EDUCATION LEGISLATION SUMMARY 2005 SESSION CONNECTICUT GENERAL ASSEMBLY On the federal level, this past year has been marked by the including those who use cardiopulmonary resuscitators or Reauthorization of the Individuals with Disabilities Education an automatic external defibrillator. Public Act 05-144 extends Act (“IDEA”), which made several notable changes in the this immunity for ordinary negligence to similarly trained in- area of special education. Signed by President Bush on De- dividuals using a cartridge injector (i.e. epi-pen). This immu- cember 3, 2004, the revised IDEA makes several significant nity does not apply to acts or omissions that constitute gross, changes in provisions governing child find procedures, ser- willful, or wanton negligence. In conjunction with Public vices to private school students, evaluations, discipline of Act 05-272, this legislation also requires licensed day care students with disabilities and procedural safeguards. Public centers, day camps and before or after school programs that comment on proposed regulations implementing the new are administered in school buildings or on school grounds to IDEA is currently ongoing, with final regulations expected ensure that they have personnel trained to administer medi- by December 2005. Links to IDEA ’04 and the proposed cation with a cartridge injector to children with a medically regulations may be found at www.ed.gov/policy/ diagnosed allergic condition that may require prompt treat- landing.jhtml. ment to protect against serious harm or death. Public Act 05-272 makes clear, however, that the requirements pertain- Legislative activity at the state level may be most notable for ing to trained personnel only apply to programs actually ad- the bills that did not get passed, such as a proposed school ministered, rather than offered, by a school board or munici- nutrition bill and a bill which would have required mandatory pality. Effective October 1, 2005. steroid use prevention education. Below is a brief synopsis of the most important education legislation that was passed Medicaid Reimbursements for Special Education by the Connecticut General Assembly during the 2005 legis- Services lative session. The full text for these public acts is also avail- Under Public Act 05-141, services recommended by a plan- able online at ftp://159.247.160.79/acts/Pa. We would be ning and placement team (“PPT”) and certain licensed prac- happy to provide additional copies upon request. titioners will be deemed authorized for federal Medicaid re- imbursement under Connecticut’s School Based Child Health Student Health (“SBCH”) program. This program provides federal funds to Food Allergies participating local educational agencies (“LEAs”) to partially offset costs incurred for providing related medical services Public Act 05-104 requires the State Department of Educa- to special education students. Effective upon passage. tion (“SDE”), in conjunction with the Department of Public Health, to develop guidelines for managing students with life- Reporting of Asthma threatening food allergies. These guidelines are to be made Public Act 05-272 expands the reporting requirements for available to school boards by January 1, 2006. School boards the prevalence of asthma among students. Current law re- must, in turn, use these guidelines to implement plans for quires each local or regional school board to report to the those students with life-threatening allergies enrolled within local health department and department of public health the their schools. These plans must address training of school number of students per school and per district with an asthma personnel, emergency response procedures, a process for diagnosis as recorded on required health assessment forms. developing individualized health care plans and protocols to By law, these health assessments must be done at the fol- prevent exposure to food allergens. Effective upon passage. lowing intervals: (1) at the time of enrollment; (2) in either Emergency Use of Cartridge Injectors grade six or seven; and (3) in either grade ten or eleven. Public Act 05-272 eliminates the requirement that the asthma Connecticut’s Good Samaritan Law (Conn. Gen. Stat. § 52- diagnosis must be recorded on a health assessment form in 557b) currently provides immunity from civil liability to cer- order to be reported. Thus, effective October 1, 2005, school tain trained individuals who render emergency assistance,
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