Sec.10-76d-1. Special education and related services

Each board of education shall provide a free appropriate public education for each child with a disability. A child with a disability is entitled to receive a free appropriate public education on and after the child’s third birthday, notwithstanding the fact that the third birthday occurs outside of the regular school year. The PPT shall determine whether a child whose birthday occurs outside of the regular school year requires extended school year services.

(a) General requirements. Each board of education shall provide special education and related services for each child with a disability in accordance with the following requirements.

(1) Such education shall be consistent with the requirements of the IDEA, sections 10-76a to 10-76ii, inclusive, of the Connecticut General Statutes and sections 10-76a-1 to 10-76d-19, inclusive, of the Regulations of Connecticut State Agencies;

(2) Each child with a disability shall be entitled to participate in the general education high school graduation exercises and related activities of the board of education in the event such child will not be graduating with a general education high school diploma. Such child, such child’s parents and the PPT shall determine such child’s high school graduating class for purposes of participation in the high school graduation exercises and related activities. A child with a disability is entitled to participate in high school graduation exercises and related activities while such child is enrolled in high school;

(3) Each board of education shall award its general education high school diploma to each child with a disability who (A) meets the requirements for graduation for such board, (B) is provided a free appropriate public education by such board, and (C) is enrolled by such board in a program that does not award a diploma for purposes of high school graduation; and

(4) Such education shall be continued until the end of the school year in the event that the child turns twenty-one during that school year. For purposes of this subdivision, school year means July first through June thirtieth.

(b) Provision of services. Each board of education shall be required to provide referral, identification and evaluation services only for gifted and talented children enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of such board of education. The provision of all other special education and related services to gifted and talented children shall be at the discretion of each board of education, except if a child identified as gifted or talented is also identified as a child with a disability, then the child shall receive special education and related services.

(c) Arrangements for service. A board of education may make arrangements to provide special education and related services when educational needs cannot be met by public school arrangements. Each board of education shall ensure that all services are provided to implement each child's individualized education program in the least restrictive environment and are provided in accordance with the requirements of the IDEA, sections 10-76a to 10-76ii, inclusive, of the Connecticut General Statutes and sections 10-76a-1 to 10-76d-19, inclusive, of the Regulations of Connecticut State Agencies.

A board of education may arrange for the provision of the following services including, but not limited to:

Instructional services and programs

Diagnostic medical services

Psychological services

Social work services

Speech and hearing services

Guidance and counseling services

Parent counseling and training services as related to educational objectives

Physical therapy services

Occupational therapy services

Translation services

Transportation services

In-service training

(d) Payment. Each board of education shall file with the State Board of Education the required state form for payment for expenditures made for special education and related services. A board of education shall be eligible to receive state grants for the provision of special education and related services to a child with a disability if applicable state requirements are met.

(Effective September 1, 1980; Amended February 4, 2005; Amended July 1, 2013)