Sec. 10-76g. State aid for special education.
Sec. 10-76g. State aid for special education. (a)(1) For the fiscal year ending June
30, 1984, and each fiscal year thereafter, in any case in which special education is being
provided at a private residential institution, including the residential components of
regional educational service centers, to a child for whom no local or regional board of
education can be found responsible under subsection (b) of section 10-76d, the Department of Children and Families shall pay the costs of special education to such institution
pursuant to its authority under sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-50,
inclusive, and 17a-52. (2) For the fiscal year ending June 30, 1993, and each fiscal year
thereafter, any local or regional board of education which provides special education
and related services for any child (A) who is placed by a public agency, including, but
not limited to, offices of a government of a federally recognized Native American tribe,
in a private residential facility or who is placed in a facility or institution operated by
the Department of Children and Families and who receives such special education at a
program operated by a regional education service center or program operated by a local
or regional board of education, and (B) for whom no local or regional board of education
can be found responsible under subsection (b) of section 10-76d, shall be eligible to
receive one hundred per cent of the reasonable costs of special education for such child
as defined in the regulations of the State Board of Education. Any such board eligible
for payment shall file with the Department of Education, in such manner as prescribed
by the Commissioner of Education, annually, on or before December first a statement
of the cost of providing special education for such child, provided a board of education
may submit, not later than March first, claims for additional children or costs not included
in the December filing. Payment by the state for such costs shall be made to the local
or regional board of education as follows: Seventy-five per cent of the cost in February
and the balance in May.
(b) Any local or regional board of education which provides special education pursuant to the provisions of sections 10-76a to 10-76g, inclusive, for any exceptional child
described in subparagraph (A) of subdivision (5) of section 10-76a, under its jurisdiction,
excluding (1) children placed by a state agency for whom a board of education receives
payment pursuant to the provisions of subdivision (2) of subsection (e) of section 10-76d, and (2) children who require special education, who reside on state-owned or leased
property or in permanent family residences, as defined in section 17a-154, and who are
not the educational responsibility of the unified school districts established pursuant to
sections 17a-37, 17a-240 and 18-99a, shall be financially responsible for the reasonable
costs of special education instruction, as defined in the regulations of the State Board
of Education, in an amount equal to (A) for any fiscal year commencing prior to July
1, 2005, five times the average per pupil educational costs of such board of education
for the prior fiscal year, determined in accordance with the provisions of subsection (a)
of section 10-76f, and (B) for the fiscal year commencing July 1, 2005, and each fiscal
year thereafter, four and one-half times such average per pupil educational costs of such
board of education. The State Board of Education shall pay on a current basis any costs
in excess of the local or regional board's basic contribution paid by such board in accordance with the provisions of this subsection. Any amounts paid by the State Board of
Education on a current basis pursuant to this subsection shall not be reimbursable in the
subsequent year. Application for such grant shall be made by filing with the Department
of Education, in such manner as prescribed by the commissioner, annually on or before
December first a statement of the cost of providing special education pursuant to this
subsection, provided a board of education may submit, not later than March first, claims
for additional children or costs not included in the December filing. Payment by the
state for such excess costs shall be made to the local or regional board of education as
follows: Seventy-five per cent of the cost in February and the balance in May. The
amount due each town pursuant to the provisions of this subsection shall be paid to the
treasurer of each town entitled to such aid, provided the treasurer shall treat such grant,
or a portion of the grant, which relates to special education expenditures incurred in
excess of such town's board of education budgeted estimate of such expenditures, as a
reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt
by the treasurer of necessary documentation from the board of education indicating the
amount of such special education expenditures incurred in excess of such town's board
of education budgeted estimate of such expenditures.
(c) Commencing with the fiscal year ending June 30, 1996, and for each fiscal year
thereafter, within available appropriations, each town whose ratio of (1) net costs of
special education, as defined in subsection (h) of section 10-76f, for the fiscal year prior
to the year in which the grant is to be paid to (2) the product of its total need students,
as defined in section 10-262f, and the average regular program expenditures, as defined
in section 10-262f, per need student for all towns for such year exceeds the state-wide
average for all such ratios shall be eligible to receive a supplemental special education
grant. Such grant shall be equal to the product of a town's eligible excess costs and the
town's base aid ratio, as defined in section 10-262f, provided each town's grant shall
be adjusted proportionately if necessary to stay within the appropriation. Payment pursuant to this subsection shall be made in June. For purposes of this subsection, a town's
eligible excess costs are the difference between its net costs of special education and
the amount the town would have expended if it spent at the state-wide average rate.
(d) Notwithstanding the provisions of this section, for the fiscal years ending June
30, 2004, to June 30, 2007, inclusive, the amount of the grants payable to local or regional
boards of education in accordance with this section, except grants paid in accordance
with subdivision (2) of subsection (a) of this section, for the fiscal years ending June
30, 2006, and June 30, 2007, shall be reduced proportionately if the total of such grants in
such year exceeds the amount appropriated for the purposes of this section for such year.
(1967, P.A. 627, S. 8, 11; 1972, P.A. 182; P.A. 75-587, S. 1, 2; P.A. 78-218, S. 66; 78-248, S. 2; P.A. 79-128, S. 17,
36; 79-408, S. 1, 2, 5; P.A. 80-154, S. 4, 5; 80-473, S. 1, 3; P.A. 81-420, S. 1, 4; 81-432, S. 9, 11; P.A. 82-91, S. 1, 38; 82-301, S. 1, 5; P.A. 83-495, S. 1, 2; P.A. 84-385, S. 1, 3; P.A. 85-393, S. 1, 2; 85-476, S. 2, 6; P.A. 88-136, S. 5, 37; P.A.
89-355, S. 5, 20; P.A. 90-225, S. 1, 2, 10; June Sp. Sess. P.A. 91-7, S. 7, 22; P.A. 92-262, S. 12, 23, 42; P.A. 93-91, S. 1,
2; 93-133, S. 1, 3; 93-353, S. 9, 52; P.A. 95-226, S. 5, 30; P.A. 96-146, S. 6, 12; P.A. 98-252, S. 9, 80; P.A. 00-220, S. 40,
43; P.A. 01-173, S. 64, 67; June Sp. Sess. P.A. 01-1, S. 5, 54; May 9 Sp. Sess. P.A. 02-7, S. 1; P.A. 03-76, S. 1, 10; 03-174, S. 8; June 30 Sp. Sess. P.A. 03-6, S. 20, 21; P.A. 05-245, S. 13, 19.)
History: 1972 act amended Subsec. (a) to include deadlines for applications and payments and to consider private
institutions as school districts in cases where no school district is responsible for a child in the institution; P.A. 75-587
deleted former Subsecs. (b) and (c) re reimbursement for education of hearing-impaired children and exclusion of costs
incurred before July 1, 1967, for special education and inserted new Subsec. (b) concerning reimbursement to districts
where state wards have been placed in foster or group homes; P.A. 78-218 substituted "local or regional board of education"
for "school district" in Subsec. (a) and "local" for "town" school district in Subsec. (b); P.A. 78-248 made no changes;
P.A. 79-128 amended Subsec. (a) to delete reference to repealed Sec. 10-94a, to replace reimbursement percentage formula
with formula applicable only to year ending June 30, 1980, and to all 50% reimbursement for private institutions for that
year, inserted new Subsecs. (b) to (e) concerning special education grants, designated former Subsec. (b) as Subsec. (f),
making provisions applicable to fiscal year ending June 30, 1980, and allowing 50% rather than 66 2/3% reimbursement
for education costs while child placed in health care facility or institution, and added Subsec. (g) guaranteeing payments
at least equal to amount received in 1979; P.A. 79-408 excluded state-operated school districts from provisions of Subsec.
(a) and (b); P.A. 80-154 deleted reference to regional educational service centers in Subsec. (g); P.A. 80-473 substituted
"adopted" for "made" throughout section, amended Subsecs. (a) and (b) to add provisions concerning grants for excess
costs and to add one year to year dates mentioned and to increase in Subsec. (a) the percentage from 20% to 25%, deleted
Subsec. (d)(1) and renumbered remaining subdivs., and amended Subsecs. (e) and (f) to increase year dates by one year;
P.A. 81-420 delayed current funding for one year, added Subsec. (h) making districts which incur special education costs
in excess of 120% of the prior fiscal year's costs to be eligible to receive a grant for a percentage of the excess costs and
authorizing the state board of education to pay its share of the special education costs of no-nexus children on a current
basis; P.A. 81-432 repealed Subsecs. (e) and (f) re grants for fiscal years ending June 30, 1981, and June 30, 1982; P.A.
82-91 amended section to provide that school districts are to be reimbursed for costs of providing special education in
accordance with a special formula for the fiscal year ending June 30, 1983, only, that payment to the department of children
and youth services be 100% of the net cost of special education provided at private residential institutions with payment
by the department to the institutions for fiscal year ending June 30, 1983, and each fiscal year thereafter and, in Subsec.
(h), that grants to school districts incurring excess special education costs for fiscal year ending June 30, 1983, continue
and that town treasurers be required to treat such grants as a reduction of expenditures; P.A. 82-301 repealed Subsec. (g),
effective July 1, 1983, eliminating the "hold-harmless" payments to towns for special education costs, relettering former
Subsec. (h) accordingly; P.A. 83-495 delayed current funding for one year and in Subsec. (d)(2) and (3) corrected reference
to "total population as defined in section 10-261"; P.A. 84-385 repealed former Subsecs. (a) and (b)(1) re payment of
reimbursements for special education provided during the fiscal year ending June 30, 1982, and the fiscal year ending June
30, 1983, relettered former Subsec. (b)(2) as Subsec. (a)(1), added new Subsec. (a)(2) re payment of reimbursement for
special education provided during fiscal year ending June 30, 1985, relettered former Subsec. (c) as Subsec. (b) and delayed
current funding for an additional year, relettered former Subsec. (d) as Subsec. (c), deleted reference to repealed Subsecs.
(e) and (f), relettered former Subsec. (g) as Subsec. (d), and added new Subsec. (e) re state share of placements made in
out-of-district private residential facilities; P.A. 85-393 deleted former Subsecs. (a)(1), (b)(1), (d) and (e)(2) re computation
of reimbursements for special education costs for fiscal year 1983-84, re application for and disbursement of special
education grants for fiscal year 1985-86 and thereafter, re grants for excess costs of special education and re education
department's duty to develop data assessing costs of implementing section and to report data to special education study
committee, relettering Subsecs. and deleting Subdiv. indicators as necessary, applied former Subsec. (e)(1), now (d), so
as to exclude children placed by a state agency for whom a board of education receives payment under Sec. 10-76d(e)(2),
deleting reference to placement of children in out-of-district private residential placements, deleted provision re adjustment
of reimbursements for grants received and substituted provision disallowing reimbursement in subsequent year of amounts
paid by state board on a current basis and required submission of cost estimates by October first, rather than by September
first; P.A. 85-476 amended Subsec. (c) to specify that reimbursement percentage is determined by ranking, to provide that
ranking is to be rounded to next higher whole number and to provide for reimbursement at same percentage as for a town
with the same rank; P.A. 88-136 deleted obsolete provisions in Subsec. (a) re reimbursement received during the fiscal
year ending June 30, 1986, and made a technical change; P.A. 89-355 in Subsec. (c) changed the reimbursement percentage
sliding scale of 30% to 70% to 25% to 70%; P.A. 90-225 in Subsec. (c) changed the reimbursement percentage sliding
scale of 25% to 70% to 10% to 70% and added new Subsecs. (e) and (f) re reimbursement for costs of providing special
education to certain children requiring special education and an additional grant payment for certain towns for the fiscal
year ending June 30, 1991, respectively; June Sp. Sess. 91-7 amended Subsec. (e)(1) to extend to June 30, 1992, the
applicability of the method described therein for special education reimbursement; P.A. 92-262 amended Subsecs. (a), (c)
and (d) to add reference to child described in Sec. 10-76a(e)(1), amended Subsec. (b) to make the existing Subsec. Subdiv.
(1) and add Subdiv. (2), amended Subsec. (c)(1) to add reference to Sec. 2-32a, to substitute zero for ten and to add exception
that no town receive less than 2% and deleted former Subsecs. (e) and (f) as obsolete; P.A. 93-91 substituted commissioner
and department of children and families for commissioner and department of children and youth services, effective July
1, 1993; P.A. 93-133 amended Subdiv. (1) of Subsec. (b) to remove the requirement that the state board of education pay
the department of children and youth services for 100% of the net cost of special education for the children described in
said Subdiv., effective July 1, 1993; P.A. 93-353 added Subsec. (d)(2) re children residing on state-owned property or in
permanent family residences, effective July 1, 1993; P.A. 95-226 deleted former Subsecs. (a) and (c) re special education
reimbursement for any exceptional child described in Sec. 10-76a(e)(1), relettered remaining Subsecs. and added new
Subsec. (c) re supplemental special education grants, effective July 1, 1995; P.A. 96-146 amended Subsec. (b) to make a
technical change, effective July 1, 1996 (Revisors note: A reference to "subdivision (2) of subsection (e)" was changed
editorially by the Revisors to "subparagraph (B) of subdivision (5)" to conform with the designation changes made by said
act); P.A. 98-252 amended Subsecs. (a) and (b) to change the time frames for submission of the statement from October
to December, submission of claims for additional children or costs from April to February and payments from December
and June to February and April, to increase the amount of the first payment from 50% to 75% and to make technical
changes, effective July 1, 1998; P.A. 00-220 amended Subsec. (b) to add the requirement for the expenditure account to
be credited no later than 30 days after receipt by the treasurer of the necessary documentation from the board of education,
effective July 1, 2000; P.A. 01-173 amended Subsec. (b) to change the time limit for the submission of claims from February
to March first and to change the time for the payment of the balance from April to May, effective July 1, 2001; June Sp.
Sess. P.A. 01-1 amended Subsec. (b) to designate provision re five times the average per pupil educational costs as Subpara.
(A) and apply it to fiscal years commencing prior to July 1, 2002, and to add Subpara. (B) re four and one-half times the
average per pupil educational costs, effective July 1, 2001; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) by delaying
until July 1, 2003, a decrease in financial responsibility from five times to four and one-half times the average per pupil
educational costs, effective August 15, 2002; P.A. 03-76 made technical changes in Subsec. (a), effective June 3, 2003;
P.A. 03-174 amended Subsec. (a) to substitute March first for February first as the latest date boards of education may
update December statements of costs of providing special education for a child, to substitute May for April for the final
payment of the balance and to make a technical change, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended
Subsec. (b) by delaying until July 1, 2005, a decrease in financial responsibility from five times to four and one-half times
the average per pupil educational costs and added Subsec. (d) re proportional reduction of grants for fiscal years ending
June 30, 2004, and June 30, 2005, effective August 20, 2003; P.A. 05-245 amended Subsec. (a)(2) to replace "state agency"
with "public agency" and to include offices of a government of a federally recognized Native American tribe as a public
agency making placements and amended Subsec. (d) to extend the proportional reduction of grants through the fiscal year
ending June 30, 2007, and to create an exception for grants paid in accordance with Subsec. (a)(2), effective July 1, 2005.
See Sec. 10-76hh re prohibition on deduction of Medicaid reimbursement in determination of grant payments.
See Sec. 10-184a re exemption of local or regional boards of education or State Board of Education from providing
special education for children being educated at home or in private school.
See Sec. 10-262h re inclusion of special education expenses in calculation of equalization aid grants.
Cited. 172 C. 615. Cited. 179 C. 694. Cited. 187 C. 187. Cited. 195 C. 24. Cited. 228 C. 699. Cited. 229 C. 1.
Violates Article I, Sec. 20 and Article VIII, Sec. 1 of Connecticut Constitution. 31 CS 379. Cited. 34 CS 257. Cited.
35 CS 501. Cited. 44 CS 527.
Subsec. (c):
Cited. 36 CS 285, 291.