State legislation: Connecticut HB 5425 - Addresses behavior analysis in IEPs for ASD students and provider competencies

On March 3, 2010 a bill drafted by the the Education Committee of the Connecticut General Assembly was introduced and assigned to this Committee,

HB 5425: AN ACT CONCERNING SPECIAL EDUCATION

The status page for HB 5425  shows that a Public Hearing is scheduled for
Monday, March 8, 2010.

HB 5425 would address different issues related to special education, and includes a clause related to a provision of applied behavior analysis to students with autism diagnoses whose IEPs call for such, provider qualifications  for those services and one mechanism to increase pool of providers.

The text relevant to the practice of behavior analysis can be found in Section 2.,
page 5, [lines 127-158] Text is reformatted for readability; please consult bill for original.

Start of clause,

Sec. 2. (NEW) (Effective July 1, 2010)
(a) On and after July 1, 2012, local and regional boards of education shall provide applied behavior analysis services to those students with autism spectrum disorder whose individualized education plan or plan pursuant to Section 504 of the Rehabilitation Act of 1973 requires such services.

Such services shall be provided by a person who is

• (1) subject to the provisions of subsection (b) of this section, licensed by the Department of Public Health or certified by the Department of Education and such services are within the scope of practice of such license or certificate, or
• (2) certified by the Behavior Analyst Certification Board as a behavior analyst or assistant behavior analyst, provided such assistant behavior analyst is working under the supervision of a certified behavior analyst.

For purposes of this section, "applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior.

(b) If the Commissioner of Education determines that there are insufficient certified personnel available to provide applied behavior analysis services in accordance with the provisions of subsection (a) of this section, the commissioner may authorize the provision of such services by persons who:

• (1) Hold a bachelor's degree in a related field;

• (2) have completed 
• (A) a minimum of nine credit hours of coursework from a course sequence approved by the Behavior Analyst Certification Board, or 
• (B) coursework that meets the eligibility requirement to sit for the board certified behavior analyst examination;

• (3) are supervised by a board certified behavior analyst.

(c) Nothing in this section shall be construed to require the provision of applied behavior analysis services in an individualized education plan or plan pursuant to Section 504 of the Rehabilitation Act of 1973.

End of clause
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Some recent events that provide additional background to H.B. 5425 is the January 13, 2010 submission of a report by the Connecticut Attorney General's Office to the Education Committee of the Connecticut General Assembly regarding the practice of behavior analysis within Connecticut schools, and the clauses in H.R. 5425 represent some of those recommendations.

Development of this report was specified and by 2009 Special Session passage of HB 6901,

now law as PA No. 09-1, as of 6/30/2009  stating,

"Sec. 12. (NEW) (Effective July 1, 2009) On or before January 1, 2010, the Attorney General, in consultation with the Commissioners of Education and Higher Education, shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to education on any investigation conducted regarding behavior analysis services for children with autism spectrum disorder performed in the state. Such report shall include any findings based on such investigation, recommendations for statutory changes and recommendations for an appropriate in-state certifying agency for behavioral analysis services."

The Connecticut Education Law Blog provides some summary of the recommendations of the Attorney General's office.

For further reading and reference

Raised H.B. No. 5425 Session Year 2010
Bill Status
Bill text

State of Connecticut General Assemby

Legislative Action Center of the Connecticut Association for Behavior Analysis 

Regarding the Attorney General Office Report
AG's Office Issues Report to Education Committee Re: BCBA Certification
Posted on February 20, 2010 by Michelle C. Laubin
Connecticut Education Law Blog

Link to the "Behavior Analyst Report to Education Committee"
[The report referenced in the blog post]     
Connecticut Center for Child Development Links page

OLR Bill Analysis  HB 6901:Emergency Certification  AN ACT CONCERNING EDUCATOR CERTIFICATION AND PROFESSIONAL DEVELOPMENT AND OTHER EDUCATION ISSUES.SUMMARY:


© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.