Conn. Gen. Stat. § 10-76aaa: Rate schedule for special education services and related services.

(a) As used in this section:

(1) “Related services” has the same meaning as provided in section 10-76a, except it does not include special education transportation services;

(2) “Charging entity” has the same meaning as provided in section 10-76a;

(3) “Public provider of special education services” means a regional educational service center, operator of an interdistrict magnet school program, state charter school, a cooperative arrangement pursuant to section 10-158a, or a local or regional board of education operating an outplacement program or as part of the state-wide interdistrict public school attendance program pursuant to section 10-266aa; and

(4) “Special education transportation services” means transportation services to and from special education outplacements provided by a provider of special education transportation services.

(b) Not later than January 1, 2028, the Department of Education, in consultation with the Office of Policy and Management, shall establish a rate schedule for: (1) Related services provided by a charging entity pursuant to an individualized education program, including, but not limited to, speech, behavioral and occupational therapies; and (2) all costs charged to a local or regional board of education related to the provision of special education services, excluding special education transportation services, provided by a public provider of special education services. In establishing such rate schedule, the department shall (A) consult with stakeholders and education officials in other states with experience in establishing rates or rate schedules for the provision of special education and related services, and (B) take into account the operating expenses of the charging entities, the costs paid by local and regional boards of education, the educator-to-student ratio of the environment in which the special education or related service is being delivered, the professional qualifications of the service provider and any other considerations the department deems relevant. The rate schedule shall be accompanied by standards for billing that describe how the charging entity's operational expenses should be proportionally and appropriately attributed to the services provided to individual students. The department shall, at least biennially, review such rate schedule and billing standards and may revise such rate schedule and billing standards as necessary.

(c) (1) Not later than December 31, 2027, the department shall establish the individual rates for each special education and related service, in accordance with the provisions of subsection (b) of this section, except for the period commencing July 1, 2025, until December 31, 2027, the department may establish individual rates for each special education and related service, in accordance with the provisions of subsection (b) of this section. Following the establishment of each such rate, the department shall notify each local and regional board of education of such rate and post such rate on the department's Internet web site not later than the January first following such establishment. Any such rate shall become effective on the July first following such posting.

(2) On or before January 1, 2028, the department shall notify each local and regional board of education of the full rate schedule and post such rate schedule on the department's Internet web site. The full rate schedule shall become effective on July 1, 2028.

(d) (1) For the school years commencing July 1, 2026, and July 1, 2027, all amounts charged to a local or regional board of education by a (A) charging entity related to the provision of related services, or (B) public provider of special education services for special education services, shall be in accordance with any rates established by the department pursuant to subsection (c) of this section, provided such rates were posted on or before January first of the prior school year.

(2) For the school year commencing July 1, 2028, and each school year thereafter, all amounts charged to a local or regional board of education by a (A) charging entity related to the provision of related services, or (B) public provider of special education services for special education services, shall be in accordance with the rate schedule established pursuant to this section, provided such rate schedule was posted on or before January first of the prior school year.

(3) Any amount charged to and paid by a local or regional board of education for such special education and related services that exceeds the amount established pursuant to this section shall not be eligible for reimbursement under section 10-76g and shall be deemed to be an expenditure that does not constitute a special education purpose for purposes of the special education and expansion development grant under section 10-76ggg.

(e) (1) Not later than January 1, 2026, and January 1, 2027, the department shall submit a report of all the rates that have been established under this section to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a.

(2) Not later than January 1, 2028, and annually thereafter, the department shall submit the rate schedule established under this section to the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations, in accordance with the provisions of section 11-4a.

(f) The Commissioner of Education shall consult with approved nonprofit private providers of special education services and approved for-profit private providers of special education services for the purpose of developing proposed rates for special education services, excluding transportation services, for all approved private providers of special education services. Not later than December 31, 2027, the commissioner shall develop proposed individual rates for each special education service, excluding transportation services, for all approved private providers of special education services, in accordance with the provisions of subsection (b) of this section, except for the period commencing July 1, 2025, until December 31, 2027, the commissioner may develop such individual rates for each special education service, in accordance with the provisions of subsection (b) of this section. Following the development of any such proposed rates, the commissioner shall submit all such proposed rates not later than January first following such development to the General Assembly for approval or disapproval. If the General Assembly fails to approve or disapprove such proposed rates on or before the March fifteenth after such submission, such proposed rates shall be deemed approved. Any such proposed rate that is approved by the General Assembly or deemed approved shall become effective on the July first following such approval.