Connecticut General Statutes
Chapter 164 - Educational Opportunities
Section 10-91g. - Audits of private providers of special education services.

(a) As used in this section and sections 10-91h to 10-91l, inclusive, “private provider of special education services” means any private school or private agency or institution, including a group home, that receives, directly or indirectly 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, 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, 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.
(June Sp. Sess. P.A. 15-5, S. 278; P.A. 17-173, S. 6; P.A. 18-183, S. 3; P.A. 19-31, S. 1; P.A. 21-145, S. 5.)
History: June Sp. Sess. P.A. 15-5 effective July 1, 2015; P.A. 17-173 amended Subsec. (c) by replacing provision re each private provider of special education services to be audited at least once during every seven year period with provision re Auditors of Public Accounts using risk-based approach shall audit private providers of special education services at frequency they deem necessary in Subdiv. (1), deleting provisions re approximately half of audits conducted in a year in Subdiv. (2), effective July 6, 2017; P.A. 18-183 amended Subsec. (a) by replacing “and 10-91i” with “to 10-91l, inclusive”, amended Subsec. (b)(1) by adding “or contract” and “or 10-91j”, and amended Subsec. (e) by adding “or contract” and “or 10-91j”, effective July 1, 2018; P.A. 19-31 made a technical change in Subsec. (a), effective June 26, 2019; P.A. 21-145 amended Subsec. (a) to add “, directly or indirectly,” re receipt of state or local funds.

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