2004 Education-Related Legislation

You asked for brief summaries of education-related legislation the General Assembly passed in the 2004 regular session.

The General Assembly adopted 20 acts affecting preK-12 education. This report briefly summarizes the substantive provisions of those acts. It does not summarize changes in the education budget for FY 2004-05. Information on these changes is available from the Office of Fiscal Analysis or by consulting the fiscal note for HB 5692, “An Act Making Adjustments to the State Budget for the Biennium Ending June 30, 2005, and Making Appropriations Therefor, Making Deficiency Appropriations for the Fiscal Year Ending June 30, 2004, and Making Adjustments to State and Municipal Revenues. ”

As of the date of this report, the governor has not signed all of these acts. Thus, some of the changes described below could be vetoed and might not become law. Additional education-related laws may be enacted during a special legislative session scheduled for May 11, 2004.

An act implementing the budget gives each town an FY 2004-05 ECS grant equal to its FY 2003-04 grant plus 23. 27% of the difference between that grant and its full ECS entitlement. This allocation is subject to the following constraints:

1. every town’s grant must be at least 60% of its full entitlement;

2. no priority school district may receive less than $ 370 per student;

3. every town, except Winchester, must receive at least the greater of (a) its FY 2002-03 grant or (b) its FY 2003-04 grant plus 0. 07%; and

4. Winchester must receive a grant at least equal to its fixed entitlement for FY 2002-03. (A “fixed entitlement” is a town’s full ECS formula grant, excluding prior year adjustments. )

The implementing legislation also (1) eliminates the cap on annual increases in ECS grants one year early, as of July 1, 2004, instead of July 1, 2005 and (2) starting with FY 2004-05, restores the density supplement, which gives additional ECS funding to towns with population densities greater than the state average. (HB 5692 and sHB 5584, effective July 1, 2004)

The act establishes annual grants for priority school districts that vary according to population. The grant amounts and the districts eligible for each amount in FY 2004-05 are: $ 1. 5 million for the priority district with the largest population (Bridgeport), $ 1 million each for districts ranked two through four (Hartford, New Haven, and Stamford), $ 600,000 for the fifth-ranked district (Waterbury), and $ 500,000 for each district ranked six through eight (Danbury, New Britain, and Norwalk). The seven smallest priority districts receive $ 250,000 each (Ansonia, Bloomfield, Bristol, East Hartford, Meriden, New London, and Windham).

For FY 2004-05 only, the act also allocates money for two former priority districts, also according to population. West Haven receives $ 200,000 and Putnam, $ 100,000. (sHB 5584, effective July 1, 2004)

The act increases FY 2004-05 allocations to four categorical education grant programs by the following amounts: Priority School District Grants, $ 8. 65 million; School Readiness, $ 7 million; Early Reading Success, $ 1 million; and Summer School, $ 900,000. It also allocates $ 1. 1 million for School Improvement. (sHB 5584, effective July 1, 2004)

1. allows the State Department of Education (SDE), in consultation with the Department of Social Services, to grant waivers to allow for variation in the school readiness program schedule;

2. allows the SDE to reallocate 70% rather than 50% of unused non-competitive school readiness grant program funds to create new program slots and allows the remaining percentage to be used for professional development, rather than allowing those funds to lapse;

3. increases the maximum per child reimbursement for the SDE school readiness component of a program offered by a school readiness provider to $ 6,400 from $ 5,891; and

4. increases the maximum school readiness program competitive grant by $ 7,000 per priority school. (sHB 5690, effective July 1, 2004)

Another act extends the school readiness competitive grant program to towns that are among the 28 poorest in the state, but are not considered priority school districts. These towns are: Ashford, Chaplain, Griswold, Sprague, Sterling, and Thompson. Prior law allowed towns or regional school readiness councils to apply for these funds only to provide spaces in school readiness programs for eligible children who live in area served by a priority school or former priority school. (sHB 5584, effective July 1, 2004)

The act (1) increases the minimum required number of early childhood education or child development credits from nine to 12 for school readiness staff holding credentials from an education commissioner-approved organization and (2) adds a Connecticut teaching certificate with an early childhood or special education endorsement to the list of acceptable credentials for school readiness staff, beginning July 1, 2005. The act also makes it acceptable for staff members to have associates’ or four-year degrees in any field, as opposed to a major in early childhood development or early childhood education, as long as the person has earned at least nine, and on or after July 1, 2005, 12 credits in either of those areas. (PA 04-15, effective July 1, 2004)

1. authorizes $ 280. 5 million in state grant commitments for 23 school construction projects;

2. reauthorizes 39 previously authorized school building projects that have changed substantially in scope or cost, increasing the total grant commitments for those projects by $ 127. 4 million;

3. makes the Board of Trustees of the Community-Technical Colleges (CTC) eligible for a state school construction grant of 100%, instead of the usual 95%, of the eligible cost for building an interdistrict magnet school on the Manchester Community College (MCC) campus, as long as the total cost does not exceed $ 28 million;

4. makes the CTC board eligible to receive state interdistrict magnet school transportation and operating grants on MCC’s behalf;

5. forgives required repayment of a Norwich school construction grant; and

6. waives various statutory and regulatory requirements to add projects to the 2004 authorization list and make otherwise ineligible projects in several districts eligible for state school construction grants. (sSB 530, effective on passage)

The act allows the education commissioner to reduce the minimum roof pitch in school construction project plans submitted for the total replacement of existing roofs to from one-half to one-quarter inch per foot if the following conditions are met:

1. the flatter roof will not be more likely than the steeper roof to impede drainage or cause pooling of water that may leak into the building;

2. it would cost substantially more and take substantially longer to replace the roof with the steeper pitch; and

3. the existing building would require substantial construction to support the roof with the steeper pitch.

The act also allows towns or regional boards of education that have submitted or had total existing roof replacement project plans approved since July 1, 2003 to apply to the education commissioner before June 30, 2004 to reduce the roof pitch in their plans. (sSB 152, effective on passage)

The act waives school construction statutes and regulations to allow a town with a priority school district and the state’s largest student enrollment as of October 2003 (i. e. , Bridgeport) to count federal funds it receives and uses to finance state-aided school construction projects as part of its local share of the projects’ cost. By law, the state reimburses school districts for from 20% to 80% of the eligible cost of school construction projects, depending on their wealth. The remainder of the project cost is considered the local share. (sSB 343, effective July 1, 2004)

For an extension, alteration, and roof replacement project at Stonington High School, the act waives the requirement that districts obtain SDE approval before offering projects for competitive bids, thus making the project eligible for a state grant after the SDE approves the plans. (SB 393, effective on passage)

The act allows a teacher or administrator to file a grievance claiming that the evaluation procedure a school district followed in a particular case differed from its established procedures. Such grievances may be filed only according to grievance procedures established in collective bargaining agreements negotiated after July 1, 2004. (SB 533, effective on passage)

The act requires a board of education that employs an athletic coach to have the coach’s immediate supervisor evaluate the coach annually and provide him with a copy of the evaluation.

When a board, or its agent, terminates or declines to renew the contract of a coach who has held the same position for three or more consecutive school years, the act requires that the board: (1) inform the coach of the decision no later than 90 days after the end of the sport season covered by the contract and (2) allow the coach to appeal the decision to the board in a manner the board prescribes.

The act does not prohibit a board from terminating a coaching contract at any time for moral misconduct, insubordination, or violation of the rules of the board or because the sport is being discontinued by the board. (sSB 535, effective July 1, 2004)

The act requires the State Board of Education (SBE) to issue a Connecticut provisional or professional certificate, with an appropriate endorsement, to any teacher from another state, U. S. possession or territory, the District of Columbia, or Puerto Rico who (1) applies; (2) holds a national board certification from an organization the education commissioner considers appropriate; and (3) has taught for at least three of the past 10 years in another state, U. S. possession or territory, the District of Columbia, or Puerto Rico. The teacher must receive a provisional educator certificate if he has not completed 30 credits of qualifying coursework beyond a bachelor’s degree. If he has the 30 credits, SBE must give him a professional certificate.

Under the act, SBE can still deny a certificate to a nationally certified out-of-state teacher for the same reasons it can deny any other applicant, namely because (1) the teacher seeks the certificate through fraud or misrepresents a material fact; (2) the teacher has been convicted of a crime involving moral turpitude or some other crime that, in SBE’s opinion, would impair the standing of the state’s teaching certificates; or (3) it has other due cause. A teacher denied certification can ask SBE to review its decision. (SB 536, effective July 1, 2004)

The act requires local and regional school boards to include information on second language acquisition in their in-service training programs for certified teachers, administrators, and pupil personnel in districts required to provide bilingual education for English language learners. (sHB 5438, effective July 1, 2004)

Sexual Assault of Youths By Persons Standing in a Position of Trust, Authority or Supervision

A new act makes it second- or fourth-degree sexual assault for an adult to have sexual intercourse or sexual contact, respectively, with a person under age 18 who participates in a program or activity if the adult’s professional, legal, occupational, or volunteer status gives him power, authority, or supervision over the minor. The act covers actors age 20 or older.

Second-degree sexual assault is a class C felony unless the victim is under age 16 in which case it is a class B felony. A class C felony is punishable by up to 10 years’ imprisonment, up to a $ 10,000 fine, or both. A class B felony is punishable by up to 20 years’ imprisonment, up to a $ 15,000 fine, or both. Nine months of the prison term cannot be reduced or suspended.

Fourth-degree sexual assault is a class A misdemeanor unless the victim is under age 16 in which case it is a class D felony. A class A misdemeanor is punishable by up to one year in prison, a $ 2,000 fine, or both. A class D felony is punishable by up to five years’ imprisonment, up to a $ 5,000 fine, or both. (PA 04-130, effective October 1, 2004)

Last year, the General Assembly exempted noncertified school district employees who work in instructional or administrative capacities from laws requiring that they receive all wages (1) weekly on a regular pay day and (2) no more than eight days after the end of the pay period the wages cover. A new act extends the exemption all noncertified school employees regardless of their duties (for example, cafeteria or maintenance staff). It allows local and regional boards of education and unions representing their noncertified employees to establish different wage payment schedules in their collective bargaining agreements. The law already exempted certified school district staff (teachers and administrators). (PA 04-13, effective July 1, 2004)

The act requires local and regional school boards to (1) provide all full-day students with a minimum 20-minute daily lunch break and (2) include a daily period of physical exercise for most students in kindergarten through grade five, except those students requiring special education for whom a planning and placement team develops a different exercise schedule. The act also requires school boards to make nutritious food and drinks, such as low-fat milk, water, 100% fruit juices, low-fat dairy products and fresh and dried fruit, available for purchase whenever students can purchase drinks in school or whenever they can buy food during the regular school day. (HB 5344, effective July 1, 2004)

1. makes statutory the requirement that school boards adopt written policies and procedures for administering medication in schools and changes the approving authority for such policies and procedures from the Department of Public Health (DPH) to the local school medical adviser or other qualified physician;

2. requires nurses and nurse practitioners who provide health services to students in a public or private school to submit to criminal background checks even if they are not directly employed by the local school board or private school; and

3. requires regional education service centers (RESCs) to arrange for the fingerprinting of school personnel of the SBE-approved endowed or incorporated academies and special education facilities upon the request of those institutions.

(sHB 5429, effective July 1, 2004, except for the provisions on criminal background checks, which are effective on passage)

The act makes an exception to the law concerning high school graduation dates to allow a local school board that (1) set its 2004 graduation date before May 1, 2004 and (2) had to close its high school for emergency repairs, to hold its 2004 graduation ceremony on the scheduled date as long as it continues to offer at least 180 days and 900 hours of actual school work for the year. The law generally bars a school board from setting a high school graduation date after April 1 that does not allow for a minimum of 180 days of school (sSB 343, effective on passage)

By law, if for any fiscal year, the state appropriation for charter schools exceeds $ 7,250 per student, the excess funds must be used for proportionate increases in charter school per-student grants. For FY 2004-05, the act limits the reallocation to $ 110 per student (or a maximum of $ 7,360 per student). (HB 5584, effective July 1, 2004)

The act makes an exception to a law that limits enrollment at charter schools, other than K-8 schools, to 250 students. The exception allows Amistad Academy to enroll up to 300 students. Amistad is a New Haven charter school that enrolls students in grades 5-8. (HB 5584, effective July 1, 2004)

The act increases the maximum tuition a school district operating a vocational agriculture (“vo-ag”) center can charge other districts for each student they send to the center from 102% to 120% of the ECS foundation amount. Since the ECS foundation is $ 5,891 per student, the act raises the maximum vo-ag center tuition from $ 6,009 to $ 7,069 per student. (sSB 529, effective July 1, 2004)

The act requires the Office of Policy and Management secretary and the education commissioner, or their designees, to conduct a cost study of NCLB mandates. The analysis must include an estimate of the costs to the state and local and regional boards of education minus any federal funds allocated for compliance. The data must be submitted to the Education Committee by January 1, 2005. (HB 5584, upon passage)

The act expands the duties of the International Education Advisory Committee by requiring it to (1) develop criteria and guidelines for international studies programs, as well as partnership programs between Connecticut public schools and foreign schools and (2) submit them to SBE for review and approval. The act requires the committee also to advise SBE on incentives to encourage the formation of the partnership programs, such as cooperation in teacher certification, student assessment programs and course credit recognition, summer program participation, and other low-cost measures that would maximize the benefits of the partnerships.

The act authorizes SBE to recognize international education and sister-school partnership programs and allows foreign schools to receive professional development and technical assistance under the partnership program within available appropriations under the same conditions as Connecticut public schools. (sHB 5577, effective July 1, 2004)

This act expands the permissible uses of SDE educational technology program grants for school districts to include wireless connectivity, as well as traditional wiring and connectivity, computers, and software. It also requires superintendents to affirm in their school construction grant applications that the school district considered using wireless connectivity technology in their school building projects.

Finally, the act shifts primary responsibility for the development of (1) a statewide teacher and administrator competency standard for the use of technology for teaching and (2) a statewide plan for the achievement of this standard from the Commission for Educational Technology to SDE. (sSB 531, effective July 1, 2004)


May 10, 2004		2004-R-0426
2004 EDUCATION-RELATED LEGISLATION

By: Judith Lohman, Chief Analyst Soncia Coleman, Research Analyst