Any RESC or private provider that fails to submit proof by the deadline will be fined up to $100 for each day of noncompliance.

This results in a potential revenue gain to the General Fund through SDE, and a corresponding cost to RESCs, dependent on:

(1) the number of days a provider is in noncompliance;

and (2) the daily fine.

Section 21 requires certain private special education providers to submit to fingerprint-based state criminal history records checks, resulting in:

(1) a minimal potential cost to the Department of Emergency Services and Public Protection (DESPP), (2) a potential revenue gain to the General Fund, and (3) a potential revenue gain to the Applicant Fingerprint Card Submission Account and various municipal police departments in FY 26 and FY 27, and in the out years.

The potential cost to DESPP will depend on the extent to which the volume of new applicants for state criminal history checks increases department workload and impacts overtime.

It is unknown how many employers already require such applicants to submit to such checks as a condition of employment.

The potential number of additional child abuse registry checks requiring DCF staff review is not anticipated to be great enough to necessitate additional resources.

The department processes over 210,000 child abuse registry checks annually.

DCF does not charge a fee for a registry check.

5DESPP conducts state criminal history records checks for a fee of $75.

The revenue that is collected from this fee is deposited into the General Fund.

6DESPP conducts fingerprinting for a fee of $15 fee per person paid to the Applicant Fingerprint Card Submission Account.

Municipal police departments may also conduct the required fingerprinting for state criminal history records checks and typically charge a fee of $10 to $15.

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918 Sections 22 - 23 make technical, clarifying, and procedural changes, which have no fiscal impact.

Section 24 requires SDE to establish a model contract for placing a student with a private provider of special education.

This has no fiscal impact as SDE has the necessary expertise to meet the requirement.

Section 25 requires SDE to develop certain guidance and resources for BOEs and families regarding residential placements and inclusion.

This results in a one-time cost to SDE in FY 26 of $50,000 to contract with the State Education Resource Center (SERC) or a RESC to complete this task.

Section 26 requires BOEs to collect and report specific information about special education placements to SDE, which SDE must disaggregate and report on CT-SEDS (state special education data system).

To the extent that BOEs do not currently collect all necessary data, there is a potential minimal cost to BOEs for data collection and reporting.Thereisaone-timedevelopmentcosttoSDEofupto$500,000 in FY 26 to modify the CT-SEDS system for data collection and integration.

Section 27 has no fiscal impact.

It expands the assessment that BOEs must provide before placing a student out of district and requires SDE to establish guidance.

It is anticipated BOEs and SDE can meet these requirements with existing resources.

Section 28 makes a clarifying change which has no fiscal impact.

Section 29 requires the Transforming Children's Behavioral Health Policy and Planning Committee to submit a report regarding behavioral health issues for students receiving special education, resulting in no fiscal impact to the state because the committee has the resources and expertise to meet the requirements of the bill.

Sections 30 and 38 expand the responsibilities of the Building Educational Responsibility with Greater Improvement Networks Commission.

This has no fiscal impact, as the commission has sufficient sSB1561 / File No.

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918 expertise to meet the requirements.

Section 31 requires SDE to develop a special education family guide.

This has no fiscal impact as SDE has completed a guide.

Section 32 requires SDE to establish a new special education training, education, and testing competitive grant program for training for special education educators and paraeducators, beginning in FY 27.

The cost to SDE depends on the funding provided and provisions of the grant program.

Several types of training – including tuition and fees for certain teacher preparation programs – are eligible.

The SDE cost may partially offset in the out years by repayments received from former recipients who do not complete three years of employment in an Alliance District school.

Section 33 results in a one-time cost to SDE of $100,000 in FY 26 to hire a consultant to study the availability and comparability of paraeducator examinations offered in non-English languages.

Section 34 expands the responsibilities of the Connecticut Educator Preparation and Certification Board.

This has no fiscal impact, as the board has sufficient expertise to meet the requirements.

Section 35 expands the responsibilities of the School Paraeducator Advisory Council.

This has no fiscal impact, as the council has sufficient expertise to meet the requirements of the bill.

Section 36 results in a one-time cost to SDE of $200,000 in FY 26 to hire a consultant to develop a comprehensive report on the CT-SEDS system by September 1, 2025.

Section 37 results in a one-time cost to SDE of $250,000 in FY 26 to hire a consultant to develop a state-wide special education workload analysis model by January 1, 2026.

Sections 39 – 41 (1) give the party that filed for unilateral placement (the parent, guardian, or child) the burden of proving such placement is appropriate and outline procedures for a hearing;

and (2) require a sSB1561 / File No.

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918 hearing officer to consider in-district services before those provided by a charging entity when making a special education placement decision.

This results in a potential savings to BOEs beginning in FY 26, dependent on the cost differential between the placement made by a hearing officer and the placement that would have been made absent these provisions.

Section 42 has no fiscal impact.

It requires SDE to remove certain information from the individualized education program (IEP) form, which SDE can do with existing resources.

Section 43 requires SDE to make specific data regarding special educationavailableonitswebsite.Thisresultsinanannualcost,starting in FY 26, of $50,000 for an IT contractor to collect new student-level data and report it on SDE's website.

Section 44 has no fiscal impact.

It requires SDE to submit a report regarding dyslexia evaluations and interventions.

It is anticipated SDE has the necessary expertise to complete the report.

Section 45 establishes a "special education support" license plate and an associated fee of $60 (in addition to regular registration fees), of which $15 is deposited to the Department of Motor Vehicles (DMV) within the STF and $45 is deposited to the "special education support account" within the GF, beginning in FY 27.

The "special education support account",newly establishedunder the bill,isto beadministered by OPM to provide funding for the special education offset grant pursuant to Section 8 of the bill.

The bill also allows OPM to receive private donations for this account.

To the extent that these plates are requested, the bill results in revenue gain to the "special education support account" and DMV, along with associated costs for DMV.

The portion of the license plate fee allocated to DMV is expected to cover the agency's costs for producing such plates.

7Section 8 requires the special education offset grant to be paid by SDE.

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918 Section 46 makes conforming changes, which have no fiscal impact.

Section 47 requires the Board of Regents for Higher Education (BOR) to continue offering certain transitional and remedial programs during the 2025-26 academic year, which has no fiscal impact.

In FY 25, approximately $10.2 million was appropriated to BOR for developmental services to support such programs.

Section 48 establishes the Office of the Educational Ombudsperson within SDE for administrative purposes only.

It is anticipated that SDE will hire two people to fulfill this requirement:

(1) one person to serve as the Educational Ombudsperson;

and (2) an Administrative Assistant to staff the office.

This results in an estimated cost to SDE of $146,300 in FY 26 (partial year cost) and $195,000 in FY 27, and fringe benefit costs of $59,500 in FY 26 (partial year cost) and $79,400 in FY 27.

Section 49 requires BOEs to designate or hire an instructional support teacher in each school.

The instructional support teacher must use 50% of their time in FY 27, 75% in FY 28, and 100% in FY 29 performing specific responsibilities.

This results in a cost to BOEs starting as early as FY 27, with full implementation in FY 29, to hire one staff member in each school to be the designated instructional support teacher, for all schools that currently lack such a person.

Costs will be highest for BOEs with many schools that do not currently have these personnel.

The cost per instructional support teacher is likely to range from $100,000 to $175,000 but will vary based on experience and fringe benefit costs.

Section 50 results in an annual cost, starting in FY 27, to SDE of $250,000 to contract with SERC or a RESC to conduct quarterly trainings for instructional support teachers.

Section 51 requires SDE to establish a new grant program for BOEs to provide support services for special education students who have The estimated annual salary for the Ombudsperson is $131,000 with $53,300 in associated fringe benefits.

The estimated annual salary for an Administrative Assistant is $64,000 with $26,100 in associated fringe benefits.

sSB1561 / File No.

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918 experienced trauma or have behavioral health needs, beginning in FY 26.

The cost to SDE, and corresponding revenue to BOEs, depends on the funding provided and provisions of the grant program.

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

(1) inflation;

(2) special education student enrollment;

(3) changes to certain aspects of the ECS formula;

(4) the number of special education plates requested;

and (5) the terms of any bonds issued.

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918 69 sSB1561 File No.

918 OLR Bill Analysis sSB 1561 AN ACT CONCERNING RESOURCES FOR SPECIAL EDUCATION.

TABLE OF CONTENTS:

SUMMARY § 1 — DEFINITION OF “CHILD REQUIRING SPECIAL EDUCATION” AND OTHER TERMS Allows children with developmental delays to qualify for special education through age eight without falling under a specific disability category and defines certain terms § 2 — ANALYSIS OF SPECIAL EDUCATION COSTS Requires OPM, in consultation with SDE and OCA, to collect and analyze the tuition, rates, and other fees for special education charged to school boards, including how operating expenses are incorporated into these charges §§ 3 & 46 — ESTABLISHING A RATE SCHEDULE FOR DIRECT SPECIAL EDUCATION SERVICES AND REQUIRING PRIVATE CONTRACTS TO CONFORM TO THE SCHEDULE Requires OPM, in consultation with SDE, to set a schedule for the rates that charging entities can charge to schoolboards for direct special educationservices;

requires SDE tonotify school boards of new rate schedules for each year;

requires, beginning July 1, 2026, any contract between a school board and a private special education provider to conform with the rate schedule;

requires the education commissioner to revoke the approval of any private provider that fails to charge for services according to the rate schedule § 4 — PROHIBITION ON INCREASING CHARGE FOR SERVICES DURING THE 2025-26 SCHOOL YEAR Generally prohibits a charging entity from increasing its costs to a school board for special education services during the 2025-26 school year;

permits the OPM secretary to grant an increase during the year if certain conditions are met § 5 — PRIVATE SPECIAL EDUCATION PROVIDER CONTRACT APPROVALS Requires OPM approval for private special education provider contracts with school boards;

requires school boards to show how private services are more appropriate for the child than any public school services;

authorizes placements in nonapproved facilities under certain conditions and specifies when these placements are eligible for state reimbursement § 6 — DEFINING REASONABLE COSTS FOR SPECIAL EDUCATION SERVICES Provides that, beginning July 1, 2026, “reasonable costs” for special education services are the permitted charges under the rate schedule the bill creates;

beginning July 1,2025, prohibits sSB1561 / File No.

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918 the presumption that “reasonable costs” are the actual cost incurred by special education providers § 7 — EXCESS COST GRANT Lowers the state grant reimbursement threshold for students who were formerly outplaced and are now receiving special education services in-district § 8 — SPECIAL EDUCATION OFFSET GRANT Entitles each school board to a new special education offset grant the bill creates;

imposes restrictions on how the funds must be used;

creates a penalty for improper use;

requires school boards to annually report on how grant funds are spent §§ 9 & 10 — SPECIAL EDUCATION TRANSPORTATION GRANT PROGRAM Establishes a grant program to reimburse school boards for special education transportation costs and appropriates $50 million from the STF in each of FYs 26 & 27 for the program § 11 — DOT COORDINATION OF SPECIAL EDUCATION OUTPLACEMENT BUS ROUTES Charges DOT with developing recommended coordinated bus routes for all special education students traveling to and from special education outplacements in the state § 12 — NEW COMPETITIVE GRANT TO SUPPORT IN-DISTRICT OR REGIONAL SPECIAL EDUCATION PROGRAMS Starting in FY 27, creates a new competitive grant program to support in-district and regional special education programs;

allows school boards to use funds to, among other things, improve existing in-district programs or create new in-district or regional programs for students currently enrolled with private special education providers §§ 13-15 — SCHOOL CONSTRUCTION GRANTS FOR SPECIAL EDUCATION SPACE Establishes a new 15 percentage-point-reimbursement rate bonus for certain school construction projects that expand or create in-district special education programs;

allows non- priority list school construction grants for minor capital improvements to portions of qualifying existing schools that will be used for special education;

requires DAS to notify school boards about the non-priority list grants § 16 — RETURNING FUNDS TO FINANCIALLY RESPONSIBLE DISTRICT FOR TRANSFERS BACK Requires a special education service provider to return a prorated portion of funds to the financially responsible school board when a student leaves the provider’s program and returns to a school under that board or another board § 17 — PLANNING AND PLACEMENT TEAM TRANSITION MEETING Requires a student’s PPT to meet before the student transitions out of, or withdraws from, a special education program to ensure the student continues receiving the services in his or her IEP § 18 — CREATION OF SPECIAL EDUCATION PROGRAMS LIST Requires OPM to create, and annually update, a list of certain special education programs throughout the state, to be posted on SDE’s public database sSB1561 / File No.

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918 § 19 — LICENSURE STANDARDS FOR PRIVATE SPECIAL EDUCATION PROVIDERS Requires OPM to develop licensure standards for private special education providers and submit them to the Education Committee by January 1, 2026 § 20 — UNANNOUNCED ON-SITE VISITS OF SPECIAL EDUCATION PROVIDERS Requires SDE to do unannounced on-site visits of RESCs and private special education providers;

the education commissioner must notify the providers of the site visit findings and any required corrective actions;

providers must show proof of compliance within 30 days after receiving the finding;

a school board will be fined up to $100 a day for each day of noncompliance;

SDE must notify school boards of the findings and necessary compliance proof § 21 — CRIMINAL BACKGROUND CHECKS FOR PRIVATE PROVIDER EMPLOYEES Requires private special education providers to do employee and prospective employee criminal background checks and take related steps § 22 — STAFFING CHANGES NOTIFICATION Requires RESCs and private special education providers to notify parents or legal guardians, school boards, and SDE of certain special education staffing changes § 23 — TRANSFERRING OUT-OF-DISTRICT SPECIAL EDUCATION STUDENTS Prohibits entities from further transferring out-of-district special education students except in certain circumstances § 24 — MODEL CONTRACT FOR THE PLACEMENT OF A STUDENT WITH A PRIVATE SPECIAL EDUCATION PROVIDER Requires SDE to establish a model contract to place a student with an approved private special education provider;

requires SDE to make the model contract available to school boards by July 1, 2026 § 25 — ADDITIONS TO SDE’S SPECIAL EDUCATION DATA SYSTEM Requires SDE, in consultation with OCA, to post information on residential facility placements and school inclusion relating to special education students on SDE’s data system § 26 — REPORT ON SPECIAL EDUCATION STUDENT PLACEMENTS Requires local and regional BOEs to annually report on information related to special education student placements where the board is paying any portion of the cost § 27 — FUNCTIONAL BEHAVIOR ASSESSMENTS BEFORE OUT-OF- DISTRICT PLACEMENT Generally requires local and regional BOEs to do a functional behavior assessment and develop or update a behavioral intervention plan before placing a student out of-district § 28 — IEP BEHAVIORAL GOALS Requires IEPs to specify services to help a child achieve a listed behavioral goal sSB1561 / File No.

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918 § 29 — REPORT ON BEHAVIORAL HEALTH ISSUES AFFECTING SPECIAL EDUCATION STUDENTS Requires the Transforming Children’s Behavioral Health Policy and Planning Committee to submit a report to the Education Committee on behavioral health issues affecting special education students § 30 — BUILDING EDUCATIONAL RESPONSIBILITY WITH GREATER IMPROVEMENT NETWORKS COMMISSION Creates new study requirements for the BERGIN Commission related to special education;

generally extends the commission’s end date to July 1, 2030 § 31 — SPECIAL EDUCATION FAMILY GUIDE RequiresSDE,inconsultationwiththeConnecticutParentAdvocacyCenter,todevelopaguide to help families understand special education laws and processes § 32 — SPECIAL EDUCATION TRAINING, EDUCATION AND TESTING COMPETITIVE GRANT PROGRAM Establishes, and requires SDE to annually administer, the special education training, education, and testing competitive grant program to give grants to educators and paraeducators who commit to working in an alliance district school for three years § 33 — NON-ENGLISH PARAEDUCATOR EXAMINATION STUDY Requires SDE to do a study on the availability of paraeducator examinations offered in a non- English language § 34 — REVIEW OF THE PREPARATION AND CERTIFICATION REQUIREMENTS FOR A COMPREHENSIVE SPECIAL EDUCATION ENDORSEMENT Requires the Connecticut Educator Preparation and Certification Board to review, and make recommendations as needed on, the preparation and certification requirements for individuals seeking or holding a comprehensive special education endorsement § 35 — REVIEW OF THE PREPARATION AND EXAMINATION REQUIREMENTS FOR SPECIAL EDUCATION PARAEDUCATORS Requires the School Paraeducator Advisory Council to review, and make recommendations as needed on, the preparation and examination requirements for paraeducators who assist in delivering special education and related services § 36 — SDE REPORT ON CT-SEDS Requires SDE to develop a report on the functions of CT-SEDS and submit it to the BERGIN Commission and Education Committee by September 1, 2025 §§ 37 & 38 — SPECIAL EDUCATION WORKLOAD ANALYSIS MODEL Requires SDE to develop a proposed statewide special education workload analysis model for teachers and school service providers and submit it to the BERGIN Commission and Appropriations and Education committees by January 1, 2026;

requires the BERGIN Commission to develop recommendations for implementing it §§ 39-41 — DUE PROCESS HEARINGS Makes several changes on due process hearings, including (1) generally requiring all claims to be disclosed prior to the start of the hearing, (2) shifting the burden of proof in unilateral placement cases, (3) requiring hearing officers to weigh all evaluations equally, (4) generally limiting hearings to three days’ duration, and (5) limiting hearing officers’ discretion by sSB1561 / File No.

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918 requiring the consideration of certain placement options and establishing a preference for certain service providers § 42 — CHANGES TO THE IEP FORM Requires SDE to remove certain components from the state’s IEP form § 43 — SPECIAL EDUCATION AND EXCESS COST GRANT PROJECTIONS DATA REPORTING Requires SDE to (1) annually make certain disaggregated, student-level, and statewide data available on its website and (2) annually submit excess cost grant projections to the Appropriations and Education committees and the Office of Fiscal Analysis, on January 30 and March 30 § 44 — DYSLEXIA REPORT Requires SDE to report to the Education Committee on recent developments and best practices on dyslexia evaluations and interventions § 45 — SPECIAL EDUCATION SUPPORT LICENSE PLATES Requires DMV to establish a special education support license plate to support special education students, families, and educators in the state and fund the special education offset grant the bill establishes § 47 — TRANSITIONAL COLLEGE READINESS AND REMEDIAL SUPPORT PROGRAM OFFERINGS AT HIGHER EDUCATION INSTITUTIONS Requires the Board of Regents for Higher Education to continue offering transitional college readiness, embedded remedial support, and intensive remedial support programs at the state’s public higher education institutions § 48 — OFFICE OF THE EDUCATIONAL OMBUDSPERSON Establishes the Office of the Educational Ombudsperson to serve students and families from early childhood to adult education;

places the office under the direction of a commissioner- appointed ombudsperson and requires the office, among other duties, to receive, review, and attempt to resolve any complaints from students and their families §§ 49 & 50 — INSTRUCTIONAL SUPPORT TEACHERS Requires school boards to hire or designate an instructional support teacher in every school beginning in the 2026-27 school year;

gives instructional support teachers various responsibilities to support teaching staff and students with disabilities and specifies how much time they must spend performing this position’s duties;

requires SDE to provide quarterly instructional support teacher trainings § 51 — BEHAVIORAL HEALTH SUPPORT SERVICES GRANT PROGRAM Requires SDE to establish a grant program to help school boards provide support services for special education students that have experienced trauma or have behavioral health needs BACKGROUND SUMMARY sSB1561 / File No.

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918 This bill makes numerous changes to special education law and funding.

A section-by-section analysis follows.

EFFECTIVE DATE:

July 1, 2025, unless otherwise noted below.

§ 1 — DEFINITION OF “CHILD REQUIRING SPECIAL EDUCATION” AND OTHER TERMS Allows children with developmental delays to qualify for special education through age eight without falling under a specific disability category and defines certain terms The bill allows children with developmental delays to qualify for special education through age eight without falling under a specific disability category under the federal Individuals with Disabilities Education Act (IDEA).

Under current law, a “child requiring special education” includes children age three through five that are experiencing a developmental delay;

the bill increases the maximum age to eight.

By law, a developmental delay means a significant delay in physical, communication, cognitive, social-emotional, or adaptive development measured by appropriate diagnostic methods.

The IDEA requires states to provide special education to qualifying students that fall within specified disability categories (see Background — IDEA).

It also allows states, at their discretion, to include three- through nine-year-olds (or any subset of the age range) with developmental delays in their definition of children requiring special education (20 U.S.C.

§ 1401 (3)(B)).

States that do so agree to provide a free appropriate public education (FAPE) to these students and comply with the IDEA’s requirements and can count these students as children with a disability for the purpose of determining IDEA grants.

The bill also defines other terms explained below in context.

Background — IDEA The IDEA is the main federal law governing special education (20 U.S.C.

§ 1400 et seq.;

34 C.F.R.

§ 300.1 et seq.).

It authorizes grants to states and school districts and attaches a series of conditions to funding, which states agree to adhere to by accepting funding.

The IDEA sSB1561 / File No.

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918 guarantees students with qualifying disabilities the right to a FAPE tailored to their unique needs and implemented under a planning document called an Individualized Education Program (IEP).

It also requiresschooldistrictstoidentifyandevaluatestudentswhomayneed special education, educate students with disabilities with their nondisabled peers as much as possible, and follow certain procedural safeguards, among other things.

The IDEA’s definition of disability is categorical and education- specific.

To be a “child with a disability” under the IDEA (and so qualify forspecialeducationservices),achildmust(1)haveadisabilitythatfalls under one of the listed categories and (2) need special education and related services because of it.

The categories are:

autism, deaf-blindness, hearing impairment (including deafness), intellectual disability, developmental delay (for certain ages), orthopedic impairment, serious emotional disturbance, specific learning disability, speech or language impairment, traumatic brain injury, vision impairment, multiple disabilities, and other health impairment (20 U.S.C.

§ 1401 (3);

34 C.F.R.

§ 300.8(c)).

§ 2 — ANALYSIS OF SPECIAL EDUCATION COSTS Requires OPM, in consultation with SDE and OCA, to collect and analyze the tuition, rates, and other fees for special education charged to school boards, including how operating expenses are incorporated into these charges The bill requires the Office of Policy and Management (OPM), in consultation with the state Department of Education (SDE) and the Child Advocate (OCA), to collect and analyze the tuition, rates, and other fees for special education and related services (“special education services”) charged to local and regional boards of education (“school boards”) by a charging entity.

The bill defines charging entity as an approved private provider of special education services, a regional educational service center (RESC), a magnet school operator, a state charter school, an educational cooperative agreement, a school board operating an outplacement program, or a special education transportationservicesprovider,oraspartoftheOpenChoiceProgram.

In analyzing the tuition, rates, and other fees, OPM must examine the sSB1561 / File No.

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918 charging entities’ operating expenses and determine how they are incorporating these expenses into the tuition, rates, and fees.

The office and department must determine what data will be collected and how often it will be collected.

As part of collecting and analyzing this information, OPM may request the Auditors of Public Accounts (APA) to share any findings resulting from APA audits.

By law, the APA acts as an agent of a school boardforthepurposeofconductinganaudit toexaminetherecordsand accounts of any private provider of special education services under contract with the board or receiving public funds (CGS § 10-91g).

EFFECTIVE DATE:

Upon passage for the cost analysis §§ 3 & 46 — ESTABLISHING A RATE SCHEDULE FOR DIRECT SPECIAL EDUCATION SERVICES AND REQUIRING PRIVATE CONTRACTS TO CONFORM TO THE SCHEDULE Requires OPM, in consultation with SDE, to set a schedule for the rates that charging entities can charge to school boards for direct special education services;

requires SDE to notify school boards of new rate schedules for each year;

requires, beginning July 1, 2026, any contract between a school board and a private special education provider to conform with the rate schedule;

requires the education commissioner to revoke the approval of any private provider that fails to charge for services according to the rate schedule The bill requires OPM, in consultation with SDE, to set a rate schedule fordirectservicesthatachargingentityprovidesunderanIEP, including speech, behavioral and occupational therapies.

The rate schedule must be developed using the information collected under the bill (see § 2).

The schedule must include an individualized rate for each direct service provided under an IEP, including speech, behavioral and occupational therapies, and standards for how a charging entity can include its operating expenses into the costs for services charged to a school board.

OPM, in consultation with the department, must at least biennially review the rate schedule and modify it as necessary.

Under the bill, a charging entity can only charge a school board an amount for direct services under an IEP that matches the OPM rate schedule.

(It is not clear how this will be implemented in situations where there is an existing services contract with fees that do not match the new rate schedule.) Any amount charged to and paid by a school sSB1561 / File No.

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918 board for direct services over the rate schedule amount is ineligible for an excess cost grant reimbursement or the bill’s new special education offset grant (see § 8).

Additionally, if a charging entity’s charges are higher than the rate schedule amounts, it cannot accept any more students from school boards until the its charges comply with the schedule.

Underthebill,SDEmustnotifyeachschoolboardoftherateschedule for the following school year before July 1.

If the rate schedule is modified, an updated notification must be given within 30 days of the modification.

SDE must post on its website the current rate schedule and the one that will go into effect on July 1 of the following school year.

Private Provider Contracts Must Conform to New Rate Schedule (§ 46) Under the bill, any contract entered into or amended between a school board and a private special education provider on or after July 1, 2026, must conform with the rate schedule in the bill.