Conn. Gen. Stat. § 10-91j: *(See end of section for amended version and effective date.) Agreements and contracts between boards of education and private providers of special education services.

(a) Any agreement entered into or amended on or after July 1, 2018, but prior to June 30, 2019, or any contract entered into or amended on or after July 1, 2019, pursuant to section 10-76d, between a local or regional board of education and a private provider of special education services, as defined in section 10-91g, shall include an explanation of how the tuition or costs for services provided under the agreement or contract are to be calculated. Any such agreement or contract may include the following provisions: (1) A requirement that such private provider of special education services submit monthly or quarterly reports to such board regarding the specific services and frequency of such services being provided by such private provider of special education services to students under the agreement or contract, and (2) authorization for such board to (A) review and reconcile such reports to the contracted services described in the agreement or contract, or (B) conduct periodic site visits at the location where such private provider of special education services provides services.

(b) On and after July 1, 2019, a local or regional board of education shall not be eligible for reimbursement pursuant to subsection (b) of section 10-76g for any costs of special education paid by such board of education to a private provider of special education services unless such board of education has entered into a written contract with such private provider of special education services for the provision of such special education services. The individualized education program of a child shall not be considered a contract between a local or regional board of education and a private provider of special education services for purposes of this section. Nothing in this subsection shall be construed to limit or interrupt the provision of special education and related services to a child by a local or regional board of education or private provider of special education services.

(c) Any written contract entered into or amended on or after July 1, 2025, between a local or regional board of education and a private provider of special education services shall include a provision that requires such private provider of special education services to submit a base tuition and cost for services for each school year in which services are to be provided pursuant to such contract to such local or regional board of education not later than December thirty-first preceding the school year in which services are to be provided.

*Note: On and after July 1, 2026, this section, as amended by section 24 of public act 25-67, is to read as follows:

“Sec. 10-91j. Agreements and contracts between boards of education and private providers of special education services. (a)(1) Subject to the provisions of subdivision (2) of this subsection, any agreement entered into or amended on or after July 1, 2018, but prior to June 30, 2019, or any contract entered into or amended on or after July 1, 2019, pursuant to section 10-76d, between a local or regional board of education and a private provider of special education services, as defined in section 10-91g, shall include an explanation of how the tuition or costs for services provided under the agreement or contract are to be calculated. Any such agreement or contract may include the following provisions: (A) A requirement that such private provider of special education services submit monthly or quarterly reports to such board regarding the specific services and frequency of such services being provided by such private provider of special education services to students under the agreement or contract, and (B) authorization for such board to (i) review and reconcile such reports to the contracted services described in the agreement or contract, or (ii) conduct periodic site visits at the location where such private provider of special education services provides services.

(2) Any contract entered into or amended on or after July 1, 2026, pursuant to section 10-76d, between a local or regional board of education and a private provider of special education services that is subject to the provisions of section 10-76aaa, shall be in accordance with the rates or the rate schedule, as the case may be, established pursuant to section 10-76aaa.

(b) On and after July 1, 2026, a local or regional board of education shall not be eligible for reimbursement pursuant to subsection (b) of section 10-76g for any costs of special education paid by such board of education to a private provider of special education services unless such board of education has entered into a written contract with such private provider of special education services for the provision of such special education services. The individualized education program of a child shall not be considered a contract between a local or regional board of education and a private provider of special education services for purposes of this section. Nothing in this subsection shall be construed to limit or interrupt the provision of special education and related services to a child by a local or regional board of education or private provider of special education services.”