Bill Text: CT HB06501 | 2011 | General Assembly | Introduced
Bill Title: An Act Concerning Delays In The Evaluation And Determination Process For Students Suspected Of Requiring Special Education Services And The Membership Of The Advisory Council For Special Education.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-07-13 - Signed by the Governor [HB06501 Detail]
Download: Connecticut-2011-HB06501-Introduced.html
General Assembly |
Raised Bill No. 6501 | ||
January Session, 2011 |
LCO No. 4033 | ||
*04033_______ED_* | |||
Referred to Committee on Education |
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Introduced by: |
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(ED) |
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AN ACT CONCERNING DELAYS IN THE EVALUATION AND DETERMINATION PROCESS FOR STUDENTS SUSPECTED OF REQUIRING SPECIAL EDUCATION SERVICES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 10-76ff of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
(a) Each local and regional board of education shall follow the procedures outlined in this section in determining if a child requires special education and related services, as defined in section 10-76a. (1) Each local and regional board of education shall promptly request parental consent to evaluate a child pursuant to this section and in accordance with applicable federal law and regulations if such board suspects that a child requires special education and related services, unless the parent or guardian of such child agrees in writing to delay such evaluation. [(1)] (2) In conducting an evaluation of the child, the local or regional board of education shall: (A) Use a variety of assessment tools and strategies to gather relevant functional, developmental and academic information, including information provided by the child's parent or guardian, that may assist in determining (i) whether the child is a child, (I) who requires special education and related services pursuant to subparagraphs (A) and (C) of subdivision (5) of section 10-76a, (II) whose disability has an adverse effect on his educational performance, and (III) who, by reason of such adverse effect requires special education and related services, and (ii) the content of the child's individualized education program, including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities; (B) not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and (C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. [(2)] (3) Each local and regional board of education shall ensure that: (A) Assessments and other evaluation materials used to assess the child are (i) selected and administered so as not to be discriminatory on a racial or cultural basis, and (ii) provided and administered in the language and form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, unless it is not feasible to so provide or administer; (B) assessments and other evaluation materials used to assess a child (i) are used for purposes for which the assessments or measures are valid and reliable, (ii) are administered by trained and knowledgeable personnel, and (iii) are administered in accordance with any instructions provided by the producer of such tests; (C) the child is assessed in all areas of suspected disability; (D) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided; and (E) assessments of children with disabilities who transfer from one school district to another school district in the same academic year are coordinated with such children's prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations. [(3)] (4) In accordance with section 10-76d and applicable federal law and regulations, upon completion of administration of assessments and other evaluation measures, the determination of whether the child is a child requiring special education and related services shall be made by a team consisting of qualified professionals and the parent or guardian of the child and a copy of the evaluation report and the documentation for such determination shall be given to the parent or guardian of the child. [(4)] (5) The local or regional board of education shall not determine that a child requires special education and related services if the dominant factor for determining eligibility is (A) a lack of instruction in reading, including the essential components of reading instruction, as defined in Section 1208(3) of the Elementary and Secondary Education Act of 1965, or mathematics or limited English proficiency, or (B) evidence that the child's behavior violates the school's disciplinary policies or evidence that is derived from the contents of discipline records.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2011 |
10-76ff(a) |
Statement of Purpose:
To prevent delays in the evaluation process of children suspected of requiring special education and related services.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]