Sec. 10a-1. (Formerly Sec. 10-322a). State system of higher education; definitions. There shall be a state system of public higher education to consist of (1) The University of Connecticut and all branches thereof, (2) the state colleges, which shall be known collectively as the Connecticut State University system, (3) the regional community-technical colleges, (4) the Board for State Academic Awards, and (5) the staff of the Department of Higher Education as established pursuant to section 10a-5. "Constituent units" as used in the general statutes means those units in subdivisions (1) to (4), inclusive, of this section.
(P.A. 77-573, S. 1, 30; P.A. 82-218, S. 1, 46; P.A. 89-260, S. 8, 41; P.A. 91-256, S. 45, 69; P.A. 92-126, S. 19, 48; P.A. 94-245, S. 12, 46.)
History: P.A. 82-218 reorganized state system of higher education, designating state colleges as Connecticut State University and including department of higher education within state system of higher education, effective March 1, 1983; Sec. 10-322a transferred to Sec. 10a-1 in 1983; P.A. 89-260 substituted "regional technical colleges" for "state technical colleges" and the combined regional technical colleges into one constituent unit; P.A. 91-256 made a technical change; P.A. 92-126 replaced references to community colleges and technical colleges with reference to community-technical colleges; P.A. 94-245 made a technical change, effective June 2, 1994.

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Sec. 10a-2. (Formerly Sec. 10-323a). Board of Governors of Higher Education; appointment; selection of chairman. (a) There shall be a Board of Governors of Higher Education to serve as the central policy-making authority for public higher education in Connecticut. The board shall consist of eleven members who shall be distinguished leaders of the community in Connecticut. The board shall reflect the state's geographic, racial and ethnic diversity. The members shall not be employed by or be a member of a board of trustees for any Connecticut higher education institution, public or private, nor shall they be employed by or be elected officials of any public agency as defined in subdivision (1) of section 1-200, during their term of membership on the Board of Governors of Higher Education. Seven members shall be appointed by the Governor. The appointment of the other four members on or after October 1, 1991, shall be made as follows: The president pro tempore of the Senate, minority leader of the Senate, speaker of the House of Representatives and minority leader of the House of Representatives shall each appoint one member.
(b) The terms of the present members of the Board of Higher Education shall expire on February 28, 1983. On or before March 1, 1983, the appointing authorities enumerated in subsection (a) of this section shall appoint the initial members of the Board of Governors of Higher Education as follows: Four members appointed by the Governor shall serve a term of four years from said March first and three members appointed by the Governor shall serve a term of two years from said March first. One member appointed by the highest ranked member of the Senate and one member appointed by the highest ranked member of the House of Representatives who are not members of the same political party as the Governor shall serve a term of two years from said March first. One member appointed by the highest ranked member of the Senate and one member appointed by the highest ranked member of the House who are not members of the same political party as the Governor shall serve a term of four years from said March first. Thereafter all members shall be appointed for a term of four years from March first in the year of their appointment. All appointments shall be made with the advice and consent of the General Assembly, in the manner provided in section 4-19. Any vacancy in the Board of Governors of Higher Education shall be filled in the manner provided in section 4-19.
(c) The Governor shall appoint the initial chairman of the board, who shall serve for a term of two years. Thereafter, the board shall elect from its membership a chairman who shall serve for a term to be designated by the board. No chairman shall serve more than two consecutive terms. The board shall elect from its members a vice chairman and such other officers as it deems necessary. Vacancies among any officers shall be filled within thirty days following the occurrence of such vacancy in the same manner as the original selection. Said board shall establish bylaws to govern its procedures and shall appoint such committees and advisory boards as may be convenient or necessary in the transaction of its business.
(P.A. 77-573, S. 2, 30; 77-614, S. 302, 587, 610; P.A. 78-189; 78-303, S. 85, 136; P.A. 79-414; P.A. 82-218, S. 2, 46; 82-391, S. 3, 6; P.A. 84-241, S. 2, 5; P.A. 91-405, S. 2; P.A. 97-47, S. 47.)
History: P.A. 77-614 and P.A. 78-303 substituted commissioner of education for secretary of the state board of education, effective January 1, 1979; P.A. 78-189 provided that student representatives be elected, as determined by various boards of trustees by students rather than appointed by boards of trustees, and provided for filling vacancies by special election for unexpired terms; P.A. 79-414 increased number of members from twenty to twenty-one, including member appointed by accredited private occupational schools; P.A. 82-218 and P.A. 82-391 replaced appointment provisions for board of higher education with appointment provisions for board of governors, designating appointing authorities and staggered terms for members and making governor responsible for appointment of initial board chairman, reflecting reorganization of higher education system, effective March 1, 1983; Sec. 10-323a transferred to Sec. 10a-2 in 1983; P.A. 84-241 added "of higher education" to the board of governors' title; P.A. 91-405 amended Subsec. (a) to change method of appointment of the four legislative members, on or after October 1, 1991; P.A. 97-47 made a technical change in Subsec. (a).
See Sec. 4-9a for definition of "public member".
Annotation to former sections 10-323a:
Cited. 175 C. 586, 600.

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Sec. 10a-3. Advisory committee to Board of Governors of Higher Education; membership; duties. (a) There shall be a standing committee which shall serve as an advisory body to the Board of Governors of Higher Education to assist the board in performing its statutory functions. The committee shall consist of the following members: (1) One member from each of the boards of trustees of the Connecticut State University system and The University of Connecticut, two members from the Board of Trustees of the Community-Technical Colleges, one of whom shall be an alumnus of a regional technical college or shall have expertise and experience in business, labor, industry or technical occupations, and one member from a board of trustees of an independent college; (2) one member from the administrative staff of each of said constituent units, except that for the community-technical colleges there shall be two members, one of whom shall be an administrator at a former technical college, and one member from the administrative staff of an independent college; (3) one member from the faculty senate representing each of said constituent units, except that for the community-technical colleges, there shall be two faculty members, one of whom shall be a technical or technological education faculty member at a former technical college, and one member from the faculty of an independent college; (4) one student from each of said constituent units, except that for the community-technical colleges there shall be two students one of whom shall be enrolled in a technical or technological education program at a former technical college, and one student from an independent college; (5) one representative of the Board for State Academic Awards; and (6) one representative from the accredited private occupational schools of Connecticut.
(b) The members of the committee and alternates for such members shall be elected by the constituents they are to represent, in accordance with procedures established by the respective boards of trustees, except the Connecticut Conference of Independent Colleges shall serve as the appointing authority for members to represent independent colleges and the Accredited Private Occupational Schools of Connecticut shall serve as the appointing authority for its member. The alternate members of the committee may serve in the absence of the regularly elected member.
(c) The committee shall, on a rotating basis among its members, elect its own chairman and secretary and such other officers as it deems necessary, to serve for a term of two years. The committee shall be deemed to be a public agency within the scope of the Freedom of Information Act, as defined in section 1-200, and shall keep such records as may be appropriate.
(d) The committee, established pursuant to subsection (a) of this section, shall meet at least twice annually with the Board of Governors of Higher Education. Agendas shall be prepared for such meetings and shall be distributed by the board prior thereto and shall consist of matters recommended for inclusion by the chairman of the Board of Governors of Higher Education and the committee. Such meetings shall be chaired by the chairman of the Board of Governors of Higher Education and the committee members shall have the right to participate in all discussions and deliberations, but shall not have the right to vote at such meetings.
(P.A. 82-218, S. 3, 46; P.A. 83-587, S. 15, 96; P.A. 84-241, S. 2, 5; P.A. 89-260, S. 9, 41; P.A. 91-256, S. 46, 69; P.A. 92-126, S. 20, 48; P.A. 97-47, S. 30; P.A. 99-285, S. 5, 12.)
History: P.A. 82-218 effective March 1, 1983; P.A. 83-587 made a technical amendment to Subsec. (a), substituting "Connecticut State University" for "state colleges"; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 89-260 in Subsec. (a) provided that for the constituent unit of the state system of higher education under the jurisdiction of the board of trustees of the community-technical colleges there shall be two members where the other constituent units each have one member; P.A. 91-256 made technical change in Subsec. (a); P.A. 92-126 changed the descriptions of the members representing technical or technological education; P.A. 97-47 amended Subsec. (c) by substituting "the Freedom of Information Act, as defined in Sec. 1-18a" for "chapter 3"; P.A. 99-285 amended Subsec. (a)(3) to specify that the faculty members be from the faculty senate, effective July 1, 1999.

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Sec. 10a-4. Executive committee of the advisory committee. There shall be an executive committee of the standing committee established pursuant to section 10a-3, which shall serve as an advisory body to the Board of Governors of Higher Education to assist the board in carrying out its statutory functions. The executive committee shall be comprised of seven members to be elected by the standing committee, at least one of whom shall be a member of a board of trustees, one of whom shall be a member of an administrative staff, one of whom shall be a faculty member, one of whom shall be a Connecticut student from a public institution of higher education in the state and one of whom shall be a Connecticut student from an independent college or university in the state. Not more than two members so elected shall be from the same constituent unit. Except for executive sessions, the executive committee shall meet with the Board of Governors of Higher Education at all board meetings and shall have the right to participate in all discussions and deliberations, but shall not have the right to vote at such meetings.
(P.A. 82-218, S. 4, 46; P.A. 84-241, S. 2, 5; P.A. 87-256, S. 1.)
History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 87-256 increased the members of the committee from six to seven and provided that the student members be from the state and that one be from a public institution and one from an independent institution.

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Sec. 10a-4a. Priority Higher Education Facility Project Review Committee. (a) There is established a Priority Higher Education Facility Project Review Committee. The committee shall include the Secretary of the Office of Policy and Management, the State Treasurer and the Commissioner of Public Works, or their designees. The Commissioner of Public Works or his designee shall serve as chairperson.
(b) On or before October 1, 1991, and annually thereafter, each constituent unit of the state system of higher education, may submit to the committee a list of proposed priority higher education facility projects ranked in order of priority. Within sixty days following such submission, the committee shall review all such lists and approve the proposed projects as priority higher education facility projects unless (1) a project description is not substantially complete; (2) a project fails to conform to the criteria for a priority higher education facility project under section 4b-55, or (3) the Department of Public Works determines that it does not have sufficient staff resources to undertake such project under the provisions of sections 4b-58 and 4b-55a. If the Department of Public Works has insufficient staff resources to undertake all otherwise eligible projects, the committee shall approve projects in accordance with their order of priority as submitted by the constituent units.
(c) Each such constituent unit shall provide the Commissioner of Higher Education with a copy of the list of proposed priority higher education facility projects at the time of submitting the list to the committee and the commissioner may file comments and recommendations with the committee concerning such projects on each list.
(d) On or before January fifteenth and July fifteenth, annually the Priority Higher Education Facility Project Review Committee shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to education, capital bonding and government administration on the status of priority higher education facility projects.
(P.A. 91-230, S. 3, 17; P.A. 93-201, S. 7, 24.)
History: P.A. 93-201 amended Subsec. (d) to add a second report in July and to make a technical change, effective July 1, 1993.

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Sec. 10a-4b. Review of implementation of priority higher education facility project procedures. On or before December 31, 1993, the joint standing committee of the General Assembly having cognizance of matters relating to education, in consultation with the joint standing committees of the General Assembly having cognizance of matters relating to capital bonding and government administration, shall review the implementation of priority higher education facility project procedures and the status of such projects, and recommend whether to continue, expand or discontinue and repeal the procedures for priority higher education facility projects established pursuant to sections 4b-55, 4b-55a, 4b-58 and 10a-4a.
(P.A. 91-230, S. 6, 17.)

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Sec. 10a-5. (Formerly Sec. 10-323c). Appointment of commissioner. Department of Higher Education; employment of personnel. (a) The Board of Governors of Higher Education shall select and employ a Commissioner of Higher Education who shall serve at the pleasure of the board. The commissioner shall have the responsibility for implementing the policies and directives of the board and shall have additional responsibilities as the board may prescribe. Said commissioner may designate an alternate to serve as a member of any commission, foundation, or committee upon which the general statutes require said commissioner to serve. Such designee may vote on behalf of said commissioner. There shall be a Department of Higher Education which shall serve as the administrative arm of the Board of Governors of Higher Education. The department shall be under the direction of the Commissioner of Higher Education, who shall be the chief executive officer of the department and shall administer, coordinate and supervise the activities of the department in accordance with the policies established by the board.
(b) The commissioner may employ staff as is deemed necessary, including but not limited to temporary assistants and consultants. The board shall establish terms and conditions of employment of its staff, prescribe their duties, and fix the compensation of its professional and technical personnel. The Board of Governors of Higher Education shall organize or reorganize the Department of Higher Education into such units as may be necessary for the efficient conduct of the business of the department. Upon such organization or reorganization the board shall adopt regulations in accordance with the provisions of chapter 54.
(P.A. 77-573, S. 4, 30; P.A. 82-218, S. 5, 46; P.A. 84-241, S. 2, 5; P.A. 88-136, S. 15, 16, 37.)
History: P.A. 82-218 replaced provisions re board of higher education with provisions creating department of higher education and repealed obsolete Subsec. (c) re transfer of staff from commission of higher education to its successor the board of higher education, reflecting reorganization of state system of higher education, effective March 1, 1983; Sec. 10- 323c transferred to Sec. 10a-5 in 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 88-136 deleted provision in Subsec. (a) re person to initially serve as commissioner of higher education and deleted "on his behalf" and deleted in Subsec. (b) the provision re the initial staff of the department of higher education.

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Sec. 10a-6. (Formerly Sec. 10-323e). Duties of the Board of Governors of Higher Education; establishment of state-wide policy for higher education. (a) The Board of Governors of Higher Education shall: (1) Establish state-wide policy and guidelines for Connecticut's system of public higher education; (2) develop a master plan for higher education and postsecondary education, consistent with the goals in subsection (b) of this section; (3) establish state-wide tuition and student fee policies; (4) establish state-wide student financial aid policies; (5) monitor and evaluate institutional effectiveness and viability in accordance with criteria established by the board; (6) merge or close institutions in accordance with criteria established by the board provided (A) such recommended merger or closing shall require a two-thirds vote of the board and (B) notice of such recommended merger or closing shall be sent to the committee having cognizance over matters relating to education and to the General Assembly; (7) review and approve mission statements for the constituent units and role and scope statements for the individual institutions and branches thereof; (8) review and approve any recommendations for the establishment of new academic programs submitted to the board by the constituent unit boards of trustees, and, in consultation with the affected constituent units, provide for the initiation, consolidation or termination of academic programs. The Board of Governors of Higher Education shall notify the board of trustees affected by the proposed termination of an academic program. Within ninety days of receipt of such notice, said trustees shall accept or reject the termination proposal and shall notify the Board of Governors of Higher Education of its action. If the termination proposal is rejected by the trustees, the Board of Governors of Higher Education may override the rejection by a two-thirds vote; (9) develop criteria to ensure acceptable quality in programs and institutions and enforce standards through licensing and accreditation; (10) prepare and present to the Governor and General Assembly, in accordance with section 10a-8, consolidated operating and capital expenditure budgets for public higher education developed in accordance with the provisions of said section 10a-8 and section 10a-9; (11) review and make recommendations on plans received from the constituent unit boards of trustees for the continuing development and maximum utilization of the state's public higher education resources; (12) appoint advisory committees to assist in defining and suggesting solutions for the problems and needs of higher education; (13) establish an advisory council for higher education with representatives from public and private institutions to study methods and proposals for coordinating efforts of all such institutions in providing a stimulating and enriched educational environment for the citizens of the state, including measures to improve educational opportunities through alternative and nontraditional approaches such as external degrees and credit by examination; (14) coordinate programs and services throughout public higher education and between public and independent institutions, including procedures to evaluate the impact on independent institutions of higher education of proposals affecting public institutions of higher education; (15) make or enter into contracts, leases or other agreements in connection with its responsibilities under this part, provided all acquisitions of real estate by lease or otherwise shall be subject to the provisions of section 4b-23; (16) be responsible for the care and maintenance of permanent records of institutions of higher education dissolved after September 1, 1969; (17) prepare and present to the Governor and General Assembly legislative proposals affecting public higher education, including proposals which utilize programs and facilities of independent institutions of higher education; (18) develop and maintain a central higher education information system and establish definitions and data requirements for the state system of higher education; and (19) undertake such studies and other activities as will best serve the higher educational interests of the state.
(b) Within the limits of authorized expenditures, the policies of the state system of higher education shall be consistent with the following goals: (1) To ensure that no qualified person be denied the opportunity for higher education on the basis of age, sex, ethnic background or social, physical or economic condition, (2) to protect academic freedom, (3) to provide opportunities for education and training related to the economic, cultural and educational development of the state, (4) to assure the fullest possible use of available resources in public and private institutions of higher education, (5) to maintain standards of quality ensuring a position of national leadership for state institutions of higher education, (6) to apply the resources of higher education to the problems of society, and (7) to foster flexibility in the policies and institutions of higher education to enable the system to respond to changes in the economy, society, technology and student interests. Said board shall review recent studies of the need for higher education services, with special attention to those completed pursuant to legislative action, and to meet such needs shall initiate additional programs or services through one or more of the constituent units.
(c) Repealed by P.A. 83-533, S. 53, 54.
(d) The Board of Governors shall request and receive, or be provided electronic access to, data, reports and other information from the constituent units of higher education that is necessary for the board to carry out its responsibilities pursuant to this section.
(P.A. 77-573, S. 6, 30; P.A. 79-418; P.A. 82-218, S. 6, 46; P.A. 83-533, S. 53, 54; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 1, 16; 91-230, S. 10, 17; 91-256, S. 10, 69; P.A. 92-126, S. 5, 48; 92-154, S. 9, 23; P.A. 99-285, S. 3, 12.)
History: P.A. 79-418 amended Subsec. (d) to make provisions applicable to eligible employees regardless of employment date, provisions previously applicable to eligible employees "employed on or after October 1, 1975"; P.A. 82-218 repealed authority of board of higher education in Subsec. (a) and delineated powers and duties of board of governors and repealed Subsec. (c) which contained elements of a master plan for higher education, reflecting reorganization of state system of higher education, effective March 1, 1983; Sec. 10-323e transferred to Sec. 10a-6 in 1983; P.A. 83-533 repealed former Subsec. (c) which had permitted board to authorize participation in an alternate retirement program by unclassified employees of state system of higher education and higher education department staff; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 91-174 amended Subsec. (a) by adding the language in Subdivs. (15) and (18) pertaining to independent institutions; P.A. 91-230 in Subsec. (a) removed former Subdiv. (11) concerning responsibility for reviewing and approving capital expenditure requests from the constituent units before submission to the state bond commission, renumbered remaining Subdivs. and in newly renumbered Subdiv. (11) changed "approve" to "make recommendations on"; P.A. 91-256 in Subsec. (a)(12) changed "approve" to "make recommendations on"; P.A. 92-126 and P.A. 92-154 both amended Subdiv. (6) of Subsec. (a) to remove the authority of the general assembly to accept or reject a recommended merger or closing; P.A. 99-285 added Subsec. (d) re electronic access, effective July 1, 1999.
Annotation to former section 10-323e:
Cited. 175 C. 586, 601.

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Sec. 10a-6a. Higher Education Coordinating Council. Duties. (a) There is established a Higher Education Coordinating Council composed of: The chairmen of the boards of trustees and the chief executive officers of each constituent unit of the state system of higher education, the Secretary of the Office of Policy and Management and the Commissioners of Higher Education and Education.
(b) The council shall (1) identify, examine and implement savings in administrative functions carried out by the higher education system, including, but not limited to, methods to simplify and reduce duplication in the administrative functions of each constituent unit, and (2) develop accountability measures for each constituent unit and each public institution of higher education in accordance with section 10a-6b.
(P.A. 92-126, S. 4, 48; P.A. 99-285, S. 1, 12.)
History: P.A. 99-285 amended Subsec. (a) to add the Secretary of the Office of Policy and Management, amended Subsec. (b) to designate the existing Subsec. as Subdiv. (1), to add the provision in Subdiv. (1) re duplication in administrative functions, to add Subdiv. (2) re accountability measures, and to delete Subsec. (c) re plan and report on creation of college of technology, effective July 1, 1999.

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Sec. 10a-6b. Accountability measures. Reports. (a) The accountability measures developed by the Higher Education Coordinating Council pursuant to subsection (b) of section 10a-6a shall be used by the Department of Higher Education and each constituent unit of higher education in assessing the constituent unit's progress toward meeting the following goals to: (1) Enhance student learning and promote academic excellence; (2) join with elementary and secondary schools to improve teaching and learning at all levels; (3) ensure access to and affordability of higher education; (4) promote the economic development of the state to help business and industry sustain strong economic growth; (5) respond to the needs and problems of society; and (6) ensure the efficient use of resources. The council shall develop an implementation plan for use of the accountability measures.
(b) In developing the measures pursuant to subsection (a) of this section, the council shall consider graduation rates, student retention rates, tuition and fees, student financial need and available aid, trends in enrollment and the percentage of incoming students who are state residents, strategic plans pursuant to section 10a-11, data on graduates by academic program, faculty productivity, and any other factor that it deems relevant. In considering faculty productivity measures, the council shall consult with the committee established under section 10a-3.
(c) The council shall submit the accountability measures to the Board of Governors of Higher Education for the board's review and approval. Once the measures are approved, each constituent unit shall provide the data to the department that is necessary for purposes of applying the measures.
(d) The Commissioner of Higher Education, on behalf of the council, shall report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the accountability measures and the implementation plan developed pursuant to this section by February 1, 2000. The report shall include recommendations: (1) For any statutory changes needed for purposes of assessing the constituent units and public institutions of higher education based on the accountability measures; (2) to clarify and streamline planning and accountability reporting requirements of the constituent units and public institutions of higher education; (3) concerning goals, actions to achieve such goals and analysis of performance; and (4) for options to revise budgeting policies and programs to meet accountability goals and measures as outlined in subsections (a) and (b) of this section.
(e) The Commissioner of Higher Education shall develop, in concurrence with the Higher Education Coordinating Council, an accountability report prototype. Upon review and approval by the Board of Governors of Higher Education, the commissioner shall submit the report prototype to the joint standing committee of the General Assembly having cognizance of matters relating to education by October 1, 2000. The report prototype shall include accountability measures developed and approved under this section for which data collection mechanisms exist as determined by the commissioner.
(f) Each constituent unit of higher education shall submit to the Commissioner of Higher Education its first accountability report by January 1, 2001. The commissioner shall compile and consolidate the reports. The commissioner shall submit, in accordance with section 11-4a, an accountability report that covers the state system of higher education and each constituent unit and public institution of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to education by February 1, 2001. The report shall include baseline data for the accountability measures developed under this section for which data collection mechanisms exist and comparable peer data, as determined by the commissioner after consultation with the Higher Education Coordinating Council and reviewed and approved by the Board of Governors of Higher Education. The report shall also include a timeline for the collection of data and reporting of the remaining accountability measures and for the identification of performance improvement targets.
(P.A. 99-285, S. 2, 12; P.A. 00-220, S. 24, 25, 38, 43.)
History: P.A. 99-285 effective July 1, 1999; P.A. 00-220 made technical changes in Subsecs. (a) and (d) and added Subsecs. (e) and (f) re report prototype and accountability reports, respectively, effective July 1, 2000.

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Sec. 10a-7. Applicability of chapter 54 to the Board of Governors of Higher Education. (a) The provisions of chapter 54 shall be applicable to the Board of Governors of Higher Education, subject to the provisions of subsection (b) of this section.
(b) Policies, guidelines and criteria established by the board pursuant to section 10a-6 shall not be deemed to be regulations as defined in section 4-166, provided they are promulgated after reasonable opportunity has been provided for interested persons to present their views and, provided further, that such policies, guidelines and criteria remain subject to section 4-175.
(P.A. 82-218, S. 35, 46; P.A. 84-241, S. 2, 5.)
History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title.

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Sec. 10a-8. (Formerly Sec. 10-323f). Budget preparation. Development of program or formula-based budgeting system. Allocation of appropriations. Allotment reductions. Transfer of funds. (a) The provisions of sections 4-77 and 4-78 shall not apply to the constituent units of the state system of higher education, and for the purposes of said sections only, the Board of Governors of Higher Education shall be deemed the budgeted agency for such constituent units. The Board of Governors of Higher Education shall develop a formula or program-based budgeting system to be used by each institution and constituent board in preparing operating budgets. The Board of Governors of Higher Education shall prepare a single public higher education budget request itemized by the individual institution and branch using the formula or program-based budgeting system and shall submit such budget request displaying all operating funds to the Secretary of the Office of Policy and Management in accordance with sections 4-77 and 4- 78, subject to procedures developed by the Board of Governors of Higher Education and approved by said secretary. The budget request of the Boards of Trustees of The University of Connecticut, the Community-Technical Colleges and the Connecticut State University System shall set forth, in the form prescribed by the Board of Governors of Higher Education, a proposed expenditure plan which shall include: (1) The total amount requested for such appropriation account; (2) the amount to be appropriated from the General Fund and (3) the amount to be paid from the tuition revenues of The University of Connecticut, the regional community-technical colleges, and the Connecticut State University system. After review and comment by the Board of Governors of Higher Education, the proposed expenditure plans shall be incorporated into the single public higher education budget request including recommendations, if any, by said board. Any tuition increase proposed by the Boards of Trustees of The University of Connecticut, the Community-Technical Colleges and the Connecticut State University System for the fiscal year to which the budget request relates shall be included in the single public higher education budget request submitted by the Board of Governors of Higher Education for such fiscal year, provided if the General Assembly does not appropriate the amount requested by any such board of trustees, such board of trustees may increase tuition and fees by an amount greater than that included in the budget request in response to which the appropriation was made. The General Assembly shall make appropriations directly to the constituent unit boards. Said constituent unit boards shall allocate appropriations to the individual institutions and branches with due consideration to the program or formula-based budget used to develop the appropriation as approved by the General Assembly or as otherwise specified in the approved appropriation. Allotment reductions made pursuant to the provisions of subsections (b), (c), and (f) of section 4-85 shall be applied by the Board of Governors of Higher Education among the appropriations to the constituent unit boards without regard to the limitations on reductions provided in said section, except that said limitations shall apply to the total of the amounts appropriated to the higher education budgeted agencies. The Board of Governors of Higher Education shall apply such reductions after consultation with the Secretary of the Office of Policy and Management and the constituent unit boards. Any reductions of more than five per cent of the appropriations of any constituent units shall be submitted to the appropriations committee which shall, within ten days, approve or reject such reduction.
(b) The boards of trustees of each of the constituent units may transfer to or from any specific appropriation of such constituent unit a sum or sums totaling up to fifty thousand dollars or ten per cent of any such specific appropriation, whichever is less, in any fiscal year without the consent of the Finance Advisory Committee. Any such transfer shall be reported to the Finance Advisory Committee within thirty days of such transfer and such report shall be a record of said committee.
(P.A. 77-573, S. 7, 30; P.A. 80-213; P.A. 81-468, S. 3, 11; P.A. 82-218, S. 27, 46; P.A. 83-380, S. 1, 2; P.A. 84-241, S. 2, 5; 84-365, S. 5, 12; P.A. 89-260, S. 10, 41; P.A. 91-256, S. 11, 69; P.A. 92-126, S. 21, 48; P.A. 95-230, S. 26, 45; P.A. 96-244, S. 44, 63.)
History: P.A. 80-213 amended Subsec. (c) to make ten thousand, rather than five thousand dollars the key amount in provisions re transferred funds; P.A. 81-468 required submission of budget request to secretary of the office of policy and management, replacing obsolete reference to director of the budget and added provision detailing contents of expenditure plan and budget request; P.A. 82-218 reorganized state system of higher education, replacing board of higher education with board of governors and adding provisions in Subsec. (b) re budget request and appropriations procedures, effective March 1, 1983; Sec. 10-323f transferred to Sec. 10a-8 in 1983; P.A. 83-380 amended Subsec. (c) to increase amounts allowed to be transferred to or from any specific appropriation of a constituent unit from ten thousand to fifty thousand dollars or ten per cent of any such specific appropriation, whichever is less; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 84-365 deleted subsec. (a) re preparation of single public higher education budget for the fiscal year commencing July 1, 1984, and amended new Subsec. (a), formerly (b), to require the boards of trustees of the regional community colleges, the state technical colleges, Connecticut State University and The University of Connecticut to prepare a proposed expenditure plan to be incorporated into the single public higher education budget request, relettering remaining Subsecs. as necessary; P.A. 89-260 in Subsec. (a) substituted the board of trustees of the community-technical colleges for the boards of trustees of the regional community colleges and the state technical colleges and substituted "regional technical colleges" for "state technical colleges"; P.A. 91-256 deleted requirement that the expenditure plans be approved by the board of governors and substituted provision for comment and recommendations by the board and made technical changes; P.A. 92-126 replaced references to community colleges and technical colleges with reference to community-technical colleges; P.A. 95-230 amended Subsec. (a) to add proviso if appropriation by the General Assembly is not the amount requested, the board of trustees may increase tuition and fees by a greater amount than that included in the budget request, effective June 7, 1995; P.A. 96-244 amended Subsec. (a) to apply to all boards of trustees the provision concerning the authority to increase tuition and fees when the General Assembly does not appropriate the amount requested by the board and made a technical change, effective June 6, 1996.

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Sec. 10a-8a. Academic Library Accountability Committee. There is established an Academic Library Accountability Committee. The committee shall be composed of the directors of the libraries at the public institutions of higher education. The committee shall advise the Commissioner of Higher Education and the joint standing committees of the General Assembly having cognizance of matters relating to education and appropriations and the budgets of state agencies on library policies, programs, services, budgets and on the approval of new academic programs which would require additional library resources.
(P.A. 92-120, S. 2, 3.)

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Sec. 10a-8b. Higher Education State Matching Grant Fund. There is established a Higher Education State Matching Grant Fund to be administered by the Department of Higher Education. Moneys required to be appropriated by the state for purposes of the state match of endowment fund eligible gifts under subdivision (2) of subsection (a) of section 10a-143a, subdivision (2) of subsection (a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-99a and subdivision (2) of subsection (b) of section 10a-109i shall be deposited in the fund. The fund shall be held separate and apart from all other funds and accounts of the state and the department. The Department of Higher Education shall transfer, in accordance with said subdivisions, from the fund amounts each fiscal year for deposit in the endowment funds established for the benefit of each constituent unit pursuant to subdivision (1) of subsection (a) of section 10a-143a, subdivision (1) of subsection (a) of section 10a-77a, subdivision (1) of subsection (a) of section 10a-99a and subdivision (1) of subsection (b) of section 10a-109i. The amount transferred shall be certified based on agreed upon procedures developed by an independent certified accountant or, upon request, the Auditors of Public Accounts to determine compliance with this section. Such procedures shall be mutually agreed upon by each constituent unit and the Department of Higher Education prior to commencement of the certification. State matching funds shall be maintained in such manner that such funds and any earnings derived from such funds may be accounted for fully.
(P.A. 97-293, S. 1, 26; P.A. 98-252, S. 48, 80; P.A. 99-285, S. 4, 12.)
History: P.A. 97-293 effective July 1, 1997; P.A. 98-252 added requirement for the amount transferred to be certified based on agreed upon procedures, effective July 1, 1998; P.A. 99-285 added the requirement that the matching funds be maintained in such manner that such funds and earnings derived from such funds may be accounted for fully, effective July 1, 1999.

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Sec. 10a-9. Development of planning, budgeting and management information system. The Board of Governors of Higher Education established pursuant to section 10a-2, in consultation with the Office of Policy and Management, the constituent units and others as appropriate, shall develop a comprehensive planning, budgeting and management information system for public higher education. The Department of Higher Education shall develop a three-part planning process which shall consist of the following elements:
(1) Five-year operating plans updated annually, which shall be based on an assessment of state and local educational needs, projections of costs and revenues, state-wide and regional enrollment patterns, full and part-time student mix, program demand and such other factors as may be appropriate. The board of trustees of each constituent unit shall collect and provide data for each institution under its jurisdiction and shall assess such information for use in the development of the five-year operating plan and its annual updates.
(2) Five-year facility and capital plans, updated annually, which shall be based on ten-year demographic and fiscal trends and the educational requirements of the system including the utilization of existing facilities and the need for new facilities. The board of trustees of each constituent unit shall submit to the Board of Governors of Higher Education a prioritized list of capital projects based on the facility planning and capital expenditure needs of the institutions under its jurisdiction, to be reviewed and included, with such recommendations as may be made by the board of governors, in the five-year facilities and capital plan.
(3) Criteria which shall identify, and a special plans procedure which, on consultation with the institution and constituent unit involved, shall resolve serious organizational and operational weaknesses at an institution within the state system of higher education.
(P.A. 82-218, S. 28, 46; P.A. 84-241, S. 2, 5; P.A. 91-230, S. 11, 17.)
History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 91-230 in Subdiv. (2) changed "considered for inclusion" to "included with such recommendations as may be made by the board of governors" and removed obsolete language.

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Sec. 10a-9a. Task force to develop higher education management information and student information system. There is established a task force to assist the Department of Higher Education and the constituent units of the state system of higher education in developing an integrated, commonly-linked higher education management information and student information system and plan to (1) establish common standards and data requirements for the state system of higher education and (2) promote single site information processing, resource and application sharing, and coordinated annual data processing acquisitions. The task force shall consist of the chief executive officers of the constituent units of the state system of higher education, or their designees, the chief data processing officers of the Department of Higher Education, The University of Connecticut, the Connecticut State University system, the regional community-technical college system and each institution in the Connecticut State University system and the Secretary of the Office of Policy and Management, or his designee.
(P.A. 92-126, S. 6, 48.)

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Sec. 10a-10. Office of Educational Opportunity. The Board of Governors of Higher Education shall establish an Office of Educational Opportunity in the Department of Higher Education, within the limits of funds appropriated for such purpose. The office shall assist the board in state-wide efforts to increase enrollment, retention and graduation of disadvantaged students and to help ensure that faculties, administrators and other staff of the state's institutions of public higher education are representative of the diversity of the total population of the state.
(P.A. 82-218, S. 42, 46; P.A. 84-241, S. 2, 5.)
History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title.

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Sec. 10a-10a. Alternate route to certification for bilingual education teachers and teachers of English as a second language. The Board of Governors of Higher Education shall develop, within available appropriations, an alternate route to certification for persons seeking certification as bilingual education teachers and teachers of English as a second language.
(P.A. 99-211, S. 5, 10.)
History: P.A. 99-211 effective July 1, 1999.

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Sec. 10a-11. Strategic plan to ensure racial and ethnic diversity. Minority advancement program. (a) The Board of Governors of Higher Education shall, in consultation with the institutions of the state system of higher education and the constituent unit boards of trustees, develop a strategic plan, consistent with the affirmative action plan submitted to the Commission on Human Rights and Opportunities, to ensure that students, faculty, administrators and staff at each institution are representative of the racial and ethnic diversity of the total population of the state. For each institution there shall be an approved plan which shall include goals, programs and timetables for achieving those goals, and a procedure to monitor annually the results of these programs and a procedure to take corrective action if necessary. The Board of Governors of Higher Education shall also develop policies to guide affirmative action officers and programs in all constituent units and at each institution of public higher education.
(b) The Board of Governors of Higher Education shall report annually to the Governor and General Assembly on the activities undertaken by the board in accordance with subsection (a) of this section. The report shall include institutional goals and plans for attaining such goals, as well as changes in enrollment and employment at the state's institutions of public higher education. If it is determined that an institution has failed to achieve the goals set out pursuant to this section, such institution shall develop a plan of corrective procedures to ensure that such goals are achieved, subject to the approval of the Board of Governors of Higher Education. The Board of Governors of Higher Education may establish a minority advancement program to reward and support efforts by institutions within the state system of higher education towards meeting the goals established in the strategic plan developed pursuant to subsection (a) of this section.
(P.A. 82-218, S. 43, 46; P.A. 84-241, S. 2, 5; P.A. 86-385, S. 1, 3.)
History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 86-385 amended Subsec. (b) to authorize establishment of minority advancement program.

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Sec. 10a-11a. Connecticut college awareness and preparation program. (a) As part of the minority advancement program the Board of Governors of Higher Education shall establish a Connecticut collegiate awareness and preparation program to develop linkages with public school systems targeted by the board of governors for the purpose of providing motivation and skills development for middle school or high school underachievers.
(b) Funding for said program shall be on a competitive basis open to all Connecticut institutions of higher education. The Department of Higher Education shall issue a request for proposals to all Connecticut higher educational institutions. A panel shall review applications on the basis of an evaluation format developed by said department. Payment will be made under contractual agreements between the department and the grant recipients.
(P.A. 86-385, S. 2, 3; P.A. 87-336, S. 2, 3.)
History: P.A. 87-336 substituted "collegiate" for "college" in Subsec. (a).

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Sec. 10a-12. (Formerly Sec. 10-324f). Office of Veterans Affairs for Higher Education. There shall be an Office of Veterans Affairs for Higher Education within the Department of Higher Education. Said office shall assist veterans seeking a postsecondary education by providing administrative services for veteran affairs programs, including but not limited to: (1) Promoting a comprehensive state-wide outreach program which coordinates existing funds and programs, (2) collecting and disseminating information on the availability of public and private funds for educational programs for veterans, (3) advising and counseling organizations and institutions applying for funds to aid veterans in their pursuit of higher education, and (4) acting as a clearinghouse for such other information as may be helpful to veterans seeking a postsecondary education.
(P.A. 77-573, S. 9, 30; P.A. 82-218, S. 38, 46.)
History: P.A. 82-218 reorganized state system of higher education, here used as authority for replacing board of higher education with department of higher education, effective March 1, 1983; Sec. 10-324f transferred to Sec. 10a-12 in 1983.

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Sec. 10a-12a. Technical Education Coordinating Council. There shall be a Technical Education Coordinating Council. The council shall consist of the following members: The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to education and commerce, or their designees; the Commissioners of Higher Education and Economic and Community Development and the Labor Commissioner or their designees; the chief executive officers of each constituent unit of the state system of higher education, or their designees; the president of the Connecticut Conference of Independent Colleges; the superintendent of the vocational-technical school system; one member who is a teacher at a regional vocational-technical school designated by the exclusive representative of the vocational- technical school teachers' bargaining unit; two members who are parents of students enrolled in vocational-technical schools designated by the vocational-technical schools parents' association; one member representing each of the economic clusters identified pursuant to section 32-4g designated by the Commissioner of Economic and Community Development; one member designated by the Connecticut Business and Industry Association; one member designated by the Manufacturing Assistance Council; and one member designated by the Connecticut Technology Council. The cochairperson of the joint standing committee of the General Assembly having cognizance of matters relating to education, or their designees, shall jointly convene a meeting of the council not later than October 1, 1998. The council shall meet at least six times a year to review and evaluate the coordinated delivery of technical and technological education to meet the employment needs of business and industry. The council shall also explore ways to: (1) Encourage students to pursue technical careers, including the development or expansion of alternative training methods that may improve the delivery and accessibility of vocational-technical training; (2) ensure a successful transition for students from the regional vocational-technical schools to post secondary education; and (3) improve public awareness regarding manufacturing careers. On or before January 1, 1999, and annually thereafter, the Commissioner of Education shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to education and commerce on the activities of the council in the prior year.
(P.A. 89-260, S. 16, 41; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 98-252, S. 72, 80.)
History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development (Revisor's note: A reference to "Commissioners of Higher Education, Labor and Economic and Community Development" was replaced editorially by the Revisors with "Commissioners of Higher Education and Economic and Community Development and the Labor Commissioner" for consistency with customary statutory usage); P.A. 98-252 expanded the membership of the council, required the first meeting of the expanded council to be called by cochairpersons of education committee, expanded the duties of the council by adding Subdivs. (1) to (3), inclusive, removed obsolete language, and required report to commerce committee, effective July 1, 1998.

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Sec. 10a-12b. Award for excellence in science and technology. The Board of Governors of Higher Education shall establish a Connecticut award for excellence in science and technology. The award shall be presented annually and shall recognize scholarly accomplishment in science and technology. The Connecticut Academy of Science and Engineering shall appoint a panel to select the recipient of the award.
(P.A. 91-51.)

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Sec. 10a-13. (Formerly Sec. 10-323g). Receipt of funds by board. The Board of Governors of Higher Education may receive any federal funds made available to the board for postsecondary educational purposes and may receive funds from private sources for the support of said board's activities.
(P.A. 79-169, S. 1, 2; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)
History: P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-323g transferred to Sec. 10a-13 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

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Sec. 10a-14. (Formerly Sec. 10-324g). Postsecondary education commission for receipt of federal funds. The Department of Higher Education shall be designated the State Postsecondary Education Commission to plan postsecondary education and to receive and administer federal funds.
(P.A. 77-573, S. 10, 30; P.A. 82-218, S. 38, 46; P.A. 88-136, S. 17, 37.)
History: P.A. 82-218 replaced board of higher education with department of higher education pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-324g transferred to Sec. 10a-14 in 1983; P.A. 88-136 deleted reference to "Section 1202(a) of Public Law 92-318, Education Amendments of 1972".

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Sec. 10a-15. (Formerly Sec. 10-324e). Tuition and fee schedules. The Board of Governors of Higher Education may initiate and shall, pursuant to sections 10a-77 and 10a-99 and subsection (a) of section 10a-105, review and make recommendations on changes in tuition and fee schedules of the constituent units of the state system of higher education. On or before January 1, 1992, the Department of Higher Education shall recommend to the joint standing committee of the General Assembly having cognizance of matters relating to education a minimum proportion of educational costs which shall be supported by tuition and fees at each constituent unit of the state system of higher education.
(P.A. 77-573, S. 8, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 3, 16; P.A. 92-126, S. 34, 48.)
History: P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-324e transferred to Sec. 10a-15 in 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 91-174 changed "approve" to "review and make recommendations on" and added the provision concerning a recommendation by the department to the committee of the general assembly re proportion of educational costs to be supported by tuition and fees; P.A. 92-126 removed a reference to repealed Sec. 10a-83.
Annotation to former section 10-324e:
Cited. 175 C. 586, 601.

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Sec. 10a-16. Adoption of regulations re granting of tuition waiver. The Board of Governors of Higher Education shall adopt regulations in accordance with the provisions of chapter 54 for determining financial need for tuition waivers granted pursuant to subsection (e) of section 10a-77, section 10a-99 and subsection (f) of section 10a- 105. Such regulations shall prohibit the designation of graduate students as graduate assistants solely to provide tuition and fee waivers.
(P.A. 82-218, S. 37, 46; 82-463, S. 5, 7; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 4, 16; 91-303, S. 5, 22; P.A. 92-126, S. 35, 48.)
History: P.A. 82-218 replaced board of higher education, cited in P.A. 82-463, with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 91-174 prohibited designation of graduate assistants solely to provide tuition and fee waivers; P.A. 91-303 made a technical change; P.A. 92-126 removed a reference to repealed Sec. 10a-83.

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Sec. 10a-17. (Formerly Sec. 10-324h). Program research and development. Training of educational personnel. The Department of Higher Education shall (a) be responsible for obtaining information on new programs and methods of education that are being developed in the public schools and colleges of the state and nation, keeping such records current and publicizing information concerning these programs; and (b) encourage and aid in the development of new and improved programs and methods of education in order to recruit, prepare and train or retrain personnel needed in such programs.
(P.A. 77-573, S. 15, 30; P.A. 82-218, S. 38, 46.)
History: P.A. 82-218 replaced board of higher education with department of higher education for purposes of this section pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-324h transferred to Sec. 10a-17 in 1983.

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Sec. 10a-17a. Institute for effective teachers. Section 10a-17a is repealed.
(May Sp. Sess. P.A. 86-1, S. 46, 58; P.A. 91-208, S. 10, 11.)

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Sec. 10a-17b. Help and Opportunity to Pursue Education (HOPE) program. (a) The Department of Higher Education may, within the limits of available appropriations, administer a Help and Opportunity to Pursue Education (HOPE) program to assist public or private nonprofit agencies or organizations which encourage and provide tutoring for eligible students to maintain satisfactory academic progress in elementary and secondary schools, to enroll in a postsecondary institution of higher education and to graduate from such institution.
(b) "Eligible student" means a student who: (1) Is from a family that is at or below one hundred thirty per cent of the federal poverty level; (2) is a resident of Connecticut and has a parent or guardian who is domiciled in this state; and (3) is enrolled as a seventh-grade student in a Connecticut public or independent nonprofit school. Eligible students maintain their eligibility (A) by maintaining continuous residency in Connecticut and continuous enrollment in a Connecticut public or independent nonprofit school from seventh grade through graduation from secondary school, (B) by enrolling as a full-time student at a public or independent institution of higher education in Connecticut, and (C) by retaining good academic standing and full-time status as defined by the Department of Higher Education.
(May Sp. Sess. P.A. 94-6, S. 18, 28.)
History: May Sp. Sess. P.A. 94-6 effective July 1, 1994.

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Sec. 10a-17c. Acceptance of funds for HOPE program. The Department of Higher Education may seek, accept and approve donations of funds from any source, including private business, industry, foundations and other groups or individuals as well as any governmental funding available for the purposes of sections 10a-17b to 10a-17d, inclusive.
(May Sp. Sess P.A. 94-6, S. 19, 28.)
History: May Sp. Sess. P.A. 94-6 effective July 1, 1994.

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Sec. 10a-17d. Provision of tutors for eligible students. The Department of Higher Education may, within the limits of available appropriations, federal funds available under the National Service Act and any other funds available, assist in providing tutors for eligible students. Such tutors may be members of the National Service Corps, as designated by the Department of Higher Education, or students at a public or independent institution of higher education in Connecticut. Any student assigned as a tutor pursuant to sections 10a-17b to 10a-17d, inclusive, shall receive academic credit pursuant to section 10a-149b.
(May Sp. Sess P.A. 94-6, S. 20, 28.)
History: May Sp. Sess. P.A. 94-6 effective July 1, 1994.

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Sec. 10a-18. (Formerly Sec. 10-324i). Programs to be offered on effects of drugs and alcohol. On and after September 1, 1974, all state institutions of higher education shall offer a program of information concerning drugs, as defined in subdivision (17) of section 21a-240, and alcohol and instruction in the use and the relationships of such drugs and alcohol to health and personality development, and in procedures for discouraging their abuse, which programs shall be coordinated with those developed under section 10-19.
(P.A. 78-218, S. 21; P.A. 87-499, S. 23, 34.)
History: Sec. 10-324i transferred to Sec. 10a-18 in 1983 pursuant to reorganization of higher education system; P.A. 87-499 eliminated requirement that a person pass an examination in drugs and alcohol in order to receive a certificate to teach or supervise.

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Sec. 10a-19. (Formerly Sec. 10-327a). Disputes between governing boards. Upon the written request of one of the boards of trustees authorized to administer the various phases of public higher education enumerated in section 10a-149 alleging a dispute, disagreement or conflict with another such board or boards about providing higher education services or activities, the Board of Governors of Higher Education, in accordance with procedures which it shall adopt and publish, shall hold a hearing or hearings. The findings of said board shall be binding upon said boards of trustees unless modified by subsequent legislative action.
(P.A. 77-573, S. 19, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)
History: P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-327a transferred to Sec. 10a-19 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.
Annotation to former section 10-327a:
Cited. 175 C. 586, 601.

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Sec. 10a-19a. Advisory Council on Student Transfer and Articulation. (a) The Commissioner of Higher Education, in consultation with the Higher Education Coordinating Council established in section 10a-6a, shall establish a State-wide Advisory Council on Student Transfer and Articulation to maximize the transferability of course credits. The advisory council shall consider (1) core courses, to be approved by the boards of trustees of all public institutions of higher education, for which a student may transfer credit toward major courses of study or degree and other completion requirements at any institution within the state system of higher education, (2) student transfer and articulation agreements for approval by the boards of trustees of each constituent unit of the state system of higher education, (3) procedures to improve the availability of information and student counseling with respect to student transfer and articulation, including access to a shared automated information system and (4) procedures to resolve constituent unit to constituent unit and institution to institution student transfer and articulation disputes. The advisory council shall consist of the chief academic officers of each constituent unit, or their designees, teaching faculty and students of public institutions of higher education and the institutional transfer coordinators of each public institution of higher education. In addition, the advisory council shall include, as nonvoting ex-officio members, two representatives of independent institutions of higher education appointed by the Connecticut Conference of Independent Colleges, at least one of whom shall be a campus administrator responsible for student transfer and articulation. The Commissioner of Higher Education, or his designee, shall convene and serve as chairperson of the advisory council.
(b) On or before January 1, 1996, and annually on or before January first thereafter, the State-wide Advisory Council on Student Transfer and Articulation shall report, in accordance with the provisions of section 11-4a, concerning its activities to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education.
(P.A. 91-174, S. 13, 16; P.A. 95-148, S. 1, 2.)
History: P.A. 95-148 required that the Commissioner of Higher Education consult with Higher Education Coordinating Council in establishing advisory council, revised the membership of advisory council, changed its duties and changed the date for the report from January 1, 1992, to January 1, 1996, effective June 27, 1995.

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Sec. 10a-20. (Formerly Sec. 10-327e). Jurisdiction over professional staffs of the state system of higher education. Personnel guidelines. Notwithstanding the provisions of any general statute or special act to the contrary, the selection, appointment, assignment of duties, amount of compensation, sick leave, vacation, leaves of absence, termination of service, rank and status of the individual members of the respective professional staffs of the system of higher education shall be under the sole jurisdiction of the respective boards of trustees within available funds. The Board of Governors of Higher Education shall, in consultation with the Boards of Trustees of the Community- Technical Colleges and the Connecticut State University System and the Board for State Academic Awards, develop personnel guidelines for the central office staffs of said boards of trustees. The Board of Governors of Higher Education and the constituent unit boards shall each determine who constitutes the professional staffs of their respective units and establish compensation and classification schedules for their professional staffs. Each constituent board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff.
(P.A. 77-573, S. 14, 30; 77-614, S. 67, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-218, S. 41, 46; P.A. 83-587, S. 16, 96; P.A. 84-241, S. 2, 5; P.A. 88-136, S. 18, 37; P.A. 89-260, S. 11, 41; P.A. 91-256, S. 47, 69.)
History: P.A. 77-614 and P.A. 78-303 substituted commissioner of administrative services for personnel policy board; P.A. 82-218 reorganized system of higher education adding provisions re development of personnel guidelines for the central office staffs, effective March 1, 1983; Sec. 10-327e transferred to Sec. 10a-20 in 1983; P.A. 83-587 substituted "Connecticut State University" for "state colleges"; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 88-136 deleted obsolete requirement that the board of governors submit personnel guidelines to the general assembly no later than January 15, 1984; P.A. 89-260 substituted the board of trustees of the community-technical colleges for the boards of trustees of the regional community colleges and state technical colleges; P.A. 91-256 made a technical change.
Annotation to former section 10-327e:
Cited. 175 C. 586, 602.

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Sec. 10a-20a. Endowed Chair Investment Fund. (a) The Board of Governors of Higher Education may establish and administer a fund to be known as the Endowed Chair Investment Fund. Within the limits of funds available, the board may deposit state funds for an endowed chair approved under subsection (c) of this section to an account within said fund in an amount not less than five hundred thousand dollars.
(b) State funds deposited by the board of governors to the Endowed Chair Investment Fund shall be invested by the State Treasurer.
(c) The Board of Trustees of The University of Connecticut and the Board of Trustees of the Connecticut State University System may apply for the establishment of an endowed chair to be supported by a grant of not less than five hundred thousand and not more than one million dollars from the Endowed Chair Investment Fund and a matching nonstate contribution. Applications for endowed chairs shall be accepted on October first and April first in each year in which funds are available. To apply for the state grant, the board of trustees shall notify the board of governors that it has raised a matching nonstate contribution and that it is eligible for a grant of state funds to establish an endowed chair in a specific academic discipline. The board of trustees shall submit for the board's review and approval evidence that the chair will be established in a center of excellence, as defined in subsection (b) of section 10a-25h.
(d) Following approval of state funding for an endowed chair by the board of governors, the board of trustees of the institution at which the chair is established shall select candidates to fill the endowed chair and shall develop a budget for expenditures associated with the chair.
(e) Interest income earned under subsection (b) of this section shall be deposited to the Endowed Chair Investment Fund and, following establishment of an endowed chair under subsection (c) of this section shall be allocated, upon request, to The University of Connecticut or to the Connecticut State University system, as appropriate, to support the endowed chair. Nonstate matching contributions shall be held by a duly established foundation of The University of Connecticut or the Connecticut State University system and the interest on such contributions shall be used to support the endowed chair.
(f) The boards of trustees shall submit annual reports to the board of governors concerning endowed chair expenditures.
(P.A. 85-565, S. 1, 3; P.A. 88-38, S. 1, 2; P.A. 91-256, S. 48, 69; P.A. 94-245, S. 6, 46; P.A. 97-293, S. 15, 26; P.A. 00-187, S. 24, 75.)
History: P.A. 88-38 deleted requirement in Subsec. (b) that funds be invested through the short term investment fund; P.A. 91-256 made technical changes; P.A. 94-245 amended Subsec. (e) to allow for allocation of interest income "upon request" rather than "annually"; P.A. 97-293 amended Subsec. (a) to substitute "funds available" for "appropriations" and amended Subsec. (c) to change "a grant of five hundred thousand" to "a grant of not less than five hundred thousand and not more than seven hundred fifty thousand", effective July 8, 1997; P.A. 00-187 increased the maximum amount in Subsec. (c) from seven hundred fifty thousand to one million dollars, effective July 1, 2000.

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Sec. 10a-21. (Formerly Sec. 10-328e). Collective bargaining. Nothing contained in this part shall affect the various bargaining units established pursuant to section 5-275.
(P.A. 77-573, S. 26, 30.)
History: Sec. 10-328e transferred to Sec. 10a-21 in 1983 pursuant to reorganization of higher education system.

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Sec. 10a-22. (Formerly Sec. 10-326h). Contracts with independent or public institutions as licensed postsecondary proprietary schools. Cooperative arrangements for joint use of facilities, programs and services. Contract award. (a) In order to secure for the citizens of Connecticut the additional advantages which would accrue from more efficient use of the educational resources of the state, the Board of Governors of Higher Education is authorized to enter into contracts involving two or more of the public institutions or any combination of public institutions, independent institutions and licensed postsecondary proprietary schools, with participation involving at least two of these sectors, one of which shall be a public institution. Such contracts shall encourage and promote (1) cooperative arrangements for the joint use of facilities, programs and services, (2) development of cooperative academic programs to meet changing societal needs and (3) improved planning and evaluation processes related to institutional or programmatic consolidations, retrenchment or phase-out. The board may allocate funds appropriated for the purposes of this section to a participating independent institution, public institution, or licensed postsecondary proprietary school. Participating institutions or schools shall be required to contribute a total amount equal to at least twenty-five per cent of the amount of the contract award, provided the participating institutions shall identify the nature and amount of said contribution requirement in the proposal submitted for consideration in accordance with the provisions of this section. Contracting for activities supported by this section shall be for a period of one year. In special circumstances, activities may be eligible for a second year of support if the applicants can demonstrate the feasibility for continuation of the activity from other funding sources beyond the second year.
(b) For the purposes of this section: (1) A program is defined as a course of study leading to certification, licensure, certificate, or degree at all postsecondary levels; (2) a facility is defined as a building or an area within a building, a group of buildings, a special area, or specialized items of equipment used for educational purposes; (3) a service is defined as a formal activity designed to explore scientific, technological or humanistic problems, to find solutions to contemporary societal problems or to provide selected public service or student service activities; (4) an independent institution is a college or university located in this state which is not included in the Connecticut system of public higher education and whose primary function is other than the preparation of students for religious vocation; and, (5) a licensed postsecondary proprietary school is an educational institution so licensed by the State Board of Education.
(c) The Board of Governors of Higher Education shall provide continuing evaluation of the effectiveness of such contracts and shall submit on or before February first, annual reports and recommendations to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education. In administering this section, the Board of Governors of Higher Education shall develop and use fiscal procedures designed to insure accountability of public funds.
(P.A. 77-573, S. 17, 30; P.A. 81-212, S. 1, 2; P.A. 82-218, S. 37, 46; 82-314, S. 57, 63; P.A. 84-241, S. 2, 5.)
History: P.A. 81-212 restated provisions re cooperative arrangements between postsecondary institutions and added provisions limiting duration of contracts and requiring participating institutions to contribute at least twenty-five per cent of the contract award; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 82-314 changed official name of education committee; Sec. 10- 326h transferred to Sec. 10a-22 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

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Sec. 10a-22a. (Formerly Sec. 10-7a). Private occupational school. Definition. Whenever used in sections 10a-22a to 10a-22k, inclusive: "Private occupational school" means a person, board, association, partnership, corporation, limited liability company or other entity offering instruction in any form or manner in any trade, industrial, commercial or service occupation for any remuneration, consideration, reward or promise of whatever nature, except "private occupational school" shall not include (1) instruction offered under public supervision and control; (2) instruction conducted by a firm or organization solely for the training of its own employees or members; or (3) instruction offered by a school authorized by the General Assembly to confer degrees.
(P.A. 79-380, S. 1; P.A. 83-501, S. 1, 12; P.A. 93-294, S. 1, 17; P.A. 95-79, S. 19, 189.)
History: P.A. 83-501 clarified definition of "private occupational school" to mean a "person, board, association, partnership, corporation or other entity" rather than a "school" offering instruction; P.A. 93-294 made technical changes, effective July 1, 1993; Sec. 10-7a transferred to Sec. 10a-22a in 1995; P.A. 95-79 redefined "private occupational school" to include limited liability companies, effective May 31, 1995 (Note: the Revisors editorially placed quotation marks around the term "private occupational school" in the exception).

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Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as occupational school; application; evaluation. (a) No person, board, association, partnership, corporation or other entity shall offer occupational instruction unless such person, board, association, partnership, corporation or other entity first receives from the Commissioner of Higher Education a certificate authorizing the occupational instruction to be offered. Except for initial authorizations, the Commissioner of Higher Education shall accept institutional accreditation by an accrediting agency recognized by the United States Department of Education, in satisfaction of the requirements of this section and section 10a-22d, including the evaluation requirement, unless the commissioner finds reasonable cause not to rely upon such accreditation.
(b) Each person, board, association, partnership, corporation or other entity which seeks to offer occupational instruction shall submit to the Commissioner of Higher Education, in such manner as the commissioner shall prescribe, an application for a certificate of authorization which shall include, but need not be limited to, (1) the proposed name of the school; (2) ownership and organization of the school including the names and addresses of all principals, officers and directors; (3) names and addresses of all stockholders of the school, except for applicants which are listed on a national securities exchange; (4) addresses of any building or premises on which the school will be located; (5) description of the occupational instruction to be offered; (6) the proposed student enrollment agreement; (7) the proposed school catalog; and (8) financial statements detailing the financial condition of the school prepared by management and reviewed or audited by a licensed certified public accountant or licensed public accountant. Submitted with an application for initial authorization shall be a nonrefundable application fee in the amount of five hundred dollars.
(c) Upon receipt of a complete application pursuant to subsection (b) of this section, the Commissioner of Higher Education shall cause to be conducted an evaluation of the applicant school. Thereafter, the commissioner shall advise the applicant of authorization or nonauthorization within ninety days following the completed appointment of an evaluation team pursuant to subsection (d) of this section. The commissioner may consult with the Labor Department and may request the advice of any other state agency which may be of assistance in making a determination. In the event of nonauthorization by the Commissioner of Higher Education, he shall set forth the reasons therefor in writing and the applicant school may request in writing of the Board of Governors of Higher Education a hearing pursuant to chapter 54.
(d) For purposes of an evaluation of an applicant school, the Commissioner of Higher Education, or a designee of the commissioner, shall appoint an evaluation team which shall include (1) at least two members representing the Board of Governors of Higher Education and (2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. The applicant school shall have the right to challenge any proposed member of the evaluation team for good cause shown. A written challenge shall be filed with the commissioner within ten business days following the appointment of such evaluation team. In the event of a challenge, a decision shall be made thereon by the Commissioner of Higher Education within ten business days from the date such challenge is filed, and if the challenge is upheld the Commissioner of Higher Education shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The commissioner, or the designee of the commissioner, shall not appoint any person to an evaluation team unless the commissioner, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in this section. The statement shall be on a form prescribed by the commissioner and shall be signed under penalty of false statement. Members of the evaluation team shall serve without compensation. Except for any member of the evaluation team who is a state employee, members shall be reimbursed for actual expenses, which expenses shall be charged to and paid by the applicant school.
(e) The evaluation team appointed pursuant to subsection (d) of this section shall conduct an inspection and shall submit a written report recommending authorization or nonauthorization by the Commissioner of Higher Education. The evaluation team shall determine whether (1) the quality and content of each course or program of instruction, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (2) the school has adequate space, equipment, instructional materials and personnel for the instruction offered; (3) the qualifications of directors, administrators, supervisors and instructors shall reasonably and adequately assure that students receive education consistent with stated objectives for which a course or program is offered; (4) students and other interested persons shall be provided with a catalog or similar publication describing the courses and programs offered, course and program objectives, length of courses and programs, schedule of tuition, fees and all other charges and expenses necessary for completion of the course or program, cancellation and refund policies; (5) upon satisfactory completion of the course or program, each student shall be provided appropriate educational credentials by the school; (6) adequate records shall be maintained by the school to show attendance and grades, or other indicators of student progress, and standards shall be enforced relating to attendance and student performance; (7) the applicant school shall be financially sound and capable of fulfilling its commitments to students; and (8) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school.
(P.A. 79-380, S. 2; P.A. 83-501, S. 2, 12; P.A. 88-360, S. 1, 63; P.A. 89-251, S. 66, 203; P.A. 90-198, S. 1, 5; P.A. 93- 294, S. 2, 17; P.A. 97-138.)
History: P.A. 83-501 amended Subdiv. (8) of Subsec. (b) to provide that financial statement is to be prepared by management of the school and reviewed or audited by a licensed certified public accountant rather than prepared by accountant and attested to by management of school and made slight changes in wording throughout section; P.A. 88-360 in Subsec. (d) increased the number of days the state board of education has to make a decision on a challenge from fourteen to forty-five; P.A. 89-251 increased the application fee from two hundred fifty dollars to five hundred dollars; P.A. 90- 198 in Subsec. (d) allowed a designee of the commissioner to appoint an evaluation team, added to the team an additional member representing the state board of education, removed the member who is a private occupational school administrator and the right of the applicant school to reject certain members, substituted ten business days for fourteen days as the time within which a challenge shall be filed, substituted the commissioner of education for the state board of education as the person to make decisions on challenges, decreased the number of days to make a decision on a challenge from forty-five days to ten business days, allowed employees of the state or political subdivisions to be members of teams and required members of teams to provide statements of no conflict of interest; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and technical changes, effective July 1, 1993; Sec. 10-7b transferred to Sec. 10a-22b in 1995; P.A. 97-138 amended Subsec. (a) to add provision concerning the acceptance of institutional accreditations by accrediting agencies recognized by the U.S. Department of Education in satisfaction of the requirements of this section and Sec. 10a-22d, except for initial authorizations.

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Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be authorized. (a) No certificate to operate a private occupational school shall be authorized by the Commissioner of Higher Education if (1) any principal, officer or director of the applicant school has acted in a similar capacity for a private occupational school which has had its authorization revoked pursuant to section 10a-22f; (2) the applicant school does not have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness to operate for the period of time for which authorization is sought; (3) the applicant school or any of its agents engages in advertising, sales, collection, credit or other practices which are false, deceptive, misleading or unfair; or (4) the applicant school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation with the Commissioner of Higher Education.
(b) No certificate to operate a private occupational school shall be issued by the commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner certificates indicating that the buildings and premises for such school meet all applicable state and local fire and zoning requirements. Such certificates shall be attested to by the fire marshal and zoning enforcement officer within the municipality in which such school is located.
(c) No certificate to operate a new private occupational school shall be issued by the commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner an irrevocable letter of credit in the penal amount of ten thousand dollars guaranteeing the payments required of the school to the private occupational school student protection account in accordance with the provisions of section 10a-22u. The letter of credit shall be payable to the private occupational school student protection account in the event that such school fails to make payments to the account as provided in subsection (a) of section 10a-22u or in the event the state takes action to reimburse the account for a tuition refund paid to a student pursuant to the provisions of section 10a-22v, provided the amount of the letter of credit to be paid into the private occupational school student protection account shall not exceed the amounts owed to the account. The letter of credit required by this subsection shall be excused once a school has paid in excess of ten thousand dollars into the private occupational school student protection account or five years from the date of initial approval, whichever occurs first.
(P.A. 79-380, S. 3; P.A. 83-150, S. 1, 4; 83-194, S. 1, 2; 83-501, S. 3, 12; P.A. 93-294, S. 3, 17.)
History: P.A. 83-194 added Subsec. (c) requiring new private occupational schools to file an irrevocable letter of credit in the penal amount of ten thousand dollars; ("Default Assurance Fund" name changed to "Private Occupational School Student Protection Fund" by authority of P.A. 83-150); P.A. 83-501 amended Subsec. (a) adding provision that authorization to operate will be withheld if school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and amended Subsec. (c) to change the provision for the excusing of the letter of credit based on five years from the date of the letter of credit to five years from the date of initial approval and to remove obsolete language, effective July 1, 1993; Sec. 10-7c transferred to Sec. 10a-22c in 1995; in 1997 references in Subsec. (c) to the "Private Occupational School Student Protection Fund" were replaced editorially by the Revisors with "private occupational school protection account" to conform section with Sec. 10a-22u.

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Sec. 10a-22d. (Formerly Sec. 10-7d). Authorization: Conditions for renewal, fees, extension. (a) For the first three years of operation as a private occupational school, authorization shall be required annually. Following three years of continuous authorization, renewal shall be for a period not to exceed five years and may be subject to an evaluation pursuant to subsections (d) and (e) of section 10a-22b, provided no private occupational school shall operate for more than five additional years from the date of any renewal without the completion of an evaluation pursuant to subsections (d) and (e) of section 10a-22b. Renewal of authorization shall be made and continued only upon (1) the annual payment to the Board of Governors of Higher Education of a nonrefundable fee of one hundred dollars and any additional fee required for an extension or branch school under section 10a-22g, (2) review of any federal reports or audits concerning the fiscal condition of the school or its continuing eligibility to participate in federal student financial aid programs and (3) the filing with the commissioner of a complete application for a renewed certificate of authorization not less than one hundred twenty days prior to the termination date of the most recent certificate of authorization. Such authorization shall not be renewed if the school fails to meet all the conditions of its most recent authorization, except that if a school fails to meet such conditions, the commissioner may for good cause shown, issue a probationary authorization extending its most recent authorization for a period of time not to exceed one year.
(b) Notwithstanding the provisions of sections 10a-22a to 10a-22k, inclusive, the commissioner may authorize the extension of the most recent certificate of authorization for a period not to exceed sixty days for good cause shown, provided such extension shall not change the date of the original certificate's issuance or the date for each renewal.
(P.A. 79-380, S. 4; P.A. 83-501, S. 4, 12; P.A. 86-48, S. 1, 5 P.A. 88-360, S. 2, 63; P.A. 91-295, S. 2, 7; P.A. 93-294, S. 4, 17.)
History: P.A. 83-501 replaced former section which provided that after initial authorization, renewal was required every three years with provision that would require annual authorization for a period of three years after which renewal will be for a period of three years; P.A. 86-48 added Subsec. (a) and Subdiv. (1) designations and requirement for payment of additional fees for extension or branch schools in Subsec. (a), added Subdiv. (2) of Subsec. (a) re time limit for filing of an application for a renewal certificate and added Subsec. (b) re extension of certificate; P.A. 88-360 amended Subsec. (b) to provide that an extension shall not change the date of the original certificate's issuance or the date for each renewal; P.A. 91-295 in Subsec. (a) deleted requirement for an evaluation at the time of each renewal and added provision that no school operate for more than three additional years from the date of any renewal without an evaluation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, amended Subsec. (a) to provide for a five-year renewal instead of a three-year renewal, to add Subdiv. (2) re federal reports and audits and renumbered the existing Subdiv. (2) as Subdiv. (3) and added the exception clause on probationary authorization, effective July 1, 1993; Sec. 10-7d transferred to Sec. 10a-22d in 1995.

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Sec. 10a-22e. (Formerly Sec. 10-7f). Revision of conditions of authorization. During any period of authorization by the Commissioner of Higher Education to operate as a private occupational school pursuant to sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive, such private occupational school may revise the conditions of its authorization, provided such school shall give notice to the Commissioner of Higher Education thirty days prior to any intended revision. Such revision shall include, but not be limited to, changes in (1) courses or programs; (2) ownership of the school; (3) name of the school; and (4) location of the school. The commissioner may issue an order prohibiting any such change if it would constitute a material or substantial deviation from the conditions of authorization. In the event of such an order, the school may appeal such action to the Board of Governors of Higher Education pursuant to chapter 54.
(P.A. 79-380, S. 6; P.A. 83-501, S. 5, 12; P.A. 93-294, S. 5, 17.)
History: P.A. 83-501 added provision requiring thirty days notice prior to any revision in conditions of authorization, including notification of changes in courses or programs, ownership of school, name of school or location of school; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7f transferred to Sec. 10a-22e in 1995.

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Sec. 10a-22f. (Formerly Sec. 10-7g). Revocation of certificate of authorization. (a) A certificate of authorization issued to a private occupational school pursuant to sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive, may be revoked by the Commissioner of Higher Education if such school (1) ceases to meet the conditions of its authorization; (2) commits a material or substantial violation of sections 10a-22a to 10a-22k, inclusive, or 10a-22u to 10a-22w, inclusive, or the regulations prescribed thereunder; (3) makes a false statement about a material fact in application for authorization; or (4) fails to make a required payment to the private occupational school student protection account pursuant to section 10a-22u.
(b) The commissioner shall serve written notice upon a private occupational school indicating that revocation of the school's authorization is under consideration and the commissioner shall set forth the reasons such revocation is being considered. Upon receipt of such notice the school may file, within seven days, a written request for an administrative review of such consideration of revocation before the Commissioner of Higher Education or his designee. Within twenty-one days after the receipt of such request, the commissioner or his designee shall begin an administrative review and shall complete the review within twenty-one days after beginning the review. Within twenty- one days after the completion of the administrative review, the commissioner or his designee shall give written notice of the conclusions of the review to the school. Within fourteen days after receipt of such notice, a school aggrieved by a decision rendered pursuant to an administrative review may request in writing of the Board of Governors of Higher Education a hearing pursuant to chapter 54.
(P.A. 79-380, S. 7; P.A. 84-176, S. 1, 5; P.A. 86-48, S. 2, 5; P.A. 87-434, S. 2, 5; P.A. 93-294, S. 6, 17; P.A. 96-180, S. 15, 166; 96-244, S. 31, 63.)
History: P.A. 84-176 amended Subsec. (b) to clarify that a school aggrieved by a decision may request a hearing within fourteen administrative days after "receipt of written notice" of the completion of an administrative review; P.A. 86-48 amended Subsec. (a) editorially to delete references to repealed Sec. 10-7e and amended Subsec. (b) to add time limit for giving of written notice of the determination of the administrative review and to substitute the word "days" for "administrative days"; P.A. 87-434 specified when the review is to begin and be completed and extended the amount of time to give written notice of the conclusions of the review; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec. 10-7g transferred to Sec. 10a-22f in 1995; P.A. 96-180 amended Subsec. (a) by substituting "student protection account" for "default assurance fund", effective June 3, 1996; P.A. 96-244 also amended Subsec. (a) by replacing "default assurance fund" with "private occupational school student protection account", effective July 1, 1996.

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Sec. 10a-22g. (Formerly Sec. 10-7h). Extension and branch schools. (a) A private occupational school which is authorized by the Commissioner of Higher Education pursuant to sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive, may establish and operate extension or branch schools for the purpose of offering the occupational instruction authorized by the commissioner, provided (1) the buildings and premises for such extension or branch operation meet all applicable state and local fire and zoning requirements, and certificates attesting the same signed by the local fire marshal and zoning enforcement officer are filed with the Commissioner of Higher Education prior to offering such occupational instruction; (2) notice of the extension or branch operation and the course or program of instruction to be offered are filed with the Commissioner of Higher Education not less than thirty days prior to offering such occupational instruction; (3) there is compliance with the relevant requirements set forth in subsection (e) of section 10a-22b; and (4) a nonrefundable fee in the amount of one hundred dollars is paid annually to the Department of Higher Education.
(b) The commissioner may issue an order prohibiting any such change if it would constitute a material or substantial deviation from the conditions of authorization. In the event of such an order, the school may request in writing of the Board of Governors of Higher Education a hearing pursuant to chapter 54.
(P.A. 79-380, S. 8; P.A. 83-501, S. 6, 12; P.A. 91-295, S. 3, 7; P.A. 93-294, S. 7, 17.)
History: P.A. 83-501 amended Subsec. (a) requiring evaluation of branch or extension school pursuant to Subsec. (e) of Sec. 10-7b and requiring payment of fifty dollar nonrefundable fee; P.A. 91-295 in Subsec. (a) increased the fee from fifty to one hundred dollars; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec. 10-7h transferred to Sec. 10a-22g in 1995.

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Sec. 10a-22h. (Formerly Sec. 10-7i). Representatives of private occupational schools. (a) No representative of a private occupational school not authorized pursuant to sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive, shall visit the residence of any prospective student, solicit enrollments, sell occupational instruction in any form or manner, make representations or give counsel to prospective students without first obtaining a permit from the Commissioner of Higher Education. Such permit shall not be represented to constitute approval of the school itself. Any contract entered into in violation of this section shall not be enforceable by such school.
(b) Any person seeking to represent a private occupational school not authorized pursuant to sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive, shall file an application with the state Department of Higher Education on forms prescribed by the commissioner. Upon issuance of a permit such representative shall pay a nonrefundable fee of fifty dollars. The permit shall be valid for a period of one year from date of issuance.
(P.A. 79-380, S. 9; P.A. 91-295, S. 4, 7; P.A. 93-294, S. 8, 17.)
History: P.A. 91-295 in Subsec. (b) increased the fee from twenty-five to fifty dollars; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7i transferred to Sec. 10a-22h in 1995.

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Sec. 10a-22i. (Formerly Sec. 10-7j). Penalty provision. (a) The Commissioner of Higher Education may assess any person, board, partnership, association, corporation or other entity which violates any provision of sections 10a-22a to 10a-22k, inclusive, or sections 10a-22u to 10a-22w, inclusive, an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation.
(b) The commissioner shall serve written notice upon a private occupational school when the assessment of such a penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty. Upon receipt of such notice, such a school may, within seven days, file a written request for administrative review by the commissioner or his designee. Within forty-five days after the receipt of such request, the commissioner or his designee shall complete an administrative review and give written notice of the determination of the review to the school. Within fourteen days after receipt of such notice, an aggrieved school may appeal in writing to the Board of Governors of Higher Education, setting forth the reasons why the penalty is not proper. The board shall hold a hearing within twenty business days following receipt of an appeal which hearing shall be conducted pursuant to the provisions of chapter 54.
(P.A. 79-380, S. 10; P.A. 84-176, S. 2, 5; P.A. 86-48, S. 3, 5; P.A. 90-198, S. 2, 5; P.A. 93-294, S. 9, 17.)
History: P.A. 84-176 amended section inserting references to Secs. 10-7f to 10-7l, inclusive, and clarifying that the penalty to be assessed is an administrative penalty; P.A. 86-48 added Subsec. (a) designation and substituted "commissioner" for "state board" in Subsec. (a) and added Subsec. (b) re procedures for assessing the penalty and for appeal; P.A. 90-198 in Subsec. (b) increased the number of days for completion of an administrative review from twenty-one to forty- five; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7j transferred to Sec. 10a-22i in 1995.

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Sec. 10a-22j. (Formerly Sec. 10-7k). Injunctions. The Board of Governors of Higher Education may seek to prevent any violation of sections 10a-22a to 10a-22k, inclusive, or 10a-22u to 10a-22w, inclusive, through the use of an injunction in accordance with the provisions of chapter 916.
(P.A. 79-380, S. 11; P.A. 93-294, S. 10, 17.)
History: P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7k transferred to Sec. 10a-22j in 1995.

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Sec. 10a-22k. (Formerly Sec. 10-7l). Regulations. The Board of Governors of Higher Education shall adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 10a-22a to 10a-22k, inclusive, and 10a-22u to 10a-22w, inclusive.
(P.A. 79-380, S. 12; P.A. 93-294, S. 11, 17.)
History: P.A. 93-294 made changes necessitated by the transfer of authority for the authorization from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7l transferred to Sec. 10a-22k in 1995.

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Secs. 10a-22l to 10a-22p. Reserved for future use.

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Sec. 10a-22q. (Formerly Sec. 10-7r). Private occupational school student benefit account. After each annual determination of the balance of the private occupational school student protection account required by section 10a-22w, if the balance of the account is more than six per cent of the annual net tuition income of the schools which make payments to the account pursuant to section 10a-22u, the State Treasurer shall transfer to a separate, nonlapsing account within the General Fund, to be known as the private occupational school student benefit account, three-fourths of the annually accrued interest of said student protection account. In no event shall any transfer of funds be made pursuant to this section which would cause the balance of said student protection account to fall below six per cent of such annual net tuition income.
(P.A. 85-607, S. 1; P.A. 86-312, S. 14, 21; P.A. 87-434, S. 4, 5; P.A. 90-198, S. 3, 5.)
History: P.A. 86-312 changed student benefit "fund" from a special fund to a separate nonlapsing "account" within the general fund; P.A. 87-434 provided that the treasurer transfer funds out of protection fund if the balance in the fund is more than five per cent of the annual net tuition income rather than one million dollars or more and that no transfers shall cause the balance of the fund to fall below five per cent of the annual net tuition income rather than one million dollars; P.A. 90-198 provided that the treasurer transfer funds out of the protection fund if the balance in the fund is more than six per cent of the annual net tuition income rather than five per cent and that no transfers shall cause the balance of the fund to fall below six per cent of the annual net tuition income rather than five per cent; Sec. 10-7r transferred to Sec. 10a-22q in 1995, and the word "School" was added editorially by the Revisors after "Private Occupational" for consistency with Sec. 10a-22u which creates the fund; in 1997 references to "Private Occupational School Student Protection Fund" were replaced editorially by the Revisors with "private occupational school student protection account" to conform section with Sec. 10a-22u.
See Sec. 10a-22u re private occupational school student protection account.

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Sec. 10a-22r. (Formerly Sec. 10-7s). Administration of private occupational school student benefit account. Advisory committee established. There is established an advisory committee to the Commissioner of Higher Education consisting of seven members appointed by the commissioner, including a representative of the private occupational schools, a representative from the Department of Higher Education and five members chosen from business or industry, state legislators, private occupational school alumni and the general public. Three of the members first appointed to the committee shall be appointed for a term of three years and four of the members first appointed shall be appointed for a term of two years. Thereafter, all members shall be appointed for a term of two years. The Commissioner of Higher Education shall administer the private occupational school student benefit account with the advice of the advisory committee and may assess the account for all direct expenses incurred in the implementation of this section. The account shall be used to award financial aid grants for the benefit of private occupational school students. The grants shall be paid to the private occupational school designated by the grant recipient to be applied against the tuition expenses of such recipient. If the balance of the student protection account is five per cent or less of the annual net tuition income of the schools which make payments to the account pursuant to section 10a-22u, any unallocated funds in the student benefit account shall be transferred to the student protection account.
(P.A. 85-607, S. 2; P.A. 86-48, S. 4, 5; 86-312, S. 15, 21; 86-333, S. 24, 32; P.A. 87-434, S. 3, 5; P.A. 93-294, S. 12, 17.)
History: P.A. 86-48 deleted provision authorizing the use of the fund to procure an indemnity or insurance policy; P.A. 86-312 replaced references to student benefit "fund" with references to student benefit "account"; P.A. 86-333 specified length of terms of members of the committee; P.A. 87-434 allowed the commissioner to assess the fund for all direct expenses incurred in the implementation of the section; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made a technical change, effective July 1, 1993; Sec. 10-7s transferred to Sec. 10a-22r in 1995; in 1997 references to "fund" were replaced editorially by the Revisors with references to "account" to conform section with Secs. 10-22q and 10-22u, respectively.
See Secs. 10a-22u, 10a-22v re charges against private occupational school student protection account.

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Sec. 10a-22s. (Formerly Sec. 10-7t). Duties of Commissioner of Higher Education re financial aid grants. The Commissioner of Higher Education, with the advice of the advisory committee, shall establish the criteria for awarding financial aid grants. Applications for grants shall be submitted on such forms and in such manner as the commissioner, with the advice of the advisory committee, shall prescribe. The commissioner shall establish policies, with the advice of the advisory committee, for the return of any portion of a financial aid grant, representing tuition of a student, which would otherwise be refundable.
(P.A. 85-607, S. 3; P.A. 88-136, S. 1, 37; P.A. 93-294, S. 13, 17.)
History: P.A. 88-136 deleted obsolete provisions re report on policies and practices of private occupational schools due February 15, 1986; P.A. 93-294 made a change necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7t transferred to Sec. 10a-22s in 1995.

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Sec. 10a-22t. (Formerly Sec. 10-7u). Payment of grants by Treasurer. The Treasurer shall pay financial aid grants, approved and ordered to be paid by the commissioner with the advice of the advisory committee, from the student benefit account.
(P.A. 85-607, S. 4; P.A. 86-312, S. 16, 21.)
History: P.A. 86-312 replaced reference to student benefit "fund" with reference to student benefit "account"; Sec. 10- 7u transferred to Sec. 10a-22t in 1995.

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Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private occupational school student protection account. Treatment of overpayments and underpayments. (a) There shall be an account to be known as the private occupational school student protection account within the General Fund. Each private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22k, inclusive, shall pay to the State Treasurer an amount equal to one-half of one per cent of the tuition received by such school per calendar quarter exclusive of any refunds paid, except that correspondence and home study schools authorized in accordance with the provisions of sections 10a-22a to 10a-22k, inclusive, shall contribute to said account only for Connecticut residents enrolled in such schools. Payments shall be made by January thirtieth, April thirtieth, July thirtieth and October thirtieth in each year for tuition received during the three months next preceding the month of payment. Said account shall be used for the purposes of section 10a-22v. Any interest, income and dividends derived from the investment of the account shall be credited to the account. All direct expenses for the maintenance of the account may be charged to the account upon the order of the State Comptroller. The Commissioner of Higher Education may assess the account (1) for all direct expenses incurred in the implementation of the purposes of this section which are in excess of the normal expenditures of the Department of Higher Education for accounting, auditing and clerical services, and (2) for the fiscal years ending June 30, 2000, and June 30, 2001, in an amount not to exceed one hundred seventy thousand dollars in each of such fiscal years for personnel and administrative expenses for the purposes of sections 10a-22a to 10a-22k, inclusive, provided such amount does not exceed the annual interest accrual, which shall be transferred to the appropriation of the Department of Higher Education for personal services and other expenses for positions and responsibilities relating to said sections, provided the department has expended all federal funds that may be available for personnel and administrative expenses for the purposes of said sections.
(b) Payments required pursuant to subsection (a) of this section shall be a condition of doing business in the state and failure to make any such payment within thirty days following the date on which it is due shall result in the loss of authorization under section 10a-22f. Such authorization shall not be issued or renewed if there exists a failure to make any such payment in excess of thirty days following the date on which it is due.
(c) If an audit conducted by the Department of Higher Education determines that a school has paid into the private occupational school student protection account an amount less than was required, the school shall pay said amount plus a penalty of ten per cent of the amount required to the State Treasurer within thirty days of receipt of notice from the commissioner or his designee of the amount of the underpayment and penalty.
(d) If an audit conducted by the Department of Higher Education determines that a school has paid into the private occupational school student protection account an amount more than was required, subsequent payment or payments by the school shall be appropriately credited until such credited payment or payments equal the amount of the overpayment.
(P.A. 77-440, S. 1; P.A. 78-158, S. 1, 4; P.A. 79-380, S. 13; P.A. 83-150, S. 1, 4; P.A. 84-176, S. 3, 5; P.A. 93-294, S. 14, 17; P.A. 94-95, S. 8; P.A. 95-226, S. 20, 30; P.A. 97-285, S. 1, 2; P.A. 99-192, S. 1, 2.)
History: P.A. 78-158 required payment to treasurer of one-half of one per cent, rather than one per cent, of tuition received, rather than of tuition paid by newly enrolled students, excepted refunds and made special provision for payments relative to correspondence and home study schools, revised payment schedule slightly and allowed state board to assess fund for expenses incurred in implementation of section which exceed normal expenses for accounting, auditing and clerical services in Subsec. (a); P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted "authorized" and "authorization" for "licensed" and "licensure"; P.A. 83-150 changed name from "Proprietary School Default Assurance Fund" to "Private Occupational School Student Protection Fund", deleted obsolete reference to payments made in 1978 and authorized commissioner of education and department of education rather than state board of education to administer fund; P.A. 84-176 added Subsecs. (c) and (d) re treatment of overpayments and underpayments to the fund; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, amended Subsec. (a) to add Subdiv. (2) concerning the fiscal years ending June 30, 1994 and June 30, 1995, and made technical changes, effective July 1, 1993; Sec. 10-14i transferred to Sec. 10a-22u in 1995; P.A. 94-95 changed name of fund from "Private Occupational School Student Protection Fund" to "private occupational school student protection account"; P.A. 95-226 extended Subdiv. (2) to the fiscal years ending June 30, 1996, and June 30, 1997, increased the limit for personnel and administrative services from one hundred thousand to one hundred eighteen thousand dollars and made a technical change, effective July 1, 1995; in 1997 references in Subsecs. (c) and (d) to "Private Occupational School Student Protection Fund" were changed editorially by the Revisors to "private occupational school student protection account" to conform said Subsecs. with Subsec. (a) as amended by P.A. 94-95; P.A. 97-285 amended Subdiv. (2) of Subsec. (a) to substitute the fiscal years ending in 1998 and 1999 for the fiscal years ending in 1996 and 1997, to increase the amount from one hundred eighteen thousand to one hundred fifty thousand, to set the limit of the annual interest accrual and to specify that the amount transferred be used for positions and responsibilities relating to Secs. 10a-22a to 10a-22k, inclusive, effective July 1, 1997; P.A. 99-192 amended Subsec. (a)(2) to change the dates to the fiscal years ending June 30, 2000, and June 30, 2001, and to increase the amount from one hundred fifty to one hundred seventy thousand dollars, effective July 1, 1999.

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Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition. Any student enrolled in a private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22k, inclusive, who is unable to complete a course or unit of instruction at such school because of the insolvency or cessation of operation of the school and who has paid tuition for such course or unit of instruction, may make application to the Commissioner of Higher Education for a refund of tuition from the account established pursuant to section 10-22u to the extent that such account exists or has reached the level necessary to pay outstanding approved claims, except that in the case of correspondence and home study schools authorized in accordance with the provisions of sections 10a-22a to 10a-22k, inclusive, only Connecticut residents enrolled in such schools may be eligible for such refund. Upon such application, the commissioner shall determine whether the applicant is unable to complete a course or unit of instruction because of the insolvency or cessation of operation of the school to which tuition has been paid. The commissioner may summon by subpoena any person, records or documents pertinent to the making of a determination regarding insolvency or cessation of operation. For the purpose of making any tuition refund pursuant to this section, a school shall be deemed to have ceased operation whenever it has failed to complete a course or unit of instruction for which the student has paid a tuition fee and, as a result, the school's authorization has been revoked pursuant to section 10a-22f. If the commissioner finds that the applicant is entitled to a refund of tuition because of the insolvency or cessation of operation of the school, the commissioner shall determine the amount of an appropriate refund which shall be equal to or a portion of the tuition paid for the uncompleted course or unit of instruction. Thereafter the Commissioner of Higher Education shall direct the State Treasurer to pay, per order of the Comptroller, the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf. If the student is a minor, payment shall be made to the student's parent, parents or legal guardian. Each recipient of a tuition refund made in accordance with the provisions of this section shall assign all rights to the state of any action against the school or its owner or owners for tuition amounts reimbursed pursuant to this section. Upon such assignment, the state may take appropriate action against the school or its owner or owners in order to reimburse the student protection account for any expenses or claims that are paid from the account and to reimburse the state for the reasonable and necessary expenses in undertaking such action.
(P.A. 77-440, S. 2; P.A. 78-158, S. 2, 4; P.A. 79-380, S. 14; P.A. 82-406, S. 1; P.A. 83-150, S. 2, 4; P.A. 93-294, S. 15, 17.)
History: P.A. 78-158 allowed refunds to extent fund "has reached the level necessary to pay outstanding approved claims", made special reference to procedure when correspondence and home study schools are involved, deleted reference to proportionate share of fund when money not sufficient to pay all claims in full, deleted provision for refund to be paid other school at applicant's request and allowed payment to "persons, agencies or organizations" ... who have paid tuition on the student's behalf or to parent(s) or guardian(s) if student is a minor; P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted "authorized" for "licensed"; P.A. 82-406 granted board of education subpoena power for purpose of making a determination regarding insolvency; P.A. 83-150 defined "ceased operation" for purposes of making a tuition refund, authorized commissioner rather than state board to make refund determinations, and made provision for assignment of rights to state in any action against school for tuition reimbursed; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-14j transferred to Sec. 10a-22v in 1995; in 1997 references to "Student Protection Fund" and "fund" were replaced editorially by the Revisors with references to "student protection account" and "account" to conform section with Sec. 10a-22u.

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Sec. 10a-22w. (Formerly Sec. 10-14k). Treasurer to determine balance of account. Payments to account dependent on balance. On or before June thirtieth of each year the State Treasurer shall determine the balance of the account established pursuant to section 10a-22u. Following such determination by the State Treasurer, if the balance of the account is more than six per cent of the annual net tuition income of schools which make payments to the account pursuant to section 10a-22u, schools which began payments to the account on or before October 1, 1987, shall cease further payments to the account until it falls below five per cent of such annual net tuition income at which time payment shall be resumed pursuant to section 10a-22u. Schools which begin payments to the account after October 1, 1987, shall continue to make payments to the account when the balance of the account is six per cent or more of such annual net tuition income for a period of time equal to the number of calendar quarters from October 1, 1987, to the date on which the account first equaled said six per cent, provided such schools shall make payments to the account pursuant to said section 10a-22u when the account falls below five per cent of such annual net tuition income.
(P.A. 77-440, S. 3; P.A. 78-158, S. 3, 4; P.A. 79-380, S. 15; P.A. 83-150, S. 3, 4; P.A. 84-176, S. 4, 5; P.A. 87-434, S. 1, 5; P.A. 90-198, S. 4, 5.)
History: P.A. 78-158 replaced provisions concerning reductions of payments based on millions of dollars in fund with provisions for cessation of payments when fund is at or above one million dollars until such time as balance falls below million-dollar mark, for resumption of payments when necessary and for initial payments by newly-licensed schools; P.A. 79-380 changed dates relating to initial payment schedule; P.A. 83-150 deleted reference to repealed Sec. 10-8; P.A. 84- 176 clarified language re payments into the fund to maintain the balance at one million dollars; P.A. 87-434 substituted October 1, 1987, for October 1, 1977, changed the balance in the fund at which payments cease for certain schools from one million dollars or more to "more than five per cent ..." and the balance below which payments are to resume from one million dollars to "four per cent ..." and made technical changes accordingly; P.A. 90-198 changed the balance in the fund at which payments cease for certain schools from five per cent of the annual net tuition income to six per cent and the balance below which payments are to resume from four per cent of the annual net tuition income to five per cent and made technical changes accordingly; Sec. 10-14k transferred to Sec. 10a-22w in 1995; in 1997 references to "fund" were replaced editorially by the Revisors with references to "account" to conform section with Sec. 10a-22u.
See Sec. 10a-22q et seq. re private occupational school benefit account and the transfer of annually accrued interest from the Private Occupational School Student Protection Fund to the benefit account.

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Sec. 10a-22x. (Formerly Sec. 10-14l). Regulations. The Board of Governors of Higher Education shall adopt such regulations as are necessary to carry out the purposes of this chapter.
(P.A. 77-440, S. 4; P.A. 93-294, S. 16, 17.)
History: P.A. 93-294 made a change necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-14l transferred to Sec. 10a-22x in 1995.

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Sec. 10a-23. Transfer of functions, powers and duties. The transfer of functions, powers, duties; obligations, including, but not limited to, contract obligations; the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business and the transfer of records and property between the Board of Higher Education as said board existed immediately prior to March 1, 1983, and the Board of Governors of Higher Education established pursuant to section 10a-2 shall be governed by the provisions of subsections (a) to (d), inclusive, and subsection (f) of section 4-38d.
(P.A. 82-218, S. 36, 46; P.A. 84-241, S. 2, 5.)
History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title.

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Sec. 10a-24. Use of term "board of governors". Whenever the term "Board of Higher Education" appears in sections 4-38c, 4b-30, 5-154, 5-160, 5-177, 5-242, 10-9, 10-19, 10-38e, 10-38h, 10-38i, 10-108c, 10-109c, 10-116, 10-116l, 10-116q, 10-116r, 10-116s, 10-119a, 10-145a, 10-145b, 10-155d, 10-155e, 10-183n, 10-183v, 10-235, 10- 236a, 10-323g, 10-324e, 10-325c, 10-326h, 10-326j, 10-327a, 10-328d, 10-329g, 10- 329i, 10-330, 10-331, 10-331a, 10-331b, 10-331d, 10-331e, 10-331f, 10-332, 10-334, 10-334b, 10-334c, 10-334e, 10-334f, 10-334h, 19-30b and 52-279 and any 1982 act, said term shall be deemed to mean the "Board of Governors of Higher Education".
(P.A. 82-218, S. 37, 46; P.A. 83-105, S. 1; 83-587, S. 17, 96; P.A. 84-241, S. 2, 5; P.A. 93-353, S. 23, 52; P.A. 95-212, S. 6, 7.)
History: P.A. 82-218 effective March 1, 1983; P.A. 83-105 deleted internal reference to repealed Secs. 10-155a to 10- 155c, inclusive; P.A. 83-587 deleted reference to Sec. 10-328c; P.A. 84-241 deleted internal reference to Sec. 10-96a which was repealed by Sec. 4 of P.A. 84-241, and added "of higher education" to board of governors' title; P.A. 93-353 removed a cite to a repealed section, effective July 1, 1993; P.A. 95-212 deleted internal reference to Sec. 5-264, effective July 1, 1995.

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Sec. 10a-25. Use of term "Department of Higher Education". Section 10a-25 is repealed.
(P.A. 82-218, S. 38, 46; P.A. 88-136, S. 36, 37.)

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PART Ia
HIGH TECHNOLOGY PROJECTS AND PROGRAMS.
CENTERS OF EXCELLENCE