Sec.10-76d-17. Private facilities

A board of education may place a child with a disability in a private special education program.

(a) Requirements. Each board of education shall ensure that any placement in a private special education program is made in accordance with the following requirements.

(1) Before a board of education decides that a child with a disability cannot be appropriately placed in a school operated by such board of education or a program operated on behalf of such board of education, such as a program operated by a private special education program or a regional educational service center in a public school building, the board shall explore all other placement options that are consistent with the least restrictive environment requirements of the IDEA;

(2) The child's individualized education program shall be maintained by the staff administering the private special education program;

(3) The placement shall be at no cost to the parents;

(4) Prior to the placement of a child with a disability in a private special education program, a representative of the program shall participate in a PPT meeting in order to discuss the child’s individualized education program; and

(5) A child placed in a private special education program shall be accorded all of the educational rights the child would have if served directly by his or her board of education including, but not limited to, access to extracurricular and nonacademic programs and services and the right to participate in the high school graduation exercises and activities of the board of education and to receive a general education high school diploma upon completion of the requirements for graduation from the board of education. The PPT shall consider and make arrangements for the child to participate in such activities if the PPT determines that it is appropriate for the child to participate; and

(6) All out-of-state private programs shall meet the educational standards for private special education programs in the state it is located. If no such standards exist, the sending board of education shall provide the Department of Education with documentation that the private placement is appropriate to the child's needs as set forth in the child's individualized education program.

(b) No child shall be placed in a private special education program by a board unless such placement is required by the child's individualized education program as developed by the PPT of the board of education responsible for the child's education, except when a child is placed by a state agency in a private special education program for other than educational reasons.

(c) Approval of private special education programs. Each private special education program seeking approval shall submit a written application for approval as required by the State Board of Education. In order to be approved, each private special education program shall have been in operation for at least one year prior to application, shall have an enrollment of at least ten students, shall comply with the Principles and Standards for Approval of Private Special Education Programs adopted by the State Board of Education, and shall meet the following requirements:

(1) Each private special education program shall agree that in its operations no person shall be excluded from participation, be denied benefits or be otherwise discriminated against on the basis of sex, race, color, creed, religion, national origin, age, marital status or disability in any program or activity for which the special education program receives public monies;

(2) Each private special education program shall obtain a copy of the child’s IEP from the sending board of education and implement the IEP for each child placed by a board of education;

(3) Each private special education program shall, with the sending board of education, cooperate in and contribute to each PPT meeting convened for each child placed by a board of education in a private special education program, including the annual review of each child's individualized education program and the determination of continued placement. The private special education program shall ensure that a special education teacher of the child (A) participates in each such meeting, or (B) if the child’s parent and the sending board of education consent to the teacher being excused from such meeting, submits written input regarding the development of the child’s individualized education program to the sending board of education within a reasonable time prior to the meeting so such written input can be discussed at such meeting;

(4) Each private special education program shall complete periodic reviews and evaluations of each child's progress relative to the child's IEP. The private special education program shall submit reports of the child's progress to the child's parents and the sending board of education in accordance with the reporting schedule and content requirements of the child’s IEP as determined by the PPT;

(5) Each private special education program shall have written policies and procedures for both emergency and early termination of a child's placement. The procedure for emergency termination shall provide for immediate notification of the sending board of education and the child's parents. The procedure for early termination shall provide for prior consultation with the sending board of education as well as an orderly transfer of provision of service;

(6) Each private special education program shall conform to the requirements of these regulations with respect to class size and composition, length of school day and year and physical facilities;

(7) Each private special education program shall have policies and procedures which meet the requirements of section 10-76d-18 of the Regulations of Connecticut State Agencies;

(8) Each private special education program shall ensure that all administrative personnel, instructional personnel, and related service personnel shall hold appropriate certification, except as provided in section 10-145d-610(c) of the Regulations of Connecticut State Agencies, which shall be on file with the State Board of Education;

(9) Each private special education program shall require of its personnel, on an annual basis, evidence of having met the health requirements for public school employees as established by the General Statutes and their regulations;

(10) Each private special education program shall have policies and procedures which permit personnel of the sending board of education to visit the program and observe children on a reasonable basis in order for the board to fulfill its responsibilities with regard to the provision of a free appropriate public education to eligible children;

(11) Each private special education program shall have policies and procedures which permit parents of enrolled and prospective children to visit the program and observe children on a reasonable basis in order for the parents to participate meaningfully in PPT meetings for their children; and

(d) Private program within a school or facility. In the event that a private special education program is a component of a school or facility of which at least one other component provides education services to school-aged children, all administrative, instructional and related service personnel of each component of the school or facility that provides education services to school-aged children shall hold appropriate certification, except as provided in 10-145d-610(c) of the Regulations of Connecticut State Agencies, which shall be on file with the State Board of Education.

(e) Procedures for approval of private special education programs. Upon receipt of a written application for approval as required by subsection (c) of this section, the State Board of Education shall initiate the following actions:

(1) A site visit to the private special education program shall be made by representatives of the Department of Education.

(2) Based upon the written application and the site visit, a recommendation shall be made to the State Board of Education that approval be granted or withheld. The Commissioner of Education may be authorized to act on behalf of the State Board of Education. Appeal from a decision of the State Board of Education shall follow the provisions of Chapter 54 of the Connecticut General Statutes.

(3) Following initial approval, the State Board of Education shall review the approved status of a private special education program before the end of the following school year. Thereafter, approval may be granted for a maximum of five years.

(4) The Department of Education shall maintain a current list of all approved private special education programs which shall be available to the public upon request.

A board of education may place a child requiring special education and related services in a private special education program.

(5) The State Board of Education, or the Commissioner of Education acting on behalf of the State Board of Education, may suspend or revoke the approval status of a private special education program pursuant to Chapter 54 of the Connecticut General Statutes.

(Effective November 23, 1994; Amended July 1, 2013)