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2016 Op. Conn. Att'y Gen. 1 (2016)

handle is hein.sag/sagct0070 and id is 1 raw text is: GEORGE JEPSEN 55 Elm Street ATTORNEY GENERAL P.O. Box 120 Hartford, CT 06141-0120 Office of the Attorney General State of Connecticut January 25, 2016 Morna A. Murray, Commissioner Connecticut Department of Developmental Services 460 Capitol Avenue Hartford, CT 06106 Dear Commissioner Murray: In a memorandum from your agency's Director of Legal & Governmental Affairs, written on your behalf, you have inquired about the responsibility of local school districts to provide and pay for residential services when such residential services are necessary for a developmentally delayed, school aged student to receive an appropriate education if the student is receiving servicesfrom the Connecticut Department of Developmental Services (DDS). The answer to your question is found in the general policy determinations of our Legislature as reflected in our general statutes. Therefore, we review those statutes and the cases interpreting them as a way to address your question. Conn. Gen. Stat. § 10-76d codifies the legal obligations of school districts to provide and pay for the special education programming needed for disabled students in their respective public schools, subject to certain state statutory reimbursements for particular programs and costs (see, e.g., Conn. Gen. Stat. § I0-76g). This detailed statutory scheme, set forth in Conn. Gen. Stat. §§ 10-76a through 10-76h, is consonant and compliant with the federal special education law known as the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et. seg. (IDEA) and its underlying regulations, as reflected in the full approval status of Connecticut IDEA Part B plan by the United States Department of Education. Under Connecticut's statutory scheme, local school districts (referred to as local education agencies (LEAs) under the IDEA; 20 U.S.C. § 1401(19)) bear http://www.sde.ct.gov/sde/lib/sde/l)df/deps/special/SPP/2015 response letter an d determination.pdf

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