Connecticut Administrative Code

Regulations of Connecticut State AgenciesSec. 10-76a-2. Definitions and exceptionalitiesAs used in sections 10-76a-1, 10-76a-2, 10-76b-1 to 10-76b-4, inclusive, and 10-76d-1 to 10-76d-19, inclusive, of the Regulations of Connecticut State Agencies, the following words shall have …

Regulations of Connecticut State AgenciesSec. 10-76b-1. AuthoritySections 10-76a-1 to 10-76d-19, inclusive of the Regulations of Connecticut State Agencies are promulgated pursuant to the authority granted in, and for the implementation of, the state laws concerning children requ…

Regulations of Connecticut State AgenciesSec. 10-76b-10. Required training for providers or assistants on the use of physical restraint or seclusionA person at risk may be physically restrained or removed to seclusion only by a provider or assistant who has received training in p…

Regulations of Connecticut State AgenciesSec. 10-76b-11. Reports of physical restraint, seclusionThe recording and reporting of instances of physical restraint or seclusion and the compilation of this information shall be in accordance with section 46a-153 of the Connecticut Gene…

Regulations of Connecticut State AgenciesSec. 10-76b-2. Severance clauseIf any provision contained in these regulations or the application thereof to any person or circumstance is held invalid, the remainder of the regulations and the application of the provision in question to o…

Regulations of Connecticut State AgenciesSec. 10-76b-3. Effective dateThese regulations shall take effect September 1, 1980, at which time the regulations for Sections 10-76a to 10-76h, inclusive, of the General Statutes shall be repealed. (Effective September 1, 1980)

Regulations of Connecticut State AgenciesSec. 10-76b-4. ComplianceA board of education shall receive payment for the cost of special education and related services according to the provisions of sections 10-76a to 10-76ii, inclusive, of the Connecticut General Statutes. To be eli…

Regulations of Connecticut State AgenciesSec. 10-76b-5. Use of physical restraint and seclusion in public schools. DefinitionsFor the purposes of sections 10-76b-6 to 10-76b-11, inclusive, of the Regulations of Connecticut State Agencies: (1) \"Assistant\" means \"assistant\" as …

Regulations of Connecticut State AgenciesSec. 10-76b-6. Use of physical restraint and seclusion in public schoolsNo provider or assistant shall (1) use involuntary physical restraint on a person at risk or (2) involuntarily place a person at risk in seclusion, unless such use con…

Regulations of Connecticut State AgenciesSec. 10-76b-7. Use of physical restraint and seclusion in public schools, exceptionsNothing in sections 46a-150 to 46a-154, inclusive, of the Connecticut General Statutes or sections 10-76b-5 to 10-76b-11, inclusive, of the Regulations of …

Regulations of Connecticut State AgenciesSec. 10-76b-8. Use of seclusion in public schools, requirements(a) Except for an emergency intervention to prevent immediate or imminent injury to the person or to others conforming to the requirements of subsection (b) of section 46a-152 …

Regulations of Connecticut State AgenciesSec. 10-76b-9. Parental notification of physical restraint, seclusion(a) If a person at risk is physically restrained or placed in seclusion, an attempt shall be made to notify the parent on the day of, or within twenty-four hours after, p…

Regulations of Connecticut State AgenciesSec. 10-76d-1. Special education and related servicesEach 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 edu…

Regulations of Connecticut State AgenciesSec. 10-76d-10. Planning and placement teamEach board of education shall establish a sufficient number of planning and placement teams (1) to ensure that all children requiring special education and related services within its jurisdiction…

Regulations of Connecticut State AgenciesSec. 10-76d-11. Individualized education programEach board of education shall adopt written policies and procedures for developing, implementing, reviewing, maintaining and evaluating the individualized education program for each child wit…

Regulations of Connecticut State AgenciesSec. 10-76d-12. Planning and Placement Team Meetings; Transfer of Rights; exceptionEach planning and placement team is responsible for initiating, conducting and maintaining a record of planning and placement team meetings for developing, …

Regulations of Connecticut State AgenciesSec. 10-76d-13. TimelinesSpecial education and related services shall be provided as soon as possible after the planning and placement team meeting held to review, revise or develop the child's individualized education program, but in any …

Regulations of Connecticut State AgenciesSec. 10-76d-14. Trial placement for diagnostic purposesEach board of education may use trial placement for diagnostic purposes as part of the initial evaluation or reevaluation of a child. This shall mean a structured program, of not more …

Regulations of Connecticut State AgenciesSec. 10-76d-15. Homebound and hospitalized instruction(a) (1) Provision of instruction for verified medical reason. A board of education shall provide instruction to a child in a public school under the jurisdiction of such board when such…

Regulations of Connecticut State AgenciesSec. 10-76d-16. PlacementEach board of education shall determine the educational placement of a child with a disability in accordance with the placement requirements of the IDEA. (Effective September 1, 1980; Amended July 1, 2013)

Regulations of Connecticut State AgenciesSec. 10-76d-17. Private facilitiesA 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 pro…

Regulations of Connecticut State AgenciesSec. 10-76d-18. Education records and reportsEach board of education shall maintain records concerning children with disabilities or children referred for an evaluation to determine the child’s eligibility for special education and related…

Regulations of Connecticut State AgenciesSec. 10-76d-19. TransportationEach board of education shall provide, as a related service, safe and appropriate transportation as required to implement the individualized education program for each child with a disability. (a) Travel time.…

Regulations of Connecticut State AgenciesSec. 10-76d-2. PersonnelEach local board of education shall employ the number of certified or licensed personnel and support personnel necessary to implement the special education and related services required in each child's individualize…

Regulations of Connecticut State AgenciesSec. 10-76d-3. Length of school day and year(a) Unless otherwise specified in a child's individualized education program, the minimum school day and year for children with disabilities shall be the same as that for children in the general …

Regulations of Connecticut State AgenciesSec. 10-76d-4. Physical facilities and equipment(a) Physical facilities. Each board of education shall provide special education and related services in a physical environment appropriate to the child's needs as set forth in the child's in…

Regulations of Connecticut State AgenciesSec. 10-76d-5. Class size and compositionThe number and age range of children with disabilities assigned to a class shall be such that the specifications of each child's individualized education program can be met. (Effective September 1, …

Regulations of Connecticut State AgenciesSec. 10-76d-6. Identification and eligibility of students(a) Identification. Each board of education shall ensure that children with disabilities, including children who are educated at home, homeless children, children who are wards of th…

Regulations of Connecticut State AgenciesSec. 10-76d-7. Referral(a) (1) Each board of education shall accept and process referrals for the initial evaluation of a child to determine if the child is a child with a disability from appropriate school personnel, as well as from a chi…

Regulations of Connecticut State AgenciesSec. 10-76d-8. Notice and consentWritten notice shall be sent to the parents no later than five days after date of referral. (a) Written notice.(1) Written notice that meets the requirements of this subsection shall be given to the parents…

Regulations of Connecticut State AgenciesSec. 10-76d-9. Evaluation; Independent Educational Evaluation; Determining the existence of a learning disability; Evaluation and identification for gifted and talented(a) Evaluation; Independent Educational Evaluations. The board of educa…

Regulations of Connecticut State AgenciesSec. 10-76h-1. DefinitionsAs used in Sections 10-76h-1 to 10-76h-18, inclusive, the following terms have the following meanings: (a) “Business day” means Monday through Friday, except for federal and state legal holidays, unless holidays a…

Regulations of Connecticut State AgenciesSec. 10-76h-10. Expedited hearings(a) Expedited hearings shall be arranged in accordance with Part B of the Individuals with Disabilities Education Act, 20 USC 1401 et. seq. and the regulations adopted thereunder, as amended from time to t…

Regulations of Connecticut State AgenciesSec. 10-76h-11. Hearing rights(a) Any party to a hearing conducted pursuant to this section or Section 10-76h-7 of the Regulations of Connecticut State Agencies has the right to: (1) Be accompanied and advised by counsel and by individuals…

Regulations of Connecticut State AgenciesSec. 10-76h-12. Exhibits; documents presented at the hearing; witnesses(a) At least five business days prior to a hearing date scheduled and conducted pursuant to Section 10-76h-7 of the Regulations of Connecticut State Agencies, each part…

Regulations of Connecticut State AgenciesSec. 10-76h-13. Conduct of hearings(a) The hearing officer shall take reasonable measures, including the exclusion from the hearing of parties, counsel, or any other participant, to ensure that the parties, counsel and all other participan…

Regulations of Connecticut State AgenciesSec. 10-76h-14. Burden of production and proof; unilateral placement(a) The party who filed for due process has the burden of going forward with the evidence. In all cases, however, the public agency has the burden of proving the appropria…

Regulations of Connecticut State AgenciesSec. 10-76h-15. Evidence(a) The hearing officer may receive any oral, documentary or tangible evidence, but the hearing officer shall exclude irrelevant, immaterial or unduly repetitious evidence. (b) The hearing officer shall give effect …

Regulations of Connecticut State AgenciesSec. 10-76h-16. Decision, implementation, rights of appeal(a) The written findings of fact, conclusions of law and decision and order of the hearing officer shall be final, except that any aggrieved party may appeal such decision under the…

Regulations of Connecticut State AgenciesSec. 10-76h-17. Educational placement during proceedings(a) Unless the public agency and the parent agree otherwise, the child shall remain in his or her then-current educational placement during the pendency of any administrative or judic…

Regulations of Connecticut State AgenciesSec. 10-76h-18. Default or dismissal(a) Any party may move for, or the hearing officer may order, sua sponte, an entry of default in or dismissal of a hearing for failure of any party: (1) to prosecute a hearing;(2) to participate in the p…

Regulations of Connecticut State AgenciesSec. 10-76h-2. Who may file hearing requestsRequests for hearing may be filed by the following:(a) A parent of a child who is eligible for, or may be eligible for, special education and related services pursuant to the provisions of the Ge…

Regulations of Connecticut State AgenciesSec. 10-76h-3. Hearing request; content of hearing request(a) A parent, the Commissioner of Children and Families, or a designee of said commissioner, a public agency or an attorney or advocate acting on behalf of any of these parties, may…

Regulations of Connecticut State AgenciesSec. 10-76h-4. Statute of limitations(a) A party shall have two years to request a hearing from the time the party knew or should have known about the public agency proposal or refusal to initiate or change the identification, evaluation o…

Regulations of Connecticut State AgenciesSec. 10-76h-5. Mediation(a) The parties may agree in writing to request mediation at any time. The due process unit shall, upon the receipt of a written request for mediation signed by both parties, appoint on a random basis, an impartial …

Regulations of Connecticut State AgenciesSec. 10-76h-6. Advisory opinion(a) The department may, within its discretion, offer the parties to a due process hearing an advisory opinion process. (b) Any party may submit to the due process unit a written request for an advisory opinio…

Regulations of Connecticut State AgenciesSec. 10-76h-7. Appointment of hearing officer. Scheduling of prehearing conference and hearing dates(a) Upon receipt of a written request for a hearing, the due process unit shall appoint an impartial hearing officer. The due process unit …