CHAPTER 185
BOARD OF GOVERNORS.
DEPARTMENT OF HIGHER EDUCATION

PART I
GENERAL PROVISIONS

      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.

      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.

      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.

      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.

      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.

      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.)

      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.

      See Sec. 10-21f re cooperation with Commissioner of Education in development of career ladder programs for high school students.

      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 the state system 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; P.A. 04-257, S. 13.)

      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; P.A. 04-257 made a technical change in Subsec. (d), effective June 14, 2004.

      Annotation to former section 10-323e:

      Cited. 175 C. 586.

      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.

      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 the state system 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 the state system 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.

      (g) Each constituent unit of the state system of higher education shall submit an accountability report to the Commissioner of Higher Education annually, by January first. The commissioner shall compile the reports and shall submit, in accordance with section 11-4a, a consolidated accountability report for the state system of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to education annually, by February first. The report shall contain accountability measures for each constituent unit and public institution of higher education pursuant to subsections (a) and (b) of this section. The report shall include updated baseline and peer comparison data, performance improvement targets for each measure, and other information as determined by the commissioner.

      (P.A. 99-285, S. 2, 12; P.A. 00-220, S. 24, 25, 38, 43; P.A. 01-173, S. 52, 67; P.A. 04-257, S. 14.)

      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; P.A. 01-173 added Subsec. (g) re annual reports, effective July 1, 2001; P.A. 04-257 made a technical change in Subsecs. (a), (f) and (g), effective June 14, 2004.

      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.

      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.

      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.)

      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.

      Sec. 10a-8c. Matching grant: Restrictions on appropriations. Exception. (a) Except as provided in subsection (b) of this section, notwithstanding the provisions of sections 10a-77a, 10a-99a, 10a-109c, 10a-109i and 10a-143a, no funds shall be appropriated to the Department of Higher Education for grants pursuant to subdivision (2) of subsection (a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-99a, subdivision (2) of subsection (b) of section 10a-109i and subdivision (2) of subsection (a) of section 10a-143a: (1) Until such time as the amount in the Budget Reserve Fund, established in section 4-30a, equals ten per cent of the net General Fund appropriations for the fiscal year in progress, (2) the amount of the grants appropriated shall be reduced proportionately if the amount available is less than the amount required for such grants, and (3) the amount of funds available to be appropriated during any fiscal year for such grants shall not exceed twenty-five million dollars.

      (b) Endowment fund eligible gifts that meet the criteria set forth in subdivision (2) of subsection (a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-99a, subdivision (2) of subsection (b) of section 10a-109i and subdivision (2) of subsection (a) of section 10a-143a made by donors during the period from January 1, 2005, to June 30, 2005, shall be matched by the Department of Higher Education in an amount equal to one-half of the total amount of endowment fund eligible gifts received. The department shall transfer the amount of the match to the endowment funds of the constituent units in accordance with section 10a-8b.

      (June Sp. Sess. P.A. 05-3, S. 68; P.A. 06-135, S. 11.)

      History: June Sp. Sess. P.A. 05-3 effective June 30, 2005; P.A. 06-135 designated existing language as Subsec. (a), making a conforming change therein, and added Subsec. (b) re exception to restrictions, effective July 1, 2006.

      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.

      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.)

      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.

      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.

      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.

      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).

      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.

      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 32-1m 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 cochairpersons 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; P.A. 05-191, S. 11; P.A. 06-196, S. 67.)

      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; P.A. 05-191 substituted "32-1m" for "32-4g"; P.A. 06-196 made a technical change, effective June 7, 2006.

      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.)

      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.

      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".

      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.

      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.

      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.

      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.)

      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.

      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.

      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.

      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.

      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.

      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.

      Sec. 10a-19b. Articulation agreement plans. Reports. (a) Not later than July 1, 2002, the Advisory Council on Student Transfer and Articulation established pursuant to section 10a-19a shall develop a plan to:

      (1) Ensure that there are articulation agreements between all the regional vocational-technical school programs, community-technical college programs and high school programs in regions of the state where such schools and colleges exist, including, but not limited to, business, nursing, allied health and other professional or preprofessional programs selected by the council;

      (2) Ensure that there are appropriate system-to-system articulation agreements between all the community-technical college programs and programs offered by the Connecticut State University system and The University of Connecticut including, but not limited to, business, nursing, allied health and other professional or preprofessional programs selected by the council;

      (3) Ensure that academic programs at public institutions of higher education identified by the council as addressing a workforce shortage area identified by the Labor Commissioner and the Office of Workforce Competitiveness are appropriately included in articulation agreements.

      (b) Not later than July 1, 2004, the council shall implement the plan developed pursuant to subsection (a) of this section.

      (c) Not later than July 1, 2002, and annually thereafter, the council, in consultation with the Departments of Education and Higher Education and the boards of trustees of the constituent units of the state system of higher education, shall report to the joint standing committees of the General Assembly having cognizance of matters relating to education and higher education and employment advancement on all articulation agreements involving higher education institutions and any progress made on the establishment of additional agreements, in accordance with section 11-4a.

      (P.A. 01-165, S. 1, 3; P.A. 03-278, S. 25; P.A. 04-257, S. 15.)

      History: P.A. 01-165 effective July 6, 2001; P.A. 03-278 made technical changes in Subsec. (c), effective July 9, 2003; P.A. 04-257 made a technical change in Subsec. (c), effective June 14, 2004.

      Sec. 10a-19c. Nursing incentive program. (a) There is established a Connecticut nursing incentive program administered by the Department of Higher Education.

      (b) The department shall provide financial assistance to up to four regional community-technical colleges that enter into partnerships with hospitals, as defined in section 19a-490, or other health care institutions, as defined in said section 19a-490, in order to secure nonstate funding to increase the number of faculty members at such regional community-technical colleges that are qualified to teach or train students to become registered nurses.

      (c) A regional community-technical college seeking such assistance shall submit to the Department of Higher Education its nursing faculty expansion plan, together with a commitment agreement signed by its hospital or health care institution partner or partners and information on the amount of nonstate funding secured by the partnership. Assistance provided by the department to a regional community-technical college (1) may be provided for up to two years in accordance with this subsection, and (2) shall not exceed (A) seventy-five thousand dollars per year, or (B) the annual amount of nonstate funding secured by the partnership, whichever is less. In determining whether to provide assistance pursuant to this section for a second year, the department shall consider the success of the nursing faculty expansion plan, as measured by factors including, but not limited to, the number of persons teaching or providing training to nursing students pursuant to the nursing faculty expansion program and the number of students graduating from nursing programs.

      (d) For the fiscal years ending June 30, 2005, and June 30, 2006, the Department of Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration.

      (P.A. 04-253, S. 1.)

      History: P.A. 04-253 effective June 14, 2004.

      Sec. 10a-19d. Training for early childhood education teachers. Definition of training requirements and competencies for persons involved in early childhood education. (a) The Commissioner of Higher Education shall, within available appropriations, expand the capacity of programs for training early childhood education teachers through the development of accelerated, alternate route programs to initial teacher certification with an endorsement in early childhood education.

      (b) The Commissioner of Higher Education, in consultation with the Office of Workforce Competitiveness, the Department of Education, the Department of Social Services, Charter Oak State College, early childhood education faculty at two and four-year public and independent institutions of higher education, early childhood education professional associations, early childhood education advocates and practitioners, and persons knowledgeable in the area of career development and programs in early childhood care and education, shall define the preservice and minimum training requirements and competencies for persons involved in early childhood education, from birth to five years of age, including requirements for individual levels of early childhood credentialing and licensing.

      (P.A. 06-154, S. 1.)

      History: P.A. 06-154 effective July 1, 2006.

      Sec. 10a-19e. "Engineering Connecticut" loan reimbursement grant program. (a) There is established an "Engineering Connecticut" loan reimbursement grant program, administered by the Department of Higher Education, for persons who have graduated from institutions of higher education with undergraduate or graduate degrees in engineering.

      (b) Within available appropriations, the program shall provide student loan reimbursement grants for persons who (1) attended any institution of higher education, (2) have been awarded an undergraduate or graduate degree in engineering, and (3) are newly employed in Connecticut on or after January 1, 2006, as engineers.

      (c) Persons who qualify under subsection (b) of this section shall be reimbursed on an annual basis for qualifying student loan payments in amounts as determined by the Commissioner of Higher Education. A person qualifying under subsection (b) of this section shall only be reimbursed for loan payments made while such person is employed in the state as an engineer. The Department of Higher Education shall develop eligibility requirements for recipients of such reimbursements. Such requirements may include income guidelines. Persons may apply for grants to the Department of Higher Education at such time and in such manner as the Commissioner of Higher Education prescribes.

      (d) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.

      (e) The Department of Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration, promotion and recruitment activities.

      (P.A. 06-83, S. 15.)

      History: P.A. 06-83 effective July 1, 2006.

      Sec. 10a-19f. "You Belong" loan reimbursement grant program. (a) There is established a "You Belong" loan reimbursement grant program, administered by the Department of Higher Education, for graduates of doctoral programs who are employed in Connecticut in economically valuable fields.

      (b) Within available appropriations, the program shall provide student loan reimbursement grants for persons who (1) have been awarded a doctoral degree from any institution of higher education, and (2) are newly employed in Connecticut in an economically valuable field, as determined by the Department of Economic and Community Development, on or after January 1, 2006, by a company or an institution of higher education that has registered with or otherwise been qualified under the program by the Department of Economic and Community Development.

      (c) Persons who qualify under subsection (b) of this section shall receive reimbursement grants on an annual basis for qualifying student loan payments in amounts as determined by the Commissioner of Higher Education. A person qualifying under subsection (b) of this section shall only be reimbursed for loan payments made while such person is employed in Connecticut by a qualifying company or in research at an institution of higher education in an economically valuable field. The Department of Higher Education shall develop eligibility requirements for recipients of such reimbursement grants in consultation with the Department of Economic and Community Development. Such requirements may include income guidelines. Persons may apply for grants to the Department of Higher Education at such time and in such manner as the Commissioner of Higher Education prescribes.

      (d) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.

      (e) The Department of Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration, promotion and recruitment activities.

      (P.A. 06-83, S. 16.)

      History: P.A. 06-83 effective July 1, 2006.