Sec. 10-76f. Definition of terms used in formula for state aid for special education.

      Sec. 10-76f. Definition of terms used in formula for state aid for special education. For the purposes of sections 10-76a to 10-76g, inclusive:

      (a) "Per pupil cost" in a school district is the quotient of net current expenses, as defined in section 10-261, divided by such school district's average daily membership, as defined in section 10-261.

      (b) "Special education instructional personnel" includes those employees of a board of education who, for at least one-half of their employment time, are assigned exclusively to the task of implementing or supervising special education programs. "Pupil personnel staff" includes those employees of a board of education who, for at least one-third of their employment time, are assigned exclusively to the task of identifying and implementing special education programs and services.

      (c) "Special education equipment and materials" means such equipment and materials as are used primarily to implement special education in accordance with regulations made pursuant to said sections.

      (d) "Special education tuition" means the tuition, board, room and other fees paid to another public or private school, agency or institution by a board of education to meet the educational needs of children requiring special education, provided such payments have been pursuant to an agreement approved by the commissioner.

      (e) "Special education transportation costs" are the amounts paid by a claimant town or regional board of education for transporting any child to and from any clinic, physician's office, agency or institution to which the board requests the child go for the purposes of determining the need for special education and amounts paid for transporting such child to and from any school, agency or institution for the purposes of special education unless such transportation is on a bus which is transporting, at the same time, children in the standard educational program provided by the claimant board.

      (f) "Special education rent" means any expenditure for rental of space or equipment to implement special education in accordance with regulations made pursuant to said sections.

      (g) "Special education consultant services" means noninstructional services rendered concerning children requiring special education by professional persons other than employees of a board of education for programs approved pursuant to said sections.

      (h) "Net cost of special education" means the result obtained by subtracting from the expenditures made by a claimant board for special education personnel, equipment, materials, tuition, transportation, rent and consultant services, (1) the total amount of any funds from other state or federal grants, private grants or special education tuition received by the board or town in such year and used to implement special education programs approved pursuant to said sections, (2) the total amount of any funds from Medicaid payments expended by the board in such year and used to implement special education programs, and (3) expenditures for special education provided to children requiring special education who are described in subparagraph (B) of subdivision (5) of section 10-76a.

      (1967, P.A. 627, S. 7; 1969, P.A. 793, S. 4; P.A. 75-521, S. 4, 6; P.A. 76-428, S. 1, 2; P.A. 77-30, S. 1, 2, 3; 77-614, S. 302; P.A. 78-248, S. 1; P.A. 79-128, S. 16, 36; P.A. 81-432, S. 2, 11; P.A. 84-255, S. 13, 21; P.A. 88-136 S. 4, 37; P.A. 89-315, S. 2, 3; P.A. 92-170, S. 3, 26; 92-262, S. 21, 22, 42; P.A. 93-353, S. 8, 21, 52; P.A. 96-146, S. 5, 12; 96-161, S. 9, 13; P.A. 05-13, S. 1; 05-245, S. 26.)

      History: 1969 act deleted reference to repealed Sec. 10-94a, redefined "per pupil cost" to allow subtraction of state funds received under Sec. 10-266c from net current expenses, redefined "special education tuition" to include requirement that payments be approved by secretary of state board, amended Subsec. (e) to substitute "provided" for "administered" in the phrase "standard educational program administered by the claimant board" and specified "school age" children in Subsec. (h)(1); P.A. 75-521 substituted definitions of "special education instructional personnel" and "pupil personnel staff" for less specific definition of "special education personnel" in Subdiv. (2); P.A. 76-428 added Subsecs. (i) and (j) defining "net cost of special education" on and after July 1, 1978, and establishing committee to study effects of Subsec. (i) provisions; P.A. 77-30 substituted "1979" for "1978" in Subsec. (i) and substituted "1977" for "1976" in Subsec. (j); P.A. 77-614 substituted commissioner of education for secretary of the state board of education, effective January 1, 1979; P.A. 78-248 deleted Subsecs. (i) and (j); P.A. 79-128 deleted Subsec. (h)(1) which had provided for subtraction of product of per pupil cost and number of school age children educated primarily by special education personnel from expenditures to determine net cost; P.A. 81-432 specifically excluded costs of designated state agency placements from consideration as "net costs of special education" in Subsec. (h); P.A. 84-255 amended Subsec. (a) deleting reference to repealed Sec. 10-266c and substituting reference to Sec. 10-14o; P.A. 88-136 deleted obsolete provision in Subsec. (h) re expenditures by a claimant board of education during the fiscal year ending June 30, 1981; P.A. 89-315 redefined "net cost of special education" by adding new Subdiv. (2) re subtracting from expenditures the total amount of the costs of special education for which Medicaid payments are received; P.A. 92-170 amended Subsec. (h) to add "subject to subsection (f) of section 10-76dd"; P.A. 92-262 revised definition of "per pupil cost" to delete a reference to funds received under repealed Sec. 10-14o and expanded definition of "net cost of special education" by adding Subdiv. (3) pertaining to expenditures for gifted and talented students; P.A. 93-353 amended Subsec. (a) defining "per pupil cost" to clarify "average daily membership" and amended Subsec. (d) defining "special education tuition" to remove payments made by the board of education to supplement the expenditures for special education pursuant to Sec. 10-94a, effective July 1, 1993; P.A. 96-146 made a technical change in Subsec. (h), effective July 1, 1996; P.A. 96-161 made a technical change in Subsec. (h) in definition of "net cost of special education", effective July 1, 1996; P.A. 05-13 and P.A. 05-245 both made technical changes in Subsec. (h), effective July 1, 2005.

      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.

      Cited. 172 C. 615. Cited. 179 C. 694. 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. (h):

      Cited. 187 C. 187. P.A. 92-262, Secs. 22 and 42 cited. 228 C. 699.