Share:

👍 0 👎 0

2018 HB 5447: An Act Implementing The Recommendations Of The Auditors Of Public Accounts Concerning Private Providers Of Special Education.

Bill Text

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 10-91j of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Any agreement entered into or amended on or after July 1, 2017 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, as amended by this act, 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.

Sec. 2. Subsection (b) of section 10-91h of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) Each local and regional board of education that has entered into an agreement or contract pursuant to section 10-76d or 10-91j, as amended by this act, with a private provider of special education services, shall submit to an audit conducted by the Auditors of Public Accounts for the purposes of examining such board's monitoring of student attendance at such private provider of special education services to ensure that proper services are being provided and costs are being controlled. Such board shall provide access to all records and accounts necessary to said auditors for purposes of conducting such audit.

Sec. 3. Section 10-91g of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) As used in this section and sections 10-91h and 10-91i, as amended by this act, "private provider of special education services" means any private school or private agency or institution, including a group home, that receives any state or local funds as a result of providing special education services to any student with an individualized education program or for whom an individual services plan has been written by the local or regional board of education responsible for educating such student.

(b) In accomplishing their duties as set forth in section 7-396a and in accordance with the authority granted under chapter 111, the Auditors of Public Accounts shall act as an agent of a local or regional board of education for the purposes of conducting an audit to examine the records and accounts of any private provider of special education services that (1) has entered into an agreement or contract with a local or regional board of education, pursuant to section 10-76d or 10-91j, as amended by this act, or (2) receives any state or local funds to provide special education and related services, in connection with any grant made by any state agency pursuant to any section of the general statutes or any public or special act. Such examination shall include a compliance audit of whether such state or local funds to provide special education and related services have been expended for allowable costs, in accordance with state and federal law and the individualized education program or individual services plan for each child receiving special education and related services from such private provider of special education services.

(c) The Auditors of Public Accounts shall conduct the audit described in subsection (b) of this section as follows: (1) The Auditors of Public Accounts, using a risk-based approach, shall audit private providers of special education services at a frequency that they deem necessary, except that no private provider of special education services shall have its records and accounts so examined more than once during such five-year period, unless the auditors have found a problem with the records and accounts of such private provider of special education services during such five-year period; (2) audits shall be of private providers of special education services approved by the Department of Education and of private providers of special education services not approved by the Department of Education; and (3) priority of conducting such audits, as practical, shall be given to those private providers of special education services (A) that receive the greatest total amount of state or local funds for the provision of special education services to students, (B) that provide special education services to the highest number of students for whom an individual services plan has been written by a local or regional board of education, and (C) that have a highest proportion of state and local funds for the provision of special education services in relation to their total operational expenses.

(d) The Auditors of Public Accounts may (1) consult the Department of Education during the course of an audit described in subsection (b) of this section for the purposes of conducting such audit, and (2) share any preliminary audit findings with the department.

(e) The Auditors of Public Accounts shall report their findings to (1) the local or regional board of education that has entered into an agreement or contract with the private provider of special education services, pursuant to section 10-76d or 10-91j, as amended by this act, or that has completed an individualized education program or individual services plan for a student receiving special education and related services from a private provider of special education services, (2) the Commissioner of Education, and (3) the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

Behind the Bill