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.

      Sec. 10a-20. (Formerly Sec. 10-327e). Jurisdiction over professional staffs of the state system of higher education. Personnel guidelines. Notwithstanding the provisions of any general statute or special act to the contrary, the selection, appointment, assignment of duties, amount of compensation, sick leave, vacation, leaves of absence, termination of service, rank and status of the individual members of the respective professional staffs of the system of higher education shall be under the sole jurisdiction of the respective boards of trustees within available funds. The Board of Governors of Higher Education shall, in consultation with the Boards of Trustees of the Community-Technical Colleges and the Connecticut State University System and the Board for State Academic Awards, develop personnel guidelines for the central office staffs of said boards of trustees. The Board of Governors of Higher Education and the constituent unit boards shall each determine who constitutes the professional staffs of their respective units and establish compensation and classification schedules for their professional staffs. Each constituent board shall annually submit to the Commissioner of Administrative Services a list of the positions which it has included within the professional staff.

      (P.A. 77-573, S. 14, 30; 77-614, S. 67, 587, 610; P.A. 78-303, S. 85, 136; P.A. 82-218, S. 41, 46; P.A. 83-587, S. 16, 96; P.A. 84-241, S. 2, 5; P.A. 88-136, S. 18, 37; P.A. 89-260, S. 11, 41; P.A. 91-256, S. 47, 69.)

      History: P.A. 77-614 and P.A. 78-303 substituted commissioner of administrative services for personnel policy board; P.A. 82-218 reorganized system of higher education adding provisions re development of personnel guidelines for the central office staffs, effective March 1, 1983; Sec. 10-327e transferred to Sec. 10a-20 in 1983; P.A. 83-587 substituted "Connecticut State University" for "state colleges"; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 88-136 deleted obsolete requirement that the board of governors submit personnel guidelines to the general assembly no later than January 15, 1984; P.A. 89-260 substituted the board of trustees of the community-technical colleges for the boards of trustees of the regional community colleges and state technical colleges; P.A. 91-256 made a technical change.

      Annotation to former section 10-327e:

      Cited. 175 C. 586.

      Sec. 10a-20a. Endowed Chair Investment Fund. (a) The Board of Governors of Higher Education may establish and administer a fund to be known as the Endowed Chair Investment Fund. Within the limits of funds available, the board may deposit state funds for an endowed chair approved under subsection (c) of this section to an account within said fund in an amount not less than five hundred thousand dollars.

      (b) State funds deposited by the board of governors to the Endowed Chair Investment Fund shall be invested by the State Treasurer.

      (c) The Board of Trustees of The University of Connecticut and the Board of Trustees of the Connecticut State University System may apply for the establishment of an endowed chair to be supported by a grant of not less than five hundred thousand and not more than one million dollars from the Endowed Chair Investment Fund and a matching nonstate contribution. Applications for endowed chairs shall be accepted on October first and April first in each year in which funds are available. To apply for the state grant, the board of trustees shall notify the board of governors that it has raised a matching nonstate contribution and that it is eligible for a grant of state funds to establish an endowed chair in a specific academic discipline. The board of trustees shall submit for the board's review and approval evidence that the chair will be established in a center of excellence, as defined in subsection (b) of section 10a-25h.

      (d) Following approval of state funding for an endowed chair by the board of governors, the board of trustees of the institution at which the chair is established shall select candidates to fill the endowed chair and shall develop a budget for expenditures associated with the chair.

      (e) Interest income earned under subsection (b) of this section shall be deposited to the Endowed Chair Investment Fund and, following establishment of an endowed chair under subsection (c) of this section shall be allocated, upon request, to The University of Connecticut or to the Connecticut State University system, as appropriate, to support the endowed chair. Nonstate matching contributions shall be held by a duly established foundation of The University of Connecticut or the Connecticut State University system and the interest on such contributions shall be used to support the endowed chair.

      (f) The boards of trustees shall submit annual reports to the board of governors concerning endowed chair expenditures.

      (P.A. 85-565, S. 1, 3; P.A. 88-38, S. 1, 2; P.A. 91-256, S. 48, 69; P.A. 94-245, S. 6, 46; P.A. 97-293, S. 15, 26; P.A. 00-187, S. 24, 75.)

      History: P.A. 88-38 deleted requirement in Subsec. (b) that funds be invested through the short term investment fund; P.A. 91-256 made technical changes; P.A. 94-245 amended Subsec. (e) to allow for allocation of interest income "upon request" rather than "annually"; P.A. 97-293 amended Subsec. (a) to substitute "funds available" for "appropriations" and amended Subsec. (c) to change "a grant of five hundred thousand" to "a grant of not less than five hundred thousand and not more than seven hundred fifty thousand", effective July 8, 1997; P.A. 00-187 increased the maximum amount in Subsec. (c) from seven hundred fifty thousand to one million dollars, effective July 1, 2000.

      Sec. 10a-21. (Formerly Sec. 10-328e). Collective bargaining. Nothing contained in this part shall affect the various bargaining units established pursuant to section 5-275.

      (P.A. 77-573, S. 26, 30.)

      History: Sec. 10-328e transferred to Sec. 10a-21 in 1983 pursuant to reorganization of higher education system.

      Sec. 10a-22. (Formerly Sec. 10-326h). Contracts with independent or public institutions as licensed postsecondary proprietary schools. Cooperative arrangements for joint use of facilities, programs and services. Contract award. (a) In order to secure for the citizens of Connecticut the additional advantages which would accrue from more efficient use of the educational resources of the state, the Board of Governors of Higher Education is authorized to enter into contracts involving two or more of the public institutions or any combination of public institutions, independent institutions and licensed postsecondary proprietary schools, with participation involving at least two of these sectors, one of which shall be a public institution. Such contracts shall encourage and promote (1) cooperative arrangements for the joint use of facilities, programs and services, (2) development of cooperative academic programs to meet changing societal needs and (3) improved planning and evaluation processes related to institutional or programmatic consolidations, retrenchment or phase-out. The board may allocate funds appropriated for the purposes of this section to a participating independent institution, public institution, or licensed postsecondary proprietary school. Participating institutions or schools shall be required to contribute a total amount equal to at least twenty-five per cent of the amount of the contract award, provided the participating institutions shall identify the nature and amount of said contribution requirement in the proposal submitted for consideration in accordance with the provisions of this section. Contracting for activities supported by this section shall be for a period of one year. In special circumstances, activities may be eligible for a second year of support if the applicants can demonstrate the feasibility for continuation of the activity from other funding sources beyond the second year.

      (b) For the purposes of this section: (1) A program is defined as a course of study leading to certification, licensure, certificate, or degree at all postsecondary levels; (2) a facility is defined as a building or an area within a building, a group of buildings, a special area, or specialized items of equipment used for educational purposes; (3) a service is defined as a formal activity designed to explore scientific, technological or humanistic problems, to find solutions to contemporary societal problems or to provide selected public service or student service activities; (4) an independent institution is a college or university located in this state which is not included in the Connecticut system of public higher education and whose primary function is other than the preparation of students for religious vocation; and (5) a licensed postsecondary proprietary school is an educational institution so licensed by the State Board of Education.

      (c) The Board of Governors of Higher Education shall provide continuing evaluation of the effectiveness of such contracts and shall submit on or before February first, annual reports and recommendations to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education. In administering this section, the Board of Governors of Higher Education shall develop and use fiscal procedures designed to insure accountability of public funds.

      (P.A. 77-573, S. 17, 30; P.A. 81-212, S. 1, 2; P.A. 82-218, S. 37, 46; 82-314, S. 57, 63; P.A. 84-241, S. 2, 5.)

      History: P.A. 81-212 restated provisions re cooperative arrangements between postsecondary institutions and added provisions limiting duration of contracts and requiring participating institutions to contribute at least twenty-five per cent of the contract award; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 82-314 changed official name of education committee; Sec. 10-326h transferred to Sec. 10a-22 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-22a. (Formerly Sec. 10-7a). Private occupational schools. Definitions. As used in sections 10a-22a to 10a-22o, inclusive:

      (1) "Private occupational school" means a person, board, association, partnership, corporation, limited liability company or other entity offering instruction in any form or manner in any trade, industrial, commercial, service, professional or other occupation for any remuneration, consideration, reward or promise of whatever nature, except "private occupational school" shall not include (A) instruction offered under public supervision and control; (B) instruction conducted by a firm or organization solely for the training of its own employees or members; or (C) instruction offered by a school authorized by the General Assembly to confer degrees;

      (2) "Additional classroom site" means a facility that (A) is geographically located close to the school or branch that oversees the site, such that students must utilize services provided at such school or branch, (B) conducts permanent or temporary educational activities, and (C) offers courses or full programs of study;

      (3) "Board of Governors" means the Board of Governors for Higher Education;

      (4) "Branch" means a subdivision of a school (A) located at a different facility and geographical site from the school, except for a site that is an additional classroom site as determined by the commissioner, or the commissioner's designee, and (B) that (i) offers one or more complete programs leading to a diploma or certificate; (ii) operates under the school's certificate of operation; (iii) meets the same conditions of authorization as the school; and (iv) exercises administrative control and is responsible for its own academic affairs; and

      (5) "Commissioner" means the Commissioner of Higher Education.

      (P.A. 79-380, S. 1; P.A. 83-501, S. 1, 12; P.A. 93-294, S. 1, 17; P.A. 95-79, S. 19, 189; P.A. 06-150, S. 1.)

      History: P.A. 83-501 clarified definition of "private occupational school" to mean a "person, board, association, partnership, corporation or other entity" rather than a "school" offering instruction; P.A. 93-294 made technical changes, effective July 1, 1993; Sec. 10-7a transferred to Sec. 10a-22a in 1995; P.A. 95-79 redefined "private occupational school" to include limited liability companies, effective May 31, 1995 (Revisor's note: The Revisors editorially placed quotation marks around the term "private occupational school" in the exception); P.A. 06-150 redefined "private occupational school" to include "professional or other" occupation, made conforming and technical changes and defined "additional classroom site", "Board of Governors", "branch" and "commissioner".

      Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as occupational school; application; evaluation. (a) No person, board, association, partnership, corporation, limited liability company or other entity shall offer instruction in any form or manner in any trade, or in any industrial, commercial, service, professional or other occupation unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the commissioner a certificate authorizing the occupational instruction to be offered.

      (b) Except for initial authorizations, the commissioner shall accept institutional accreditation by an accrediting agency recognized by the United States Department of Education, in satisfaction of the requirements of this section and section 10a-22d, including the evaluation and attendance requirement, unless the commissioner finds reasonable cause not to rely upon such accreditation.

      (c) Each person, board, association, partnership, corporation, limited liability company or other entity which seeks to offer occupational instruction shall submit to the commissioner, or the commissioner's designee, in such manner as the commissioner, or the commissioner's designee, shall prescribe, an application for a certificate of authorization which includes, but need not be limited to, (1) the proposed name of the school; (2) ownership and organization of the school including the names and addresses of all principals, officers, members and directors; (3) names and addresses of all stockholders of the school, except for applicants which are listed on a national securities exchange; (4) addresses of any building or premises on which the school will be located; (5) description of the occupational instruction to be offered; (6) the proposed student enrollment agreement; (7) the proposed school catalog; (8) financial statements detailing the financial condition of the school prepared by management and reviewed or audited by an independent licensed certified public accountant or independent licensed public accountant; and (9) an agent for service of process. Submitted with an application for initial authorization shall be a nonrefundable application fee in the amount of two thousand dollars made payable to the private occupational school student protection account.

      (d) Upon receipt of a complete application pursuant to subsection (c) of this section, the commissioner shall cause to be conducted an evaluation of the applicant school. Thereafter, the commissioner shall advise the applicant of authorization or nonauthorization not later than one hundred twenty days following the completed appointment of an evaluation team pursuant to subsection (e) of this section. The commissioner may consult with the Labor Department and may request the advice of any other state agency which may be of assistance in making a determination. In the event of nonauthorization by the commissioner, he shall set forth the reasons therefor in writing and the applicant school may request in writing of the Board of Governors a hearing pursuant to chapter 54.

      (e) For purposes of an evaluation of an applicant school, the commissioner, or the commissioner's designee, shall appoint an evaluation team which shall include (1) at least two members representing the Board of Governors, and (2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. The applicant school shall have the right to challenge any proposed member of the evaluation team for good cause shown. A written challenge shall be filed with the commissioner within ten business days following the appointment of such evaluation team. In the event of a challenge, a decision shall be made thereon by the Commissioner of Higher Education within ten business days from the date such challenge is filed, and if the challenge is upheld the Commissioner of Higher Education shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The commissioner, or the commissioner's designee, shall not appoint any person to an evaluation team unless the commissioner, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in this section. The statement shall be on a form prescribed by the commissioner and shall be signed under penalty of false statement. Members of the evaluation team shall serve without compensation. Except for any member of the evaluation team who is a state employee, members shall be reimbursed for actual expenses, which expenses shall be charged to and paid by the applicant school.

      (f) The evaluation team appointed pursuant to subsection (e) of this section shall: (1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of noncompliance; (3) give the school sixty days from the date of the report to provide evidence of compliance; and (4) submit to the commissioner a written report recommending authorization or nonauthorization not later than one hundred twenty days after the on-site inspection. The evaluation team shall determine whether (A) the quality and content of each course or program of instruction, including, but not limited to, residential, on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B) the school has adequate space, equipment, instructional materials and personnel for the instruction offered; (C) the qualifications of directors, administrators, supervisors and instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students and other interested persons shall be provided with a catalog or similar publication describing the courses and programs offered, course and program objectives, length of courses and programs, schedule of tuition, fees and all other charges and expenses necessary for completion of the course or program, termination, withdrawal and refund policies; (E) upon satisfactory completion of the course or program, each student shall be provided appropriate educational credentials by the school; (F) adequate records shall be maintained by the school to show attendance and grades, or other indicators of student progress, and standards shall be enforced relating to attendance and student performance; (G) the applicant school shall be financially sound and capable of fulfilling its commitments to students; and (H) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school.

      (P.A. 79-380, S. 2; P.A. 83-501, S. 2, 12; P.A. 88-360, S. 1, 63; P.A. 89-251, S. 66, 203; P.A. 90-198, S. 1, 5; P.A. 93-294, S. 2, 17; P.A. 97-138; May 9 Sp. Sess. P.A. 02-7, S. 14; P.A. 06-150, S. 2.)

      History: P.A. 83-501 amended Subdiv. (8) of Subsec. (b) to provide that financial statement is to be prepared by management of the school and reviewed or audited by a licensed certified public accountant rather than prepared by accountant and attested to by management of school and made slight changes in wording throughout section; P.A. 88-360 in Subsec. (d) increased the number of days the state board of education has to make a decision on a challenge from fourteen to forty-five; P.A. 89-251 increased the application fee from two hundred fifty dollars to five hundred dollars; P.A. 90-198 in Subsec. (d) allowed a designee of the commissioner to appoint an evaluation team, added to the team an additional member representing the state board of education, removed the member who is a private occupational school administrator and the right of the applicant school to reject certain members, substituted ten business days for fourteen days as the time within which a challenge shall be filed, substituted the commissioner of education for the state board of education as the person to make decisions on challenges, decreased the number of days to make a decision on a challenge from forty-five days to ten business days, allowed employees of the state or political subdivisions to be members of teams and required members of teams to provide statements of no conflict of interest; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and technical changes, effective July 1, 1993; Sec. 10-7b transferred to Sec. 10a-22b in 1995; P.A. 97-138 amended Subsec. (a) to add provision concerning the acceptance of institutional accreditations by accrediting agencies recognized by the U.S. Department of Education in satisfaction of the requirements of this section and Sec. 10a-22d, except for initial authorizations; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) by adding reference to attendance requirement, effective August 15, 2002; P.A. 06-150 amended Subsec. (a) to include limited liability companies as entities required to receive certificate of authority, change "occupational" instruction to instruction "in any form or manner in any trade, or in any industrial, commercial, service, professional or other occupation" and designate part of subsection as new Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to require application for certification to include names and addresses of members of school, financial statements to be prepared by independent licensed certified public accountant or independent licensed public accountant and designation of agent for service of process and to increase application fee from five hundred to two thousand dollars, payable to private occupational school student protection account, redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to change time period for notification of authorization or nonauthorization from "within ninety" to "not later than one hundred twenty" days, redesignated existing Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (f) and amended subsection to add new Subdivs. (1) to (4) re requirements of evaluation team, redesignate existing Subdivs. (1) to (8) as Subparas. (A) to (H), include "residential, on-line, home study and correspondence" in Subpara. (A) and change "cancellation" to "termination, withdrawal" in Subpara. (D), and added "commissioner's designee" and made conforming and technical changes throughout section.

      Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be authorized. (a) No certificate to operate a private occupational school shall be authorized by the commissioner, or the commissioner's designee, if (1) any principal, officer, member or director of the applicant school has acted in a similar capacity for a private occupational school which has had its authorization revoked pursuant to section 10a-22f; (2) the applicant school does not have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness to operate for the period of time for which authorization is sought; (3) the applicant school or any of its agents engages in advertising, sales, collection, credit or other practices which are false, deceptive, misleading or unfair; (4) the applicant school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation with the commissioner; (5) the applicant school fails to satisfactorily meet the criteria set forth in subsection (f) of section 10a-22b; or (6) a private occupational school that has previously closed fails to follow the procedures for school closure under section 10a-22m.

      (b) The commissioner may deny a certificate of authorization if the person who owns or intends to operate a private occupational school has been convicted in this state, or any other state, of larceny in violation of section 53a-122 or 53a-123; identity theft in violation of section 53a-129b or 53a-129c; forgery in violation of section 53a-138 or 53a-139; or has a criminal record in this state, or any other state, that the commissioner reasonably believes renders the person unsuitable to own and operate a private occupational school. A refusal of a certificate of authorization under this subsection shall be made in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.

      (c) No certificate to operate a private occupational school shall be issued by the commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner certificates indicating that the buildings and premises for such school meet all applicable state and local fire and zoning requirements. Such certificates shall be attested to by the fire marshal and zoning enforcement officer within the municipality in which such school is located.

      (d) No certificate to operate a new private occupational school shall be issued by the commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner an irrevocable letter of credit in the penal amount of twenty thousand dollars guaranteeing the payments required of the school to the private occupational school student protection account in accordance with the provisions of section 10a-22u. The letter of credit shall be payable to the private occupational school student protection account in the event that such school fails to make payments to the account as provided in subsection (a) of section 10a-22u or in the event the state takes action to reimburse the account for a tuition refund paid to a student pursuant to the provisions of section 10a-22v, provided the amount of the letter of credit to be paid into the private occupational school student protection account shall not exceed the amounts owed to the account. The letter of credit required by this subsection shall be released eight years after the date of initial approval, provided evidence of fiscal soundness has been verified.

      (e) The commissioner shall notify the applicant private occupational school, by certified mail, return receipt requested of the decision to grant or deny a certificate of authorization not later than sixty days after receiving the written report of the evaluation team appointed pursuant to subsection (e) of section 10a-22b.

      (P.A. 79-380, S. 3; P.A. 83-150, S. 1, 4; 83-194, S. 1, 2; 83-501, S. 3, 12; P.A. 93-294, S. 3, 17; P.A. 05-60, S. 1; P.A. 06-150, S. 3.)

      History: P.A. 83-194 added Subsec. (c) requiring new private occupational schools to file an irrevocable letter of credit in the penal amount of ten thousand dollars (Revisor's note: The name "Default Assurance Fund" was changed editorially by the Revisors to "Private Occupational School Student Protection Fund" by authority of P.A. 83-150); P.A. 83-501 amended Subsec. (a) adding provision that authorization to operate will be withheld if school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and amended Subsec. (c) to change the provision for the excusing of the letter of credit based on five years from the date of the letter of credit to five years from the date of initial approval and to remove obsolete language, effective July 1, 1993; Sec. 10-7c transferred to Sec. 10a-22c in 1995; (Revisor's note: In 1997 references in Subsec. (c) to the "Private Occupational School Student Protection Fund" were replaced editorially by the Revisors with "private occupational school protection account" to conform section with Sec. 10a-22u); P.A. 05-60 amended Subsec. (c) to raise penal amount from ten to twenty thousand dollars and to increase the dollar amount and time period required to excuse the letter of credit from ten to twenty thousand dollars and from five to eight years, respectively, effective July 1, 2005; P.A. 06-150 amended Subsec. (a) to include "member" in Subdiv. (1) and to add Subdivs. (5) and (6) re criteria for denial of certificate of authorization, added new Subsec. (b) re criteria for denial of certificate of authority based on criminal record, redesignated existing Subsec. (b) as Subsec. (c), redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to eliminate provision re release of letter of credit upon payment by school of twenty thousand dollars into private occupational school student protection account and to require verification of evidence of fiscal soundness prior to release, added Subsec. (e) re notification of decision to grant or deny certificate of authority and made conforming and technical changes throughout section.

      Sec. 10a-22d. (Formerly Sec. 10-7d). Authorization: Conditions for renewal, fees, probation, extension. (a) After the initial year of approval and for the next three years of operation as a private occupational school, authorization shall be required annually.

      (b) Following the fourth year of continuous authorization, a renewal of the certificate of authorization, if granted, shall be for a period not to exceed five years and may be subject to an evaluation pursuant to subsections (e) and (f) of section 10a-22b, provided no private occupational school shall operate for more than five additional years from the date of any renewal without the completion of an evaluation pursuant to subsections (e) and (f) of section 10a-22b.

      (c) Renewal of the certificate of authorization shall be granted only upon (1) the annual fee payment to the Board of Governors of a nonrefundable fee of two hundred dollars, and an additional fee of two hundred dollars for each branch school under section 10a-22g, (2) submission of any reports or audits concerning the fiscal condition of the school or its continuing eligibility to participate in federal student financial aid programs, (3) the filing with the commissioner of a complete application for a renewed certificate of authorization not less than one hundred twenty days prior to the termination date of the most recent certificate of authorization, and (4) a determination that the occupational school meets all the conditions of its recent authorization.

      (d) If the commissioner, or the commissioner's designee, determines, at any time during a school's authorization period, that such school is out of compliance with the conditions of authorization under sections 10a-22a to 10a-22o, inclusive, and any applicable regulations of Connecticut state agencies, the school may be placed on probation for a period not to exceed one year. If, after the period of one year of probationary status, the school remains out of compliance with the conditions of authorization, the commissioner may revoke such school's certificate of authorization to operate as a private occupational school pursuant to section 10a-22f. During the school's period of probation, the school shall post its probationary certificate of authorization in public view. The Department of Higher Education may publish the school's probationary certificate of authorization status.

      (e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, inclusive, the commissioner may authorize the extension of the most recent certificate of authorization for a period not to exceed sixty days for good cause shown, provided such extension shall not change the date of the original certificate's issuance or the date for each renewal.

      (P.A. 79-380, S. 4; P.A. 83-501, S. 4, 12; P.A. 86-48, S. 1, 5 P.A. 88-360, S. 2, 63; P.A. 91-295, S. 2, 7; P.A. 93-294, S. 4, 17; P.A. 06-150, S. 4.)

      History: P.A. 83-501 replaced former section which provided that after initial authorization, renewal was required every three years with provision that would require annual authorization for a period of three years after which renewal will be for a period of three years; P.A. 86-48 added Subsec. (a) and Subdiv. (1) designations and requirement for payment of additional fees for extension or branch schools in Subsec. (a), added Subdiv. (2) of Subsec. (a) re time limit for filing of an application for a renewal certificate and added Subsec. (b) re extension of certificate; P.A. 88-360 amended Subsec. (b) to provide that an extension shall not change the date of the original certificate's issuance or the date for each renewal; P.A. 91-295 in Subsec. (a) deleted requirement for an evaluation at the time of each renewal and added provision that no school operate for more than three additional years from the date of any renewal without an evaluation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, amended Subsec. (a) to provide for a five-year renewal instead of a three-year renewal, to add Subdiv. (2) re federal reports and audits and renumbered the existing Subdiv. (2) as Subdiv. (3) and added the exception clause on probationary authorization, effective July 1, 1993; Sec. 10-7d transferred to Sec. 10a-22d in 1995; P.A. 06-150 amended Subsec. (a) to provide for annual renewal of authorization after initial year of operation and next three years and to designate parts of subsection as new Subsecs. (b) and (c), amended said Subsec. (c) to increase annual fee from one hundred to two hundred dollars, require additional fee of two hundred dollars for each branch school, require submission of all reports or audits re fiscal condition of school, delete provisions re failure to renew authorization and issuance of probationary authorization and add Subdiv. (4) re criteria for renewal of authorization, added Subsec. (d) re probation and revocation of certificate of authorization, redesignated existing Subsec. (b) as Subsec. (e) and made conforming and technical changes throughout section.

      Sec. 10a-22e. (Formerly Sec. 10-7f). Revision of conditions of authorization. (a) During any period of authorization by the commissioner to operate as a private occupational school pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, such private occupational school may request revision of the conditions of its authorization. Such school shall make such request to the commissioner, in the manner and on such forms prescribed by the commissioner sixty days prior to the proposed implementation date of any intended revision. Such revision shall include, but not be limited to, changes in (1) courses or programs; (2) ownership of the school; (3) name of the school; (4) location of the school's main campus; or (5) location of any of the school's additional classroom sites or branch campuses.

      (b) The commissioner, or the commissioner's designee, may, not later than thirty days after receipt of a request to revise the conditions of authorization, issue an order prohibiting any such change if it would constitute a material or substantial deviation from the conditions of authorization.

      (c) If the commissioner, or the commissioner's designee, fails to take action upon a request for revision by the thirtieth day following the proposed implementation date of the intended revision, such request shall be deemed approved, and the private occupational school's certificate of authorization shall be so revised for the same period as its current authorization.

      (P.A. 79-380, S. 6; P.A. 83-501, S. 5, 12; P.A. 93-294, S. 5, 17; P.A. 06-150, S. 5.)

      History: P.A. 83-501 added provision requiring thirty days notice prior to any revision in conditions of authorization, including notification of changes in courses or programs, ownership of school, name of school or location of school; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7f transferred to Sec. 10a-22e in 1995; P.A. 06-150 divided existing provisions into Subsecs. (a) and (b), amended Subsec. (a) to make conforming changes, to permit schools to request revision of conditions of authorization sixty days prior to implementation date of proposed revision instead of thirty days prior to intended revision, to permit change in location of school's main campus in Subdiv. (4), and to add Subdiv. (5) to permit change in location of additional classroom sites or branches, amended Subsec. (b) to permit commissioner or designee to issue order prohibiting change not later than thirty days after receipt of request for revision and delete language re appeal of order to Board of Governors, and added Subsec. (c) re approval of request for revision if commissioner or designee fails to act by thirtieth day.

      Sec. 10a-22f. (Formerly Sec. 10-7g). Revocation of certificate of authorization. (a) A certificate of authorization issued to a private occupational school pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, may be revoked by the commissioner if such school (1) ceases to meet the conditions of its authorization; (2) commits a material or substantial violation of sections 10a-22a to 10a-22o, inclusive, or sections 10a-22u to 10a-22w, inclusive, or the regulations prescribed thereunder; (3) makes a false statement about a material fact in application for authorization or renewal; or (4) fails to make a required payment to the private occupational school student protection account pursuant to section 10a-22u.

      (b) The commissioner, or the commissioner's designee, shall serve written notice, by certified mail, return receipt requested upon a private occupational school indicating that revocation of the school's authorization is under consideration and the commissioner shall set forth the reasons such revocation is being considered. Not later than forty-five days after mailing such written notice, the commissioner, or the commissioner's designee, shall hold a compliance conference with the private occupational school.

      (c) If, after the compliance conference, the commissioner determines that revocation of the certificate of authorization is appropriate, the commissioner shall issue an order and serve written notice by certified mail, return receipt requested upon the private occupational school, which notice shall include, but not be limited to, the date of the revocation.

      (d) A private occupational school aggrieved by the order of the commissioner revoking its certificate of authorization pursuant to subsection (c) of this section shall, not later then fifteen days after such order is mailed, request in writing a hearing before the Board of Governors. Such hearing shall be held in accordance with the provisions of chapter 54.

      (P.A. 79-380, S. 7; P.A. 84-176, S. 1, 5; P.A. 86-48, S. 2, 5; P.A. 87-434, S. 2, 5; P.A. 93-294, S. 6, 17; P.A. 96-180, S. 15, 166; 96-244, S. 31, 63; P.A. 06-150, S. 6.)

      History: P.A. 84-176 amended Subsec. (b) to clarify that a school aggrieved by a decision may request a hearing within fourteen administrative days after "receipt of written notice" of the completion of an administrative review; P.A. 86-48 amended Subsec. (b) to add time limit for giving of written notice of the determination of the administrative review and to substitute the word "days" for "administrative days" (Revisor's note: References in Subsec. (a) to repealed Sec. 10-7e were deleted editorially by the Revisors); P.A. 87-434 specified when the review is to begin and be completed and extended the amount of time to give written notice of the conclusions of the review; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec. 10-7g transferred to Sec. 10a-22f in 1995; P.A. 96-180 amended Subsec. (a) by substituting "student protection account" for "default assurance fund", effective June 3, 1996; P.A. 96-244 also amended Subsec. (a) by replacing "default assurance fund" with "private occupational school student protection account", effective July 1, 1996; P.A. 06-150 amended Subsec. (a) to make technical changes and, in Subdiv. (3), include false statement in application for renewal as basis for revocation of certification of authorization, amended Subsec. (b) to insert "or the commissioner's designee", require notice of consideration of revocation to be given by certified mail, return receipt requested, delete provisions re administrative review of consideration of revocation and add provision requiring commissioner or commissioner's designee to hold compliance conference with school, added Subsec. (c) re order by commissioner of revocation of authorization and added Subsec. (d) permitting appeal by aggrieved school to Board of Governors.

      Sec. 10a-22g. (Formerly Sec. 10-7h). Additional classroom sites and branch schools. (a) A private occupational school which is authorized by the commissioner pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, may request authorization to establish and operate additional classroom sites or branch schools for the purpose of offering the occupational instruction authorized by the commissioner, provided the additional classroom site or branch school complies with the provisions of subsection (b) of this section. Such school shall make such request for authorization to operate an additional classroom site or branch school, in the manner and on such forms as prescribed by the commissioner, at least thirty days prior to the proposed establishment of such additional classroom site or branch school.

      (b) The buildings and premises for such additional classroom site or branch school shall meet all applicable state and local fire and zoning requirements, and certificates attesting the same signed by the local fire marshal and zoning enforcement officer shall be filed with the commissioner prior to offering such occupational instruction. The additional classroom site or branch school shall be in compliance with the relevant requirements set forth in subsection (f) of section 10a-22b. A nonrefundable fee in the amount of two hundred dollars for each branch school shall be paid annually into the private occupational school student protection account.

      (c) The commissioner, or the commissioner's designee, not later than thirty days after the proposed date for establishment of a branch school, may issue an order prohibiting any such establishment of a branch school if it would constitute a material or substantial deviation from the conditions of authorization or if the private occupational school fails to meet the requirements set forth in subsection (b) of this section.

      (d) If the commissioner, or the commissioner's designee, fails to take action upon the request for revision by the thirtieth day after the proposed date for establishment of such additional classroom site or branch school, such request shall be deemed approved.

      (P.A. 79-380, S. 8; P.A. 83-501, S. 6, 12; P.A. 91-295, S. 3, 7; P.A. 93-294, S. 7, 17; P.A. 06-150, S. 7.)

      History: P.A. 83-501 amended Subsec. (a) requiring evaluation of branch or extension school pursuant to Subsec. (e) of Sec. 10-7b and requiring payment of fifty-dollar nonrefundable fee; P.A. 91-295 in Subsec. (a) increased the fee from fifty to one hundred dollars; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec. 10-7h transferred to Sec. 10a-22g in 1995; P.A. 06-150 amended Subsec. (a) to permit schools to request authorization to establish and operate additional classroom sites, require that additional classroom sites and branch schools comply with provisions of Subsec. (b), require request for authorization to be made at least thirty days prior to proposed establishment of additional classroom site or branch school and designate part of subsection as new Subsec. (b), amended said Subsec. (b) to make provisions applicable to additional classroom site and branch school, delete provisions requiring that notice of extension or branch operation and course or program of instruction offered be filed with commissioner, increase amount of annual fee from one hundred to two hundred dollars to be paid into the private occupational school student protection account, redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to permit commissioner or commissioner's designee to issue order prohibiting establishment of branch school not later than thirty days after proposed date for establishment of branch school and to add failure of school to meet requirements of Subsec. (b) as reason for issuing order, added Subsec. (d) re approval of request upon failure of commissioner or commissioner's designee to act on request by thirtieth day after proposed date for establishment of additional classroom site or branch school, and made technical and conforming changes throughout section.

      Sec. 10a-22h. (Formerly Sec. 10-7i). Representatives of private occupational schools. (a) No representative of a private occupational school not authorized pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, shall visit the residence of any prospective student, solicit enrollments, sell occupational instruction in any form or manner, make representations or give counsel to prospective students without first obtaining a permit from the commissioner. Such permit shall not be represented to constitute approval of the school itself. Any contract entered into in violation of this section shall not be enforceable by such school.

      (b) Any person seeking to represent an out-of-state private occupational school not authorized pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, shall file an application with the state Department of Higher Education on forms prescribed by the commissioner. Upon issuance of a permit such representative shall pay a nonrefundable fee of five hundred dollars into the private occupational student protection account. The permit shall be valid for a period of one year from date of issuance.

      (P.A. 79-380, S. 9; P.A. 91-295, S. 4, 7; P.A. 93-294, S. 8, 17; P.A. 06-150, S. 8.)

      History: P.A. 91-295 in Subsec. (b) increased the fee from twenty-five to fifty dollars; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7i transferred to Sec. 10a-22h in 1995; P.A. 06-150 made technical changes in Subsecs. (a) and (b) and amended Subsec. (b) to require representatives of out-of-state schools not authorized under applicable statutes to file application with Department of Higher Education and to pay nonrefundable fee of five hundred dollars into private occupational student protection account.

      Sec. 10a-22i. (Formerly Sec. 10-7j). Administrative penalty. (a) The commissioner may assess any person, board, partnership, association, corporation, limited liability company or other entity which violates any provision of sections 10a-22a to 10a-22o, inclusive, or sections 10a-22u to 10a-22w, inclusive, an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation.

      (b) The commissioner shall serve written notice upon a private occupational school when the assessment of such an administrative penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty. Not later than forty-five days after mailing such notice to the private occupational school, the commissioner, or the commissioner's designee, shall hold a compliance conference with the private occupational school.

      (c) If, after the compliance conference, the commissioner determines that imposition of an administrative penalty is appropriate, the commissioner shall issue an order and serve written notice by certified mail, return receipt requested upon the private occupational school.

      (d) A private occupational school aggrieved by the order of the commissioner imposing an administrative penalty pursuant to subsection (c) of this section shall, not later then fifteen days after such order is mailed, request in writing a hearing before the Board of Governors. Such hearing shall be held in accordance with the provisions of chapter 54.

      (P.A. 79-380, S. 10; P.A. 84-176, S. 2, 5; P.A. 86-48, S. 3, 5; P.A. 90-198, S. 2, 5; P.A. 93-294, S. 9, 17; P.A. 06-150, S. 9.)

      History: P.A. 84-176 amended section inserting references to Secs. 10-7f to 10-7l, inclusive, and clarifying that the penalty to be assessed is an administrative penalty; P.A. 86-48 added Subsec. (a) designation and substituted "commissioner" for "state board" in Subsec. (a) and added Subsec. (b) re procedures for assessing the penalty and for appeal; P.A. 90-198 in Subsec. (b) increased the number of days for completion of an administrative review from twenty-one to forty-five; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7j transferred to Sec. 10a-22i in 1995; P.A. 06-150 amended Subsec. (a) to make conforming changes and include limited liability companies as entities subject to administrative penalty, amended Subsec. (b) to insert "an administrative", delete provisions re process for administrative review and hearing and add provision requiring compliance conference not later than forty-five days after mailing of notice of consideration of administrative penalty, added Subsec. (c) re imposition of administrative penalty after compliance conference and added Subsec. (d) permitting aggrieved school to request hearing before Board of Governors.

      Sec. 10a-22j. (Formerly Sec. 10-7k). Court orders to prevent violations. The commissioner, through the Attorney General, may seek an order from the Superior Court to prevent any violation of sections 10a-22a to 10a-22o, inclusive, or sections 10a-22u to 10a-22w, inclusive.

      (P.A. 79-380, S. 11; P.A. 93-294, S. 10, 17; P.A. 06-150, S. 10.)

      History: P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7k transferred to Sec. 10a-22j in 1995; P.A. 06-150 authorized Commissioner of Higher Education, rather than Board of Governors, to prevent violation of specified sections by seeking order from Superior Court through the Attorney General, made technical and conforming changes and deleted provision re injunction in accordance with chapter 916.

      Sec. 10a-22k. (Formerly Sec. 10-7l). Regulations. The Board of Governors shall adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive.

      (P.A. 79-380, S. 12; P.A. 93-294, S. 11, 17; P.A. 06-150, S. 11.)

      History: P.A. 93-294 made changes necessitated by the transfer of authority for the authorization from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7l transferred to Sec. 10a-22k in 1995; P.A. 06-150 made technical and conforming changes.

      Sec. 10a-22l. Operation without certificate of authorization. Penalty. Investigation. (a) Any private occupational school operating without a certificate of authorization required under section 10a-22b or operating an additional classroom site or branch school in violation of section 10a-22g shall be fined not more than five hundred dollars for each day of unauthorized operation, to be paid into the private occupational student protection account.

      (b) The commissioner, or the commissioner's designee, may conduct an investigation and, through the Attorney General, maintain an action in the name of the state against any person to restrain or prevent the establishment or operation of an institution that does not have a certificate of authorization.

      (P.A. 06-150, S. 12.)

      Sec. 10a-22m. School closure. Revocation of certificate of authorization. (a) A private occupational school shall notify the commissioner, in writing, at least sixty days prior to closure of such school. The private occupational school shall provide evidence prior to closing that: (1) All course work is or will be completed by current students at the school; (2) there are no refunds due any students; (3) all student records will be maintained as prescribed in section 10a-22n; (4) final payment has been made to the private occupational school student protection account; (5) a designation of service form has been filed with the commissioner; and (6) the certificate of authorization has been returned to the commissioner.

      (b) Any private occupational school that fails to meet the requirements outlined in subsection (a) of this section shall be fined not more than five hundred dollars per day for each day of noncompliance and, pursuant to subdivision (6) of subsection (a) of section 10a-22c, shall be ineligible to be issued a certificate of authorization upon application to operate a private occupational school. Funds collected pursuant to this subsection shall be placed in the private occupational student protection account established pursuant to section 10a-22u.

      (c) If the commissioner revokes a private occupational school's certificate of authorization, such school shall comply with the requirements of subsection (a) of this section. Failure to comply shall result in further penalties at the discretion of the commissioner.

      (P.A. 06-150, S. 14.)

      Sec. 10a-22n. Maintenance of school records. (a) A private occupational school shall maintain, preserve and protect, in a manner approved by the Commissioner of Higher Education, or the commissioner's designee, all school records including, but not limited to: (1) Student or academic transcripts; (2) attendance records or other indicators of student progress; (3) copies of individual enrollment agreements or contracts; (4) evidence of tuition payments; and (5) any other documentation as prescribed by the commissioner.

      (b) The commissioner, or the commissioner's designee, may at any time during regular business or school hours, with or without notice, visit a private occupational school. During such visitation, the commissioner, or the commissioner's designee, may request an officer or director of the school to produce, and shall be provided with immediate access to, such records or information as are required to verify that the school continues to meet the conditions of authorization.

      (c) If a school ceases to operate as a private occupational school, it shall keep the commissioner advised in writing as to the location and availability of student records or shall file all such records with the commissioner.

      (P.A. 06-150, S. 15.)

      Sec. 10a-22o. Enforcement of orders issued by Board of Governors or commissioner. Investigations by commissioner. (a) The Board of Governors or the commissioner, through the Attorney General, may petition the superior court for the judicial district of Hartford for the enforcement of any order issued by the Board of Governors or the commissioner, and for other appropriate relief. The court may issue such orders as are appropriate to aid in enforcement.

      (b) The commissioner, or the commissioner's designee, may conduct any necessary review, inspection or investigation regarding applications for certificates of authorization or possible violations of sections 10a-22a to 10a-22o, inclusive, or of any applicable regulations of Connecticut state agencies. In connection with any investigation, the commissioner or the commissioner's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the commissioner may seek relief pursuant to subsection (a) of this section.

      (P.A. 06-150, S. 13, 16.)

      Sec. 10a-22p. Reserved for future use.

      Sec. 10a-22q. (Formerly Sec. 10-7r). Private occupational school student benefit account. After each annual determination of the balance of the private occupational school student protection account required by section 10a-22w, if the balance of the account is more than two million five hundred thousand dollars, the State Treasurer shall transfer to a separate, nonlapsing account within the General Fund, to be known as the private occupational school student benefit account, three-fourths of the annually accrued interest of said student protection account.

      (P.A. 85-607, S. 1; P.A. 86-312, S. 14, 21; P.A. 87-434, S. 4, 5; P.A. 90-198, S. 3, 5; May 9 Sp. Sess. P.A. 02-1, S. 127.)

      History: P.A. 86-312 changed student benefit "fund" from a special fund to a separate nonlapsing "account" within the general fund; P.A. 87-434 provided that the treasurer transfer funds out of protection fund if the balance in the fund is more than five per cent of the annual net tuition income rather than one million dollars or more and that no transfers shall cause the balance of the fund to fall below five per cent of the annual net tuition income rather than one million dollars; P.A. 90-198 provided that the treasurer transfer funds out of the protection fund if the balance in the fund is more than six per cent of the annual net tuition income rather than five per cent and that no transfers shall cause the balance of the fund to fall below six per cent of the annual net tuition income rather than five per cent; Sec. 10-7r transferred to Sec. 10a-22q in 1995 (Revisor's note: In 1995 the word "School" was added editorially by the Revisors after "Private Occupational" for consistency with Sec. 10a-22u which creates the fund and in 1997 references to "Private Occupational School Student Protection Fund" were replaced editorially by the Revisors with "private occupational school student protection account" to conform section with Sec. 10a-22u); May 9 Sp. Sess. P.A. 02-1 added a provision requiring transfer of a portion of the interest in the protection account if the balance in said account exceeds two million five hundred thousand dollars and deleted former provisions re maintenance of a balance in the protection account equal to six per cent of annual net tuition income, effective July 1, 2002.

      See Sec. 10a-22u re private occupational school student protection account.

      Sec. 10a-22r. (Formerly Sec. 10-7s). Administration of private occupational school student benefit account. Advisory committee established. There is established an advisory committee to the Commissioner of Higher Education consisting of seven members appointed by the commissioner, including a representative of the private occupational schools, a representative from the Department of Higher Education and five members chosen from business or industry, state legislators, private occupational school alumni and the general public. Three of the members first appointed to the committee shall be appointed for a term of three years and four of the members first appointed shall be appointed for a term of two years. Thereafter, all members shall be appointed for a term of two years. The Commissioner of Higher Education shall administer the private occupational school student benefit account with the advice of the advisory committee and may assess the account for all direct expenses incurred in the implementation of this section. The account shall be used to award financial aid grants for the benefit of private occupational school students. The grants shall be paid to the private occupational school designated by the grant recipient to be applied against the tuition expenses of such recipient. If the balance of the student protection account is five per cent or less of the annual net tuition income of the schools which make payments to the account pursuant to section 10a-22u, any unallocated funds in the student benefit account shall be transferred to the student protection account.

      (P.A. 85-607, S. 2; P.A. 86-48, S. 4, 5; 86-312, S. 15, 21; 86-333, S. 24, 32; P.A. 87-434, S. 3, 5; P.A. 93-294, S. 12, 17.)

      History: P.A. 86-48 deleted provision authorizing the use of the fund to procure an indemnity or insurance policy; P.A. 86-312 replaced references to student benefit "fund" with references to student benefit "account"; P.A. 86-333 specified length of terms of members of the committee; P.A. 87-434 allowed the commissioner to assess the fund for all direct expenses incurred in the implementation of the section; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made a technical change, effective July 1, 1993; Sec. 10-7s transferred to Sec. 10a-22r in 1995; (Revisor's note: In 1997 references to "fund" were replaced editorially by the Revisors with references to "account" to conform section with Secs. 10-22q and 10-22u, respectively).

      See Secs. 10a-22u, 10a-22v re charges against private occupational school student protection account.

      Sec. 10a-22s. (Formerly Sec. 10-7t). Duties of Commissioner of Higher Education re financial aid grants. The Commissioner of Higher Education, with the advice of the advisory committee, shall establish the criteria for awarding financial aid grants. Applications for grants shall be submitted on such forms and in such manner as the commissioner, with the advice of the advisory committee, shall prescribe. The commissioner shall establish policies, with the advice of the advisory committee, for the return of any portion of a financial aid grant, representing tuition of a student, which would otherwise be refundable.

      (P.A. 85-607, S. 3; P.A. 88-136, S. 1, 37; P.A. 93-294, S. 13, 17.)

      History: P.A. 88-136 deleted obsolete provisions re report on policies and practices of private occupational schools due February 15, 1986; P.A. 93-294 made a change necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7t transferred to Sec. 10a-22s in 1995.

      Sec. 10a-22t. (Formerly Sec. 10-7u). Payment of grants by Treasurer. The Treasurer shall pay financial aid grants, approved and ordered to be paid by the commissioner with the advice of the advisory committee, from the student benefit account.

      (P.A. 85-607, S. 4; P.A. 86-312, S. 16, 21.)

      History: P.A. 86-312 replaced reference to student benefit "fund" with reference to student benefit "account"; Sec. 10-7u transferred to Sec. 10a-22t in 1995.

      Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private occupational school student protection account. Treatment of overpayments and underpayments. (a) There shall be an account to be known as the private occupational school student protection account within the General Fund. Each private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, shall pay to the State Treasurer an amount equal to one-half of one per cent of the tuition received by such school per calendar quarter exclusive of any refunds paid, except that correspondence and home study schools authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, shall contribute to said account only for Connecticut residents enrolled in such schools. Payments shall be made by January thirtieth, April thirtieth, July thirtieth and October thirtieth in each year for tuition received during the three months next preceding the month of payment. Said account shall be used for the purposes of section 10a-22v. Any interest, income and dividends derived from the investment of the account shall be credited to the account. All direct expenses for the maintenance of the account may be charged to the account upon the order of the State Comptroller. The Commissioner of Higher Education may assess the account (1) for all direct expenses incurred in the implementation of the purposes of this section which are in excess of the normal expenditures of the Department of Higher Education for accounting, auditing and clerical services, and (2) for the fiscal years ending June 30, 2000, and June 30, 2001, in an amount not to exceed one hundred seventy thousand dollars in each of such fiscal years for personnel and administrative expenses for the purposes of sections 10a-22a to 10a-22o, inclusive, provided such amount does not exceed the annual interest accrual, which shall be transferred to the appropriation of the Department of Higher Education for personal services and other expenses for positions and responsibilities relating to said sections, provided the department has expended all federal funds that may be available for personnel and administrative expenses for the purposes of said sections. After disbursements are made pursuant to subdivisions (1) and (2) of this subsection, if the resources of the private occupational school student protection account exceed two million five hundred thousand dollars, no additional school assessments shall be made.

      (b) Payments required pursuant to subsection (a) of this section shall be a condition of doing business in the state and failure to make any such payment within thirty days following the date on which it is due shall result in the loss of authorization under section 10a-22f. Such authorization shall not be issued or renewed if there exists a failure to make any such payment in excess of thirty days following the date on which it is due.

      (c) If an audit conducted by the Department of Higher Education determines that a school has paid into the private occupational school student protection account an amount less than was required, the school shall pay said amount plus a penalty of ten per cent of the amount required to the State Treasurer within thirty days of receipt of notice from the commissioner or his designee of the amount of the underpayment and penalty.

      (d) If an audit conducted by the Department of Higher Education determines that a school has paid into the private occupational school student protection account an amount more than was required, subsequent payment or payments by the school shall be appropriately credited until such credited payment or payments equal the amount of the overpayment.

      (P.A. 77-440, S. 1; P.A. 78-158, S. 1, 4; P.A. 79-380, S. 13; P.A. 83-150, S. 1, 4; P.A. 84-176, S. 3, 5; P.A. 93-294, S. 14, 17; P.A. 94-95, S. 8; P.A. 95-226, S. 20, 30; P.A. 97-285, S. 1, 2; P.A. 99-192, S. 1, 2; May 9 Sp. Sess. P.A. 02-1, S. 128; P.A. 06-150, S. 17.)

      History: P.A. 78-158 required payment to treasurer of one-half of one per cent, rather than one per cent, of tuition received, rather than of tuition paid by newly enrolled students, excepted refunds and made special provision for payments relative to correspondence and home study schools, revised payment schedule slightly and allowed state board to assess fund for expenses incurred in implementation of section which exceed normal expenses for accounting, auditing and clerical services in Subsec. (a); P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted "authorized" and "authorization" for "licensed" and "licensure"; P.A. 83-150 changed name from "Proprietary School Default Assurance Fund" to "Private Occupational School Student Protection Fund", deleted obsolete reference to payments made in 1978 and authorized commissioner of education and department of education rather than state board of education to administer fund; P.A. 84-176 added Subsecs. (c) and (d) re treatment of overpayments and underpayments to the fund; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, amended Subsec. (a) to add Subdiv. (2) concerning the fiscal years ending June 30, 1994 and June 30, 1995, and made technical changes, effective July 1, 1993; Sec. 10-14i transferred to Sec. 10a-22u in 1995; P.A. 94-95 changed name of fund from "Private Occupational School Student Protection Fund" to "private occupational school student protection account"; P.A. 95-226 extended Subdiv. (2) to the fiscal years ending June 30, 1996, and June 30, 1997, increased the limit for personnel and administrative services from one hundred thousand to one hundred eighteen thousand dollars and made a technical change, effective July 1, 1995; (Revisor's note: In 1997 references in Subsecs. (c) and (d) to "Private Occupational School Student Protection Fund" were changed editorially by the Revisors to "private occupational school student protection account" to conform said Subsecs. with Subsec. (a) as amended by P.A. 94-95); P.A. 97-285 amended Subdiv. (2) of Subsec. (a) to substitute the fiscal years ending in 1998 and 1999 for the fiscal years ending in 1996 and 1997, to increase the amount from one hundred eighteen thousand to one hundred fifty thousand, to set the limit of the annual interest accrual and to specify that the amount transferred be used for positions and responsibilities relating to Secs. 10a-22a to 10a-22k, inclusive, effective July 1, 1997; P.A. 99-192 amended Subsec. (a)(2) to change the dates to the fiscal years ending June 30, 2000, and June 30, 2001, and to increase the amount from one hundred fifty to one hundred seventy thousand dollars, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to add a provision that no additional school assessments shall be made if the resources of the protection account exceed two million five hundred thousand dollars, effective July 1, 2002; P.A. 06-150 amended Subsec. (a) to change internal section references.

      Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition. Any student enrolled in a private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, who is unable to complete a course or unit of instruction at such school because of the insolvency or cessation of operation of the school and who has paid tuition for such course or unit of instruction, may make application to the Commissioner of Higher Education for a refund of tuition from the account established pursuant to section 10-22u to the extent that such account exists or has reached the level necessary to pay outstanding approved claims, except that in the case of correspondence and home study schools authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, only Connecticut residents enrolled in such schools may be eligible for such refund. Upon such application, the commissioner shall determine whether the applicant is unable to complete a course or unit of instruction because of the insolvency or cessation of operation of the school to which tuition has been paid. The commissioner may summon by subpoena any person, records or documents pertinent to the making of a determination regarding insolvency or cessation of operation. For the purpose of making any tuition refund pursuant to this section, a school shall be deemed to have ceased operation whenever it has failed to complete a course or unit of instruction for which the student has paid a tuition fee and, as a result, the school's authorization has been revoked pursuant to section 10a-22f. If the commissioner finds that the applicant is entitled to a refund of tuition because of the insolvency or cessation of operation of the school, the commissioner shall determine the amount of an appropriate refund which shall be equal to or a portion of the tuition paid for the uncompleted course or unit of instruction. Thereafter the Commissioner of Higher Education shall direct the State Treasurer to pay, per order of the Comptroller, the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf. If the student is a minor, payment shall be made to the student's parent, parents or legal guardian. Each recipient of a tuition refund made in accordance with the provisions of this section shall assign all rights to the state of any action against the school or its owner or owners for tuition amounts reimbursed pursuant to this section. Upon such assignment, the state may take appropriate action against the school or its owner or owners in order to reimburse the student protection account for any expenses or claims that are paid from the account and to reimburse the state for the reasonable and necessary expenses in undertaking such action.

      (P.A. 77-440, S. 2; P.A. 78-158, S. 2, 4; P.A. 79-380, S. 14; P.A. 82-406, S. 1; P.A. 83-150, S. 2, 4; P.A. 93-294, S. 15, 17; P.A. 06-150, S. 18.)

      History: P.A. 78-158 allowed refunds to extent fund "has reached the level necessary to pay outstanding approved claims", made special reference to procedure when correspondence and home study schools are involved, deleted reference to proportionate share of fund when money not sufficient to pay all claims in full, deleted provision for refund to be paid other school at applicant's request and allowed payment to "persons, agencies or organizations ..." who have paid tuition on the student's behalf or to parent(s) or guardian(s) if student is a minor; P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted "authorized" for "licensed"; P.A. 82-406 granted board of education subpoena power for purpose of making a determination regarding insolvency; P.A. 83-150 defined "ceased operation" for purposes of making a tuition refund, authorized commissioner rather than state board to make refund determinations, and made provision for assignment of rights to state in any action against school for tuition reimbursed; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-14j transferred to Sec. 10a-22v in 1995; (Revisor's note: In 1997 references to "Student Protection Fund" and "fund" were replaced editorially by the Revisors with references to "student protection account" and "account" to conform section with Sec. 10a-22u); P.A. 06-150 changed internal section references.

      Sec. 10a-22w. (Formerly Sec. 10-14k). Treasurer to determine balance of account. Payments to account dependent on balance. On or before June thirtieth of each year the State Treasurer shall determine the balance of the account established pursuant to section 10a-22u. Following such determination by the State Treasurer, if the balance of the account is more than two million five hundred thousand dollars, schools which began payments to the account on or before October 1, 1987, shall cease further payments to the account until it falls below five per cent of such annual net tuition income at which time payment shall be resumed pursuant to section 10a-22u. Schools which begin payments to the account after October 1, 1987, shall continue to make payments to the account when the balance of the account is six per cent or more of such annual net tuition income for a period of time equal to the number of calendar quarters from October 1, 1987, to the date on which the account first equaled said six per cent, provided such schools shall make payments to the account pursuant to said section 10a-22u when the account falls below five per cent of such annual net tuition income.

      (P.A. 77-440, S. 3; P.A. 78-158, S. 3, 4; P.A. 79-380, S. 15; P.A. 83-150, S. 3, 4; P.A. 84-176, S. 4, 5; P.A. 87-434, S. 1, 5; P.A. 90-198, S. 4, 5; May 9 Sp. Sess. P.A. 02-1, S. 129.)

      History: P.A. 78-158 replaced provisions concerning reductions of payments based on millions of dollars in fund with provisions for cessation of payments when fund is at or above one million dollars until such time as balance falls below million-dollar mark, for resumption of payments when necessary and for initial payments by newly-licensed schools; P.A. 79-380 changed dates relating to initial payment schedule; P.A. 83-150 deleted reference to repealed Sec. 10-8; P.A. 84-176 clarified language re payments into the fund to maintain the balance at one million dollars; P.A. 87-434 substituted October 1, 1987, for October 1, 1977, changed the balance in the fund at which payments cease for certain schools from one million dollars or more to "more than five per cent ..." and the balance below which payments are to resume from one million dollars to "four per cent ..." and made technical changes accordingly; P.A. 90-198 changed the balance in the fund at which payments cease for certain schools from five per cent of the annual net tuition income to six per cent and the balance below which payments are to resume from four per cent of the annual net tuition income to five per cent and made technical changes accordingly; Sec. 10-14k transferred to Sec. 10a-22w in 1995; (Revisor's note: In 1997 references to "fund" were replaced editorially by the Revisors with references to "account" to conform section with Sec. 10a-22u); May 9 Sp. Sess. P.A. 02-1 added provision that if the balance of the account is more than two million five hundred thousand dollars, further payments to the account shall cease until it falls below five per cent of such annual net tuition income and deleted former provision which provided for such cessation if the balance in the account was more than six per cent of the annual net tuition income of schools, effective July 1, 2002.

      See Sec. 10a-22q et seq. re private occupational school student benefit account and the transfer of annually accrued interest from the private occupational school student protection account to the benefit account.

      Sec. 10a-22x. (Formerly Sec. 10-14l). Regulations. The Board of Governors of Higher Education shall adopt such regulations as are necessary to carry out the purposes of this chapter.

      (P.A. 77-440, S. 4; P.A. 93-294, S. 16, 17.)

      History: P.A. 93-294 made a change necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-14l transferred to Sec. 10a-22x in 1995.

      Sec. 10a-23. Transfer of functions, powers and duties. The transfer of functions, powers, duties; obligations, including, but not limited to, contract obligations; the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business and the transfer of records and property between the Board of Higher Education as said board existed immediately prior to March 1, 1983, and the Board of Governors of Higher Education established pursuant to section 10a-2 shall be governed by the provisions of subsections (a) to (d), inclusive, and subsection (f) of section 4-38d.

      (P.A. 82-218, S. 36, 46; P.A. 84-241, S. 2, 5.)

      History: P.A. 82-218 effective March 1, 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-24. Use of term "board of governors". Whenever the term "Board of Higher Education" appears in sections 4-38c, 4b-30, 5-154, 5-160, 5-177, 5-242, 10-9, 10-19, 10-38e, 10-38h, 10-38i, 10-108c, 10-109c, 10-116, 10-116l, 10-116q, 10-116r, 10-116s, 10-119a, 10-145a, 10-145b, 10-155d, 10-155e, 10-183n, 10-183v, 10-235, 10-236a, 10-323g, 10-324e, 10-325c, 10-326h, 10-326j, 10-327a, 10-328d, 10-329g, 10-329i, 10-330, 10-331, 10-331a, 10-331b, 10-331d, 10-331e, 10-331f, 10-332, 10-334, 10-334b, 10-334c, 10-334e, 10-334f, 10-334h, 19-30b and 52-279 and any 1982 act, said term shall be deemed to mean the "Board of Governors of Higher Education".

      (P.A. 82-218, S. 37, 46; P.A. 83-105, S. 1; 83-587, S. 17, 96; P.A. 84-241, S. 2, 5; P.A. 93-353, S. 23, 52; P.A. 95-212, S. 6, 7.)

      History: P.A. 82-218 effective March 1, 1983; P.A. 83-105 deleted internal reference to repealed Secs. 10-155a to 10-155c, inclusive; P.A. 83-587 deleted reference to Sec. 10-328c; P.A. 84-241 deleted internal reference to Sec. 10-96a which was repealed by Sec. 4 of P.A. 84-241, and added "of higher education" to board of governors' title; P.A. 93-353 removed a cite to a repealed section, effective July 1, 1993; P.A. 95-212 deleted internal reference to Sec. 5-264, effective July 1, 1995.

      Sec. 10a-25. Use of term "Department of Higher Education". Section 10a-25 is repealed.

      (P.A. 82-218, S. 38, 46; P.A. 88-136, S. 36, 37.)

PART Ia
HIGH TECHNOLOGY PROJECTS AND PROGRAMS.
CENTERS OF EXCELLENCE

      Sec. 10a-25a. Declaration of policy. It is hereby found and determined that it is in the best interest of the state to encourage, promote, develop and assist the growth or establishment of high technology products and programs which are necessary to provide and maintain employment and tax revenues and that financial assistance to encourage, promote, develop and assist high technology products, techniques, processes and programs, including higher educational and vocational education programs is an important function of the state. It is a matter of legislative determination that state financial assistance in the high technology area is necessary to increase employment and public revenues and therefore the provisions of sections 10a-25b to 10a-25g, inclusive, are in the public interest and for the public benefit and good.
      (P.A. 83-492, S. 1, 11.)

      See Secs. 10a-170a to 10a-170d, inclusive, re high technology graduate scholarship program.

      See Sec. 32-41b re high technology projects and programs.

      Sec. 10a-25b. Issuance of bonds; use of bond proceeds. (a) The State Bond Commission may authorize the issuance of bonds of the state in one or more series in accordance with the provisions of sections 10a-25a to 10a-25g, inclusive, but not in excess of the aggregate amount of twenty-two million five hundred thousand dollars.

      (b) The proceeds of the sale of said bonds, to the extent hereinafter stated, shall be used to encourage, promote, develop and assist high technology products and programs within Connecticut by infusion of financial assistance in situations when such financial aid would not otherwise reasonably be available from other sources as hereinafter stated: (1) For the State Board of Education: High technology equipment for programs in the vocational-technical schools, not exceeding two million dollars; (2) for Connecticut Innovations, Incorporated: (A) Matching funds for cooperative high technology research and development projects and programs, not exceeding nine million dollars; (B) financial aid, as defined in subdivision (4) of section 32-34, to public institutions of higher education for high technology projects and programs, not exceeding eleven million five hundred thousand dollars.

      (P.A. 83-492, S. 2, 11; P.A. 86-396, S. 16, 25; P.A. 87-405, S. 13, 26; P.A. 88-343, S. 9, 32; P.A. 89-331, S. 12, 30; P.A. 90-297, S. 6, 24; June Sp. Sess. P.A. 91-4, S. 12, 25; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; June 5 Sp. Sess. P.A. 97-1, S. 10, 20.)

      History: P.A. 86-396 amended Subsec. (a) to increase bond authorization from five million five hundred thousand dollars to ten million five hundred thousand dollars and amended Subdiv. (2) of Subsec. (b) to increase Subpara. (A) from one million dollars to three million dollars and to increase Subpara. (B) from two million five hundred thousand dollars to five million five hundred thousand dollars; P.A. 87-405 amended Subsec. (a) to increase the bond authorization from five hundred ten million dollars to five hundred fourteen million dollars and amended Subdiv. (2) of Subsec. (b) to increase Subpara. (A) from three million dollars to five million dollars and to increase Subpara. (B) from five million five hundred thousand dollars to seven million five hundred thousand dollars; P.A. 88-343 amended Subsec. (a) to increase the bond authorization from fourteen million five hundred thousand dollars to eighteen million five hundred thousand dollars and amended Subdiv. (2) of Subsec. (b) to increase Subpara. (A) from five million dollars to seven million dollars and to increase Subpara. (B) from seven million five hundred thousand dollars to nine million five hundred thousand dollars; P.A. 89-331 increased the bond authorization from eighteen million five hundred thousand dollars to twenty million five hundred thousand dollars, increasing funds for high technology projects and programs by two million dollars; P.A. 90-297 amended Subsec. (a) to increase the bond authorization from twenty million five hundred thousand dollars to twenty-two million five hundred thousand dollars and amended Subdiv. (2) of Subsec. (b) to increase Subpara. (A) from eight million dollars to nine million dollars and to increase Subpara. (B) from ten million five hundred thousand dollars to eleven million five hundred thousand dollars; June Sp. Sess. P.A. 91-4 changed "the department of higher education" in Subdiv. (2) of Subsec. (b) to "the department of economic development"; 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; June 5 Sp. Sess. P.A. 97-1 amended Subdiv. (2) of Subsec. (b) to replace reference to Department of Economic and Community Development with Connecticut Innovations Inc. and to change Subpara. (b)(2)(B) from grants to financial aid as defined in Subdiv. (4) of Sec. 32-34, effective July 31, 1997.

      Sec. 10a-25c. Bond authorization. (a) All provisions of section 3-20 or the exercise of any right or power granted thereby which are not inconsistent with the provisions of sections 10a-25a to 10a-25g, inclusive, are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to said sections, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section and from time to time renewed. Such bonds shall mature at such time or times not exceeding ten years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds.

      (b) None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by the Secretary of the Office of Policy and Management or by or on behalf of such state officer, department or agency and stating such terms and conditions as said commission, in it discretion, may require.

      (P.A. 83-492, S. 3, 11; P.A. 84-546, S. 28, 173.)

      History: P.A. 84-546 made technical changes in Subsec. (a).

      Sec. 10a-25d. "State moneys" defined; use of federal, private or other moneys for projects. For the purposes of sections 10a-25a to 10a-25g, inclusive, "state moneys" means the proceeds of the sale of bonds authorized pursuant to said sections or of temporary notes issued in anticipation of the moneys to be derived from the sale of such bonds. Each request filed as provided in subsection (b) of section 10a-25c for an authorization of bonds shall identify the project for which the proceeds of the sale of such bonds are to be used and expended and, in addition to any terms and conditions required pursuant to said subsection (b) of section 10a-25c, shall include the recommendation of the person signing such request as to the extent to which federal, private or other moneys then available or thereafter to be made available for costs in connection with any such project should be added to the state moneys available or becoming available hereunder for such project. If the request includes a recommendation that some amount of such federal, private or other moneys should be added to such state moneys, then, if and to the extent directed by the State Bond Commission at the time of authorization of such bonds, the amount of such federal, private or other moneys then available or thereafter to be made available for costs in connection with such project may be added to any state moneys available or becoming available hereunder for such project and be used for such project. Any other federal, private or other moneys then available or thereafter to be made available for costs in connection with such project upon receipt shall, in conformity with applicable federal and state law, be used by the Treasurer to meet principal of outstanding bonds issued pursuant to sections 10a-25a to 10a-25g, inclusive, or to meet the principal of temporary notes issued in anticipation of the money to be derived from the sale of bonds theretofore authorized pursuant to said sections for the purpose of financing such costs, either by purchase or redemption and cancellation of such bonds or notes or by payment thereof at maturity. Whenever any of the federal, private or other moneys so received with respect to such project are used to meet principal of such temporary notes or whenever principal of any such temporary notes is retired by application of revenue receipts of the state, the amount of bonds theretofore authorized in anticipation of which such temporary notes were issued and the aggregate amount of bonds which may be authorized pursuant to section 10a-25b shall each be reduced by the amount of the principal so met or retired. Pending use of the federal, private or other moneys so received to meet principal as hereinabove directed, the amount thereof may be invested by the Treasurer in bonds or obligations of, or guaranteed by, the state or the United States or agencies or instrumentalities of the United States, and shall be deemed to be part of the debt retirement funds of the state, and net earnings on such investments shall be used in the same manner as the said moneys so invested.

      (P.A. 83-492, S. 4, 11; P.A. 84-546, S. 29, 173.)

      History: P.A. 84-546 made technical changes to section.

      Sec. 10a-25e. Use of bond proceeds. Any balance of proceeds of the sale of said bonds authorized for any project described in subsection (b) of section 10a-25b in excess of the cost of such project may be used to complete any other project described in said section if the State Bond Commission shall so determine and direct. Any balance of proceeds of the sale of said bonds in excess of the costs of all the projects described in subsection (b) of section 10a-25b shall be deemed appropriated and shall be used for the purposes of retiring such portion of the indebtedness on said bonds as may be retired by the amount of such balance.

      (P.A. 83-492, S. 5, 11.)

      Sec. 10a-25f. General obligation bonds. Said bonds issued pursuant to sections 10a-25a to 10a-25g, inclusive, shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.

      (P.A. 83-492, S. 6, 11.)

      Sec. 10a-25g. Grants to develop high technology projects and programs. Through Connecticut Innovations, Incorporated the state may provide financial aid, as defined in subdivision (4) of section 32-34, for the development of high technology projects and programs in accordance with the provisions of subdivision (2) of subsection (b) of section 10a-25b. Such funding shall be made in accordance with written procedures adopted by Connecticut Innovations, Incorporated in accordance with the provisions of section 1-121. Until June 30, 1996, Connecticut Innovations, Incorporated may use not more than three per cent of the total amount of any annual bond allocation for high technology projects and programs described in section 10a-25b or this section, for the administration and evaluation of such projects and programs.

      (P.A. 83-492, S. 7, 11; P.A. 84-241, S. 2, 5; P.A. 88-360, S. 46, 63; June Sp. Sess. P.A. 91-4, S. 13, 25; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; June 5 Sp. Sess. P.A. 97-1, S. 11, 20.)

      History: P.A. 84-241 added "of higher education" to board of governors' title; P.A. 88-360 provided that the department of higher education may use not more than three per cent of the total amount of any annual bond allocation for the projects and programs for administration and evaluation; June Sp. Sess. P.A. 91-4 changed "the department of higher education" to "the department of economic development" and deleted a reference to the "board of governors of higher education"; 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; June 5 Sp. Sess. P.A. 97-1 replaced reference to Department of Economic and Community Development with Connecticut Innovations, Inc., state financial assistance in the form of grants with financial aid as defined in Subdiv. (4) of Sec. 32-34, regulations with written procedures and made conforming and technical changes, effective July 31, 1997; (Revisor's note: In 2001 a reference to section "10a-25g" was replaced editorially by the Revisors with the words "this section" to conform section with customary statutory usage).

      See Secs. 32-41t, 32-41u re cooperative high technology research and development program involving corporations and institutions of higher learning.

      Sec. 10a-25h. Higher education centers of excellence. (a) In order to develop and further encourage excellence in public higher education, the boards of trustees of the constituent units of the state system of higher education, not including the Board for State Academic Awards, are hereby authorized to establish and administer centers to be known as Connecticut higher education centers of excellence. Appropriations to these centers shall be used for the development or enhancement of essential support for academic, research, or public service centers of excellence which have gained or may gain regional and national prominence or for libraries or equipment for present enhancement to existing programs deemed to have potential for excellence with such enhancement.

      (b) For the purposes of this section, a center of excellence is defined as a distinctive or potentially distinctive instructional, research or public service program at an institution of a constituent unit of the state system of higher education.

      (c) Priority of funding for centers of excellence shall be for those programs which receive matching support, in the form of in-kind or actual funds, from business, industry or federal government sources.

      (P.A. 84-368, S. 1, 5; P.A. 86-283, S. 1.)

      History: Editorial substitution of the word "of" for the word "for" in board of governors' title was made to conform with provisions of P.A. 84-241, S. 2; P.A. 86-283 substituted the boards of trustees of the constituent units for the board of governors of higher education and substituted centers of excellence for fund for excellence in Subsec. (a).

      Sec. 10a-25i. Appropriation. Solicitation of private funds; disbursement. (a) Annual appropriations not to exceed in total one per cent of the total General Fund appropriation for the preceding year for the constituent units of the state system of higher education shall be made to said constituent units to support centers of excellence recommended for funding pursuant to section 10a-25j. The amount of funds going to any one constituent unit annually shall not exceed one per cent of the General Fund appropriation for such unit in the preceding year.

      (b) The constituent units of the state system of higher education, not including the Board for State Academic Awards, are authorized to solicit, receive and maintain funds from private sources to be used for the centers of excellence.

      (P.A. 84-368, S. 2, 5; P.A. 86-283, S. 2.)

      History: Editorial addition of the phrase "of higher education" in references to board of governors was made to conform with provisions of P.A. 84-241, S. 2; P.A. 86-283 substituted "annual appropriations" for "an annual appropriation", inserted "in total", and provided that appropriations be made to the constituent units to support centers of excellence rather than to the department of higher education for the fund for excellence in Subsec. (a), and in Subsec. (b) substituted the constituent units for the board of governors and "centers of" for "fund for" excellence and deleted provisions re allocation of private funds.

      Sec. 10a-25j. Identification of centers of excellence; evaluation of program. The Board of Governors of Higher Education shall, in consultation with representatives of the board of trustees of the constituent units, including faculty, develop guidelines for identifying centers of excellence. Initial proposals for funding centers of excellence shall originate within the constituent units, from faculty, staff or administration. The proposals shall be reviewed and approved by the board of trustees of the constituent unit to ensure that they conform to institutional priorities. The Board of Governors of Higher Education shall select a committee, including faculty and staff representatives from constituent units, to review proposals and make recommendations to the board. The Board of Governors of Higher Education shall: (1) Consider and select proposals; (2) request as part of its consolidated budget, pursuant to section 10a-6, appropriations to support centers of excellence recommended for funding pursuant to this section; and (3) provide for the evaluation of the effectiveness of the centers of excellence in meeting the goals established in subsection (a) of section 10a-25h.

      (P.A. 84-368, S. 3, 5; P.A. 86-283, S. 3.)

      History: Editorial addition of the phrase "of higher education" in references to board of governors was made to conform with provisions of P.A. 84-241, S. 2; P.A. 86-283 substituted the requirement that the board of governors of higher education contract with the constituent units with the requirement that it request appropriations to support centers of excellence and substituted "centers of" for "fund for" excellence.

      Secs. 10a-25k to 10a-25m. Reserved for future use.

      Sec. 10a-25n. High technology doctoral fellowship program. (a) There is established within the Department of Higher Education a high technology doctoral fellowship program to attract students to state doctoral programs in high technology and encourage them to teach subsequently in a college or university in the state.

      (b) The program shall provide, within the limits of available appropriations, fellowships equally matched with fellowships supported by corporate and other nonstate funds. The Department of Higher Education, upon certification by an eligible university of the receipt of a matching fellowship, shall establish a fellowship at such university which may be renewed annually. For each new state fellowship at an independent university the Department of Higher Education shall establish two new state fellowships at a public university. The university shall select the fellowship recipients according to the provisions of sections 10a-25o and 10a-25p. Fellowships shall consist of an annual award of ten thousand dollars, plus an additional amount of up to three thousand dollars annually for public university recipients and up to twelve thousand two hundred fifty dollars annually for independent university recipients for tuition and fees. One-half of the fellowship award shall be a grant; the remaining half shall be a loan. Fellowship recipients who, upon completion of their doctoral program, teach in their field shall have the loan forgiven in equal amounts over the period of three years if they teach at a college or university in the state for three years and in equal amounts over the period of five years if they teach at an accredited out-of-state college or university for five years.

      (P.A. 87-408, S. 1, 5; P.A. 88-360, S. 57, 63.)

      History: P.A. 88-360 in Subsec. (b) provided for the forgiveness of loans for persons who teach out-of-state and made technical changes.

      Sec. 10a-25o. Eligibility for fellowships. (a) Fellowships shall be awarded only to students who are enrolled or will be enrolled in a Connecticut university offering doctoral programs approved and designated by the Board of Governors of Higher Education as programs in high technology fields which meet state-wide economic needs. A fellowship shall be awarded for one academic year, but may be renewed, subject to the continued eligibility of the student and the availability of appropriated funds. One-half of the fellowship award shall be disbursed each semester if the student continues in good academic standing in the designated program. In no case shall a student be eligible for a fellowship for more than four years of study.

      (b) To be eligible for a fellowship pursuant to this section, an applicant, at the time of application, shall be a resident of Connecticut as defined in section 10a-28. A participating university shall consider affirmative action and equal opportunity goals when selecting fellowship recipients.

      (P.A. 87-408, S. 2, 5.)

      Sec. 10a-25p. Regulations. To carry out the provisions of sections 10a-25n and 10a-25o, the Board of Governors of Higher Education shall, in accordance with the provisions of chapter 54, adopt regulations which shall include, but not be limited to, criteria for the selection of fellowship recipients and for the continuation of such recipients in the program.

      (P.A. 87-408, S. 3, 5.)

PART II
TUITION CHARGES

      Sec. 10a-26. (Formerly Sec. 10-329b). Status of students for purposes of tuition charges. (a) For the purposes of this section, sections 10a-77, 10a-99 and 10a-105, and this part: (1) A "full-time student" means a student who has been registered and who has been accepted for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree or whose course of instruction or credit hour load indicates pursuit toward a degree; (2) "tuition" means a direct charge for institutional programs, which is clearly delineated from any other fees.
      (b) In order to defray part of the cost of the higher education institutional programs at the constituent units of the state system of higher education, tuition shall be charged as provided in said sections 10a-77, 10a-99 and 10a-105 for each full-time student or shall be prorated in the case of a student carrying less than seventy-five per cent of the credit hours defined as a full-time load by the institution. Any person enrolled in and paying extension fees for a course in an educational extension program or a summer session shall not be charged tuition for such course.

      (c) Fees charged for educational extension programs and for summer school sessions under sections 10a-77, 10a-99 and 10a-105 shall not be deemed to be tuition within the meaning of this section.

      (1969, P.A. 812, S. 7-11; June, 1971, P.A. 5, S. 126; P.A. 73-474, S. 8, 9; P.A. 74-120; P.A. 81-468, S. 1, 11; P.A. 82-373, S. 2, 4; P.A. 84-365, S. 1, 12; P.A. 91-256, S. 12, 69; P.A. 92-126, S. 36, 48.)

      History: 1971 act amended Subsec. (a) to extend applicability to Secs. 10-38h, 10-108c, 10-116 and 10-119a, to redefine "out-of-state student" in terms of legal address at time of application rather than at time of acceptance or registration and to clarify effect of established status of student, amended Subsec. (b) to substitute "tuition ... as provided in sections 10-38h, 10-108c, 10-116 and 10-119a" for specific sum of one hundred fifty dollars per semester, to delete references to "out-of-state" students and to replace "exempt from the payment of tuition under this section" with "charged the same tuition as is payable by a resident of this state", amended Subsec. (c) to change beginning date for tuition charge from fall semester of 1970-71 college year to semester beginning in January, 1972, and to delete reference to tuition being in addition to fees or differential rates charged during 1969-70 college year and deleted Subsec. (e) re refunds of tuition; P.A. 73-474 amended Subsec. (a) to delete definitions of "constituent unit of the state system of higher education" and "out-of-state student" and to delete provision re status enacted in 1971; P.A. 74-120 amended Subsec. (b) to exempt persons paying extension fees from tuition charge; P.A. 81-468 established tuition funds for The University of Connecticut and The University of Connecticut Health Center, which funds are exempt from requirement that funds received for tuition be deposited to resources of general fund, effective July 1, 1981, and replaced reference to "instructional programs" with reference to "institutional programs"; P.A. 82-373 deleted provision in Subsec. (b) setting tuition for residents of other New England states at rate paid by Connecticut residents under New England Board of Higher Education Compact; Sec. 10-329b transferred to Sec. 10a-26 in 1983; P.A. 84-365 amended Subsecs. (a) and (b) deleting provision re deposit of amounts charged for tuition in general fund; P.A. 91-256 deleted obsolete Subsec. (c) relettered Subsec. (d) as Subsec. (c) and made technical changes; P.A. 92-126 removed references to repealed Sec. 10a-83.

      Sec. 10a-27. (Formerly Sec. 10-329c). Statement of policy. It is the intent of the legislature that the constituent units in the state system of higher education shall apply uniform rules, as provided in this part, in determining whether students shall be classified as in-state or out-of-state students for tuition purposes.

      (P.A. 73-474, S. 1, 9.)

      History: Sec. 10-329c transferred to Sec. 10a-27 in 1983 pursuant to reorganization of higher education system.

      Sec. 10a-28. (Formerly Sec. 10-329d). Definitions. For the purposes of this part:

      (1) "Institution" means a constituent unit in the state system of higher education;

      (2) "Residence" or "reside" denotes continuous and permanent physical presence within this state, provided temporary absence for short periods of time shall not affect the establishment of a residence;

      (3) "Domicile" denotes a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain, and to which he expects to return when he leaves without intending to establish a new domicile elsewhere;

      (4) "Emancipated person" means a person who has attained the age of eighteen years, and whose parents have entirely surrendered the right to the care, custody and earnings of such person and who no longer are under any legal obligation to support or maintain such person. If any of the aforesaid tests are not met, such person shall be deemed an "unemancipated person";

      (5) "Parent" means a person's father; or if he has no father, his mother; or if one parent has custody of an unemancipated person, the parent having custody; or if there is a guardian or legal custodian of an unemancipated person, then such guardian or legal custodian, provided there are no circumstances indicating that such guardianship or custodianship was created primarily for the purpose of conferring the status of an in-state student on such unemancipated person;

      (6) Attendance at a school or schools in this state shall be deemed "continuous" if the person claiming continuous attendance has been enrolled at a school or schools in this state as a full-time student, as such term is defined in section 10a-26.

      (P.A. 73-474, S. 2, 9.)

      History: Sec. 10-329d transferred to Sec. 10a-28 in 1983 pursuant to reorganization of higher education system.

      Sec. 10a-29. (Formerly Sec. 10-329e). Determination of student status. The following shall determine the status of a student:

      (1) Every person having his domicile in this state shall be entitled to classification as an in-state student for tuition purposes. Except as otherwise provided in this part, no person having his domicile outside of this state shall be eligible for classification as an in-state student for tuition purposes;

      (2) The domicile of an unemancipated person is that of his parent;

      (3) Upon moving to this state, an emancipated person employed full-time who provides evidence of domicile may apply for in-state classification for such person's spouse and unemancipated children after six consecutive months of residency and, provided such person is not himself or herself in this state primarily as a full-time student, such person's spouse and unemancipated children may at once be so classified, and may continue to be so classified as long as such person continues such person's domicile in this state;

      (4) Any unemancipated person who remains in this state when such person's parent, having theretofore been domiciled in this state, removes from this state, shall be entitled to classification as an in-state student until attainment of the degree for which such person is currently enrolled, as long as such person's attendance at a school or schools in this state shall be continuous;

      (5) The spouse of any person who is classified or is eligible for classification as an in-state student shall likewise be entitled to classification as an in-state student;

      (6) A member of the armed forces who is stationed in this state pursuant to military orders shall be entitled to classification as an in-state student;

      (7) An unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The student, while in continuous attendance toward the degree for which he is currently enrolled, shall not lose his residence when his parent is thereafter transferred on military orders; and

      (8) A student that is from another state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico shall be classified as an in-state student, if such student (A) attended for three years and graduated from a high school in this state, and (B) was sponsored, housed and supported during attendance at such school by a program, such as the "A Better Chance" program, established as a nonprofit organization that raises charitable funds on the local level for the purpose of giving students who are minority students, from single parent homes or live in poverty, an opportunity to attend school in a different environment. For purposes of this subdivision, "minority student" means a student whose racial ancestry is defined as other than white by the Bureau of Census of the United States Department of Commerce.

      (P.A. 73-474, S. 3, 9; P.A. 05-110, S. 1; P.A. 06-135, S. 6; 06-196, S. 68.)

      History: Sec. 10-329e transferred to Sec. 10a-29 in 1983 pursuant to reorganization of higher education system; P.A. 05-110 added new Subdiv. (6) re member of armed forces stationed in this state and redesignated existing Subdiv. (6) as Subdiv. (7), effective July 1, 2005; P.A. 06-135 added Subdiv. (8) re "A Better Chance" program students, effective July 1, 2006; P.A. 06-196 made technical changes in Subdivs. (3) and (4), effective June 7, 2006.

      Sec. 10a-30. (Formerly Sec. 10-329f). Presumptions. Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that:

      (1) The establishment of a new domicile in this state by an emancipated person has not occurred until he has resided in this state for a period of not less than one year;

      (2) No emancipated person shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the governing board of such institution, in the absence of a clear demonstration that he has established domicile in the state;

      (3) Once established, a domicile is not lost by mere absence unaccompanied by intention to establish a new domicile;

      (4) The domicile of any emancipated person receiving regular financial assistance from his parent, or whose parent's income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans or otherwise, is that of his parent. Notwithstanding the definition of "parent" contained in subsection (5) of section 10a-28, if such person's parents have separate domiciles, his domicile shall be that of the parent furnishing him the greater financial assistance, or of the parent having the larger income if neither furnishes such assistance; and

      (5) A person does not gain or lose in-state status by reason of his presence in any state or country while a member of the armed forces of the United States; provided a member of the armed forces may obtain in-state status for himself and his dependents by establishing his domicile in this state.

      (P.A. 73-474, S. 4, 9; P.A. 88-136, S. 19, 37; P.A. 91-174, S. 5, 16.)

      History: Sec. 10-329f transferred to Sec. 10a-30 in 1983 pursuant to reorganization of higher education system; P.A. 88-136 deleted the presumption re the domicile of a married woman and renumbered Subdivs. (5) and (6) as (4) and (5); P.A. 91-174 in Subdiv. (1) substituted one year for six months' residency.

      Sec. 10a-31. (Formerly Sec. 10-329g). Guidelines. The Board of Governors of Higher Education shall adopt guidelines by July 1, 1973, applicable to all the constituent units in the state system of higher education that will insure uniform criteria to aid the institutions in determining the tuition status of any student.

      (P.A. 73-474, S. 5, 9; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)

      History: P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 reorganized system of higher education, replacing board of higher education with board of governors, effective March 1, 1983; Sec. 10-329g transferred to Sec. 10a-31 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-32. (Formerly Sec. 10-329h). Authority of institutions. Unless otherwise restricted or prohibited by law, an institution or its governing board may establish quotas, standards for admission, standards for readmission, or other terms and requirements governing persons who are not in-state students for purposes of higher education and nothing contained in this part shall be construed as prohibiting or limiting that right.

      (P.A. 73-474, S. 6, 9.)

      History: Sec. 10-329h transferred to Sec. 10a-32 in 1983 pursuant to reorganization of higher education system.

      Sec. 10a-33. (Formerly Sec. 10-329i). Agreements with foreign states. The Board of Governors of Higher Education may enter into agreements with appropriate agencies and institutions of higher education in other states and foreign countries providing for the reciprocal exchange of students in higher educational institutions in this state and such other states or countries. Such agreements may include provisions for waiver or reduction of nonresident tuition for designated categories of students and may include contractual payments to such other state or country, subject to the availability of appropriations. Such agreements shall have as their purpose the mutual improvement of educational advantages for residents of this state and such other states or countries with whom agreements may be made.

      (P.A. 73-474, S. 7, 9; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-587, S. 18, 96; P.A. 84-241, S. 2, 5.)

      History: P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-329i transferred to Sec. 10a-33 in 1983; P.A. 83-587 substituted board of governors for board of higher education; P.A. 84-241 added "of higher education" to board of governors' title.

PART III
ACADEMIC DEGREES

      Sec. 10a-34. (Formerly Sec. 10-330). Authority to confer academic degrees. (a) For the purposes of this section, "program of higher learning" means any course of instruction for which it is stated or implied that college or university-level credit may be given or may be received by transfer; "degree" means any letters or words, diploma, certificate or other symbol or document which signifies satisfactory completion of the requirements of a program of higher learning; "institution of higher learning" means any person, school, board, association, limited liability company or corporation which is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees; "license" means the authorization by the Board of Governors of Higher Education to operate a program or institution of higher learning for a specified initial period; "accreditation" means the authorization by said board to continue operating a program or institution of higher learning for subsequent periods, and in such periods to confer specified degrees.
      (b) The Board of Governors of Higher Education shall establish regulations concerning the requirements for licensure and accreditation, such regulations to concern administration, finance, faculty, curricula, library, student admission and graduation, plant and equipment, records, catalogs, program announcements and any other criteria pertinent thereto, as well as the periods for which licensure and accreditation may be granted, and the costs and procedures of evaluations as provided in subsections (c) and (d) below. Said board may establish an advisory council for accreditation composed of representatives of public and private institutions of higher learning and the public at large to advise the board regarding existing or proposed regulations.

      (c) No person, school, board, association or corporation shall confer any degree unless authorized by act of the General Assembly. No application for authority to confer any such degree shall be approved by the General Assembly or any committee thereof, nor shall any such authority be included in any charter of incorporation until such application has been evaluated and approved by the Board of Governors of Higher Education in accordance with regulations established by said board.

      (d) No person, school, board, association or corporation shall operate a program or institution of higher learning unless it has been licensed or accredited by the Board of Governors of Higher Education, nor shall it confer any degree unless it has been accredited in accordance with this section. The board shall not grant any new license or accreditation until it has received a report of an evaluation of such program or institution by competent educators approved by the board. The Board of Governors of Higher Education shall accept regional or, where appropriate, national accreditation, in satisfaction of the requirements of this subsection unless the board finds cause not to rely upon such accreditation.

      (e) No person, school, board, association or corporation shall use in any way the term "junior college" or "college" or "university" or use any other name, title, literature, catalogs, pamphlets or descriptive matter tending to designate that it is an institution of higher learning, or that it may grant academic or professional degrees, unless the institution possesses a license from, or has been accredited by, the board, nor shall offer any program of higher learning without approval of the Board of Governors of Higher Education.

      (f) Accreditation of any program or institution or authority to award degrees granted in accordance with law prior to July 1, 1965, shall continue in effect.

      (g) Any person, school, board, association or corporation violating any provision of this section shall be fined not more than one thousand dollars.

      (h) If an existing institution, adversely affected by this section, applies to the board for licensure or accreditation, said board may grant licensure on a temporary basis to expire within one year and renewable from year to year, if, in the judgment of the board, reasonable progress is being made by such institution toward meeting the standards required by regulations of the board.

      (February, 1965, P.A. 330, S. 13; 1967, P.A. 751, S. 12; 1969, P.A. 344; P.A. 73-408; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 92-126, S. 10, 48; P.A. 95-79, S. 20, 189.)

      History: 1967 act amended Subsec. (d) to allow commission to accept regional or national accreditation; Sec. 10-6 transferred to Sec. 10-330 in 1969; 1969 act prohibited operation of program or institution of higher learning "unless it is operated on a nonprofit basis ..." in Subsec. (d); P.A. 73-408 deleted requirement that programs and institutions be operated on nonprofit basis; P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-330 transferred to Sec. 10a-34 in 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 92-126 amended Subsec. (d) to require the board to accept national accreditation, where appropriate, unless the board finds cause not to rely upon such accreditation; P.A. 95-79 redefined "institution of higher learning" to include a limited liability company, effective May 31, 1995.

      Annotation to former section 10-330:

      Former statute: "Grandfather" clause held unconstitutional. 151 C. 631.

      Sec. 10a-35. (Formerly Sec. 10-331). Grant of authority prior to July 1, 1935. Degree void, when. No person, school, board, association or corporation which, prior to July 1, 1935, was granted authority to confer any standard academic, professional or graduate degree and which did not, prior to July 1, 1935, exercise such authority shall confer any such degree until it is determined by the Board of Governors of Higher Education that its organization and equipment are such that it is fully competent to meet the degree standards set and maintained by similar institutions. Any degree granted in violation of the provisions of this section shall be null and void. Any person, school, board, association or corporation which violates any provision of this section shall be fined not more than one thousand dollars.

      (1949 Rev. S. 1342; 1951, S. 881d; February, 1965, P.A. 330, S. 14; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)

      History: Sec. 10-7 transferred to Sec. 10-331 in 1969; P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-331 transferred to Sec. 10a-35 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

PART IV
INDEPENDENT COLLEGES

      Sec. 10a-36. (Formerly Sec. 10-331a). Declaration of policy re securing postsecondary education opportunities. Duties of Board of Governors of Higher Education re independent colleges. In order to secure opportunities in postsecondary education for the greatest number of qualified Connecticut residents and in order to realize the benefits from an educated citizenry which accrue both to the students and to the state, the state, acting through the Board of Governors of Higher Education, (1) shall promote and coordinate the continuing development of the independent colleges and universities with that of the public colleges and universities; and (2) shall, without infringing upon the autonomy of the independent institutions, annually make financial aid available to Connecticut residents enrolled at independent colleges and universities in accordance with the provisions of sections 10a-37 to 10a-42a, inclusive.
      (1969, P.A. 627, S. 2; 1972, S.A. 53, S. 16; P.A. 73-551, S. 1, 4; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-197, S. 1, 9; P.A. 84-241, S. 2, 5.)

      History: 1972 act allowed reimbursement of independent colleges which "provide and make available to Connecticut students" places in enrollment rather than to those which "increase" the number of places allotted and provided basis of determining number of places to be so provided in independent schools; P.A. 73-551 specified that places are to be for undergraduates and distinguished between full-time and part-time places and authorized development of criteria for determining equivalency; P.A. 77-573 substituted board of higher education for commission for higher education; 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. 10-331a transferred to Sec. 10a-36 in 1983; P.A. 83-197 deleted specific provisions concerning awarding of financial aid and substituted general statement of intent for awarding financial aid to independent colleges and universities; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-37. (Formerly Sec. 10-331b). Definitions. For the purposes of sections 10a-36 to 10a-42a, inclusive:

      (a) An "undergraduate Connecticut student" is defined as a student who is a Connecticut resident as defined under sections 10a-28, 10a-29 and 10a-30 and who has not earned a baccalaureate degree;

      (b) A "full-time undergraduate student" is defined as a student who has been registered at a college in a course of study leading to an associate or bachelor degree and who is carrying twelve or more semester credit hours at that college;

      (c) A "part-time undergraduate student" is an individual who has been registered at a college for fewer than twelve semester credit hours in a course or courses, the academic credit for which can be applied toward a degree at that college;

      (d) An "independent college or university": (1) Is a nonprofit institution established in this state; (2) has degree-granting authority in this state; (3) has its home campus located in this state; (4) is not included in the Connecticut system of public higher education; and (5) is an institution whose primary function is not the preparation of students for religious vocation;

      (e) "Board" means the Board of Governors of Higher Education;

      (f) "Full-time equivalent students" at independent colleges and universities means a number derived by aggregating the number of semester credit equivalent hours taken by undergraduate students in the fall semester and dividing by fifteen;

      (g) "Family contribution" is an expected contribution for educational costs from the family computed on the basis of a needs analysis formula approved by the Department of Higher Education;

      (h) "Education costs" shall include the direct and indirect costs for an individual student that are published by each college or university participating in the grant program and approved by the Department of Higher Education; and

      (i) "Financial need" is the difference between educational costs and the sum of the family contributions and all other forms of financial aid.

      (1969, P.A. 627, S. 1; 1972, S.A. 53, S. 17; P.A. 73-551, S. 2, 4; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-197, S. 2, 9; P.A. 84-241, S. 2, 5; P.A. 85-477, S. 1, 4.)

      History: 1972 act extended applicability by substituting "10-331h" for "10-331e", redefined "full-time undergraduate student" as one enrolled for twelve or more semester credit hours rather than one "carrying seventy-five per cent or more of the credit hours defined as a full-time student load" and defined "commission"; P.A. 73-551 replaced former definitions of "Connecticut student" and "full-time undergraduate student" with definitions of "undergraduate Connecticut student", "full-time undergraduate Connecticut student" and "part-time undergraduate Connecticut student"; P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-331b transferred to Sec. 10a-37 in 1983; P.A. 83-197 replaced numeric Subdiv. indicators with alphabetic indicators, redefined "undergraduate Connecticut student" to key into general definitions of residency and student status (see Secs. 10a-28, 10a-29 and 10a-30), redefined "part-time undergraduate student" as an individual who has been registered for less than twelve semester credit hours, redefined "independent colleges or university" to require that such college or institution be a nonprofit institution, have degree-granting authority in this state and have its home campus in this state, and defined "full-time equivalent students", "family contribution", "education costs" and "financial need"; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 85-477 redefined "full-time undergraduate student" to delete reference to acceptance for matriculation and redefined "full-time equivalent students" to specify that hours applicable to calculation are "equivalent" hours.

      Sec. 10a-38. (Formerly Sec. 10-331d). Administration of program. In administering sections 10a-36 to 10a-42a, inclusive, the Board of Governors of Higher Education shall develop and utilize fiscal procedures designed to insure accountability of the public funds expended pursuant to said sections. Such procedures shall include provisions for compliance audits which may be conducted by the Department of Higher Education of any independent college or university which participates in the program established pursuant to sections 10a-36 to 10a-42a, inclusive. Commencing with the fiscal year ending June 30, 1989, and biennially thereafter, each such independent institution shall submit the results of an audit done by an independent certified public accountant for each year of participation in the program. Independent colleges and universities determined by the board of governors not to be in substantial compliance with the provisions of sections 10a-40, 10a-41 and 10a-42g shall be ineligible to receive funds under the program for the fiscal year next following the fiscal year in which the independent college or university was determined not to be in substantial compliance pursuant to this section and for each fiscal year thereafter until the board of governors determines that the college or university is in substantial compliance with the provisions of this section.

      (1969, P.A. 627, S. 5; 1972, S.A. 53, S. 20; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; 82-314, S. 58, 63; P.A. 83-197, S. 3, 9; P.A. 84-241, S. 2, 5; P.A. 87-450, S. 3, 17; P.A. 92-126, S. 11, 48; P.A. 94-180, S. 1, 17.)

      History: 1972 act replaced "10-331e" with "10-331h", set February fifteenth as report deadline and required report to education committee rather than to entire general assembly; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 82-314 changed official name of education committee; Sec. 10-331d transferred to Sec. 10a-38 in 1983; P.A. 83-197 reduced from two and one-half to one the per cent of the amount appropriated for the program which may be used to administer the program, deleted reporting requirement and substituted provision which requires board to develop fiscal procedures designed to insure accountability of amounts appropriated; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 87-450 added provisions re board of governors' use of appropriated funds to audit program records, audits by the department of higher education and by independent certified public accountants and re ineligibility for funds when college or university not in substantial compliance with certain statutory requirements; P.A. 92-126 removed authority for the board of governors to utilize up to one per cent of the amount appropriated to administer Secs. 10a-36 to 10a-42a, inclusive; P.A. 94-180 made technical changes, effective July 1, 1994.

      Sec. 10a-39. (Formerly Sec. 10-331e). Calculation of annual appropriation. In administering sections 10a-36 to 10a-42a, inclusive, the Board of Governors of Higher Education shall annually request an appropriation for this program to be derived by: (1) Calculating the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and in the Connecticut State University system, by taking the actual General Fund expenditures at The University of Connecticut and for the Connecticut State University system for the fiscal year two years prior to the grant year, as reported for higher education in the annual report on the state budget prepared by the Office of Fiscal Analysis, and dividing by the number of full-time equivalent students enrolled at The University of Connecticut and in the Connecticut State University system during said year as determined by the Board of Governors of Higher Education; (2) calculating the number of full-time equivalent undergraduate Connecticut students enrolled at Connecticut independent colleges and universities during the fall semester of said fiscal year; and (3) multiplying the number of full-time equivalent undergraduate Connecticut students at Connecticut independent colleges by (A) twelve and three-tenths per cent of the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and in the Connecticut State University system, as calculated in subdivision (1) of this section for appropriations made for the fiscal year ending June 30, 1988, (B) seventeen per cent of the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and for the Connecticut State University system, as calculated in subdivision (1) of this section for appropriations made for the fiscal year ending June 30, 1989, and (C) twenty-five per cent of the actual General Fund expenditures per full-time equivalent student at The University of Connecticut and in the Connecticut State University system, as calculated in subdivision (1) of this section for appropriations made for the fiscal year ending June 30, 2004, and for each fiscal year thereafter.

      (1969, P.A. 627, S. 6; 1972, S.A. 53, S. 21; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-197, S. 4, 9; P.A. 84-241, S. 2, 5; 84-365, S. 8, 12; P.A. 85-477, S. 2, 4; P.A. 87-450, S. 4, 17; P.A. 91-256, S. 49, 69; P.A. 01-89, S. 1, 2.)

      History: 1972 act replaced "10-331e" with "10-331h" and required estimation rather than establishment of number of undergraduates for whom places to be sought in independent colleges; P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-331e transferred to Sec. 10a-39 in 1983; P.A. 83-197 deleted provisions of former section concerning duties of board re general administration of program and substituted provisions detailing method of calculating annual appropriation to be requested by the board for the program; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 84-365 deleted reference in calculation to subtraction of the Connecticut State University general fund tuition revenue for the fiscal year two years prior to the grant year, effective July 1, 1985; P.A. 85-477 applied provisions to appropriations made for FY 1985-86 and thereafter and changed formula by requiring multiplication of number of full-time equivalent undergraduate students at independent college by eight and one-half rather than seven and one-half, per cent of general fund expenditures per full-time equivalent student at University of Connecticut or Connecticut State University; P.A. 87-450 changed formula by requiring multiplication of number of full-time equivalent undergraduate students at independent colleges by twelve and three-tenths rather than eight and one-half per cent of general fund expenditures per full-time equivalent student at The University of Connecticut and the Connecticut State University as calculated for appropriations made for the fiscal year ending June 30, 1988, rather than June 30, 1986, and by seventeen per cent of such expenditures as calculated for appropriations made for the fiscal year ending June 30, 1989, and for each fiscal year thereafter; P.A. 91-256 made technical changes; P.A. 01-89 divided Subdiv. (2) into Subparas. (A) and (B) and added Subpara. (C) re calculations for appropriations made for the fiscal year ending June 30, 2004, and each fiscal year thereafter, effective July 1, 2001.

      Sec. 10a-40. (Formerly Sec. 10-331f). Grants. Reports required from participating colleges or universities; content. The amount of the annual appropriation to be allocated to each independent college or university shall be determined by its actual full-time equivalent enrollment of Connecticut undergraduate students during the fall semester of the fiscal year two years prior to the grant year. The number of eligible undergraduate Connecticut students under sections 10a-36 to 10a-42a, inclusive, shall be determined by the board but the awards based upon such computation shall not exceed the total available appropriation. Each participating college shall expend all of the moneys received under this program as direct financial assistance for grants for educational expenses and student employment to Connecticut undergraduate students. Direct financial assistance does not include loans to Connecticut students which must be repaid to the college at some future date. For each fiscal year a minimum of ten per cent of the total institutional state student financial aid which exceeds the amount appropriated to each independent institution for the fiscal year ending June 30, 1987, shall be used for student financial aid for needy minority students in accordance with the board of governors' plan for racial and ethnic diversity under section 10a-11. For each fiscal year a minimum of five per cent of the total amount of state student financial aid appropriated to each institution which exceeds the amount received by each institution for the fiscal year ending June 30, 1988, shall be used for on-campus or off-campus community service work-study placements. Participating independent colleges and universities shall provide the Department of Higher Education with data and reports necessary to administer the program and shall maintain, for a period of not less than three years, records substantiating the reported number of full-time equivalent Connecticut students and documentation utilized by the college or university in determining eligibility of the Connecticut independent college student grant recipients. Such records shall be subject to audit. Funds not obligated by a college or university shall be returned by January fifteenth of the fiscal year of the grant to the Department of Higher Education for reallocation to other institutions participating in this program. Any funds so returned by a college or university shall be redistributed to all other independent colleges and universities participating in the program in accordance with the formula set forth in this section using the most recent enrollment data available to the Board of Governors of Higher Education.

      (1972, S.A. 53, S. 18; P.A. 73-551, S. 3, 4; P.A. 77-573, S. 24, 30; P.A. 80-326; P.A. 82-218, S. 37, 46; P.A. 83-197, S. 5, 9; P.A. 87-450, S. 5, 17; P.A. 88-252, S. 4, 6; P.A. 90-147, S. 1, 20; P.A. 94-180, S. 2, 17.)

      History: P.A. 73-551 replaced requirement that participating students not exceed ten per cent of "full-time undergraduate Connecticut students in independent colleges and the total available appropriation" with provision that awards not exceed total available appropriation; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 80-326 increased amount to be spent as direct financial assistance from eighty to one hundred per cent of amount received under Secs. 10-331a to 10-331h; 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. 10-331f transferred to Sec. 10a-40 in 1983; P.A. 83-197 deleted provisions relating to the amount of grant per student to be distributed, added provision concerning the amount of annual appropriation each college or university will receive, added provisions concerning reporting requirements and the return of funds not obligated by participating college or university to the department of higher education for reallocation to other institutions; P.A. 87-450 provided that all the moneys received be expended as direct financial assistance for grants for educational expenses and student employment and that for each fiscal year a minimum of ten per cent of the institutional state student financial aid which exceeds the amount appropriated to each independent institution for the fiscal year ending June 30, 1987, be used for financial aid for needy minority students; P.A. 88-252 provided that for each fiscal year a minimum of five per cent of the total amount of state student financial aid appropriated to each institution which exceeds the amount received by each institution for the fiscal year ending June 30, 1988, be used for on-campus or off-campus community service work-study placements; P.A. 90-147 added Subsec. (b) re allocation reduction for the fiscal years ending June 30, 1989, and June 30, 1990, and made technical changes; P.A. 94-180 provided for the redistribution of returned funds and deleted obsolete provisions formerly designated as Subsec. (b), effective July 1, 1994.

      Sec. 10a-41. (Formerly Sec. 10-331g). Amount of aid to individual students. The amount of aid to be given under this program to an individual student shall be determined by the individual college or university on the basis of a needs analysis system approved by the United States Department of Education. Financial aid provided pursuant to this section in any one fiscal year shall not exceed the General Fund cost per full-time equivalent student at The University of Connecticut and in the Connecticut State University system, as determined in section 10a-39, and shall be consistent with the published student aid policies of the college or university. Grants shall be awarded only to Connecticut students attending full-time or part-time and, except as otherwise provided in this section, shall not exceed a student's financial need. Financial aid provided to Connecticut residents under this program shall be designated as a grant from the Connecticut Independent College Student Grant (C.I.C.S.G.) Program.

      (1972, S.A. 53, S. 19; P.A. 75-574, S. 1; P.A. 76-410, S. 1, 4; P.A. 83-197, S. 6, 9; P.A. 85-477, S. 3, 4; P.A. 87-450, S. 6, 17; P.A. 90-147, S. 2, 20; P.A. 91-208, S. 2, 11; 91-256, S. 50, 69; P.A. 94-180, S. 3, 17.)

      History: P.A. 75-574 excluded consideration of veterans' benefits in determination of amount of aid to individual students; P.A. 76-410 deleted provision re veterans' benefits; Sec. 10-331g transferred to Sec. 10a-41 in 1983 pursuant to reorganization of higher education system; P.A. 83-197 limited aid to individual student to an amount not to exceed, for any one fiscal year, one-half of the general fund cost per full-time equivalent student at The University of Connecticut and the Connecticut State University and limited grants to Connecticut students and to such student's financial need; P.A. 85-477 amended section to limit aid to not more than "three-fourths of the general fund cost ..." and provided that financial aid under this program to be designated a grant from the Connecticut Independent College Student Grant Program; P.A. 87-450 provided that the amount of aid to be given to a student be based on a needs analysis system approved by the United States Department of Education, increased the aid limit from "three-fourths of the general fund cost ..." to "the general fund cost ...", required that student aid policies be published and clarified, that grant recipients may be either full-time or part-time students; P.A. 90-147 added an alternative method for the determination of financial need for purposes of student employment and provided that certain students employed in on-campus and off-campus community service work-study placements may earn not more than four thousand dollars in any year for which they receive awards; P.A. 91-208 substituted five per cent for three per cent and five thousand dollars for four thousand dollars in limitations on aid given by institution and on student's earnings, respectively; P.A. 91-256 made a technical change; P.A. 94-180 deleted exceptions to the determination of individual student need by the individual college or university, effective July 1, 1994.

      Sec. 10a-42. (Formerly Sec. 10-331h). Making of payments to colleges. The Board of Governors of Higher Education shall disburse to each participating college or university on or about September first of each year funds made available under this program.

      (1972, S.A. 53, S. 22; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-197, S. 7, 9; P.A. 84-241, S. 2, 5.)

      History: P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-331h transferred to Sec. 10a-42 in 1983; P.A. 83-197 deleted installment payment of grant and provided for a single payment; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-42a. Eligibility of colleges or universities participating in program as of June 30, 1983. Nothing in sections 10a-36 to 10a-42, inclusive, shall affect the eligibility of an accredited independent college or university which, as of June 30, 1983, participated in the program authorized under sections 10a-36 to 10a-42, inclusive, of the general statutes, revision of 1958, revised to 1983. A change in corporate structure shall not affect the eligibility of an accredited independent college or university that participated in said program as of said date.

      (P.A. 83-197, S. 8, 9; P.A. 05-245, S. 52.)

      History: P.A. 05-245 added provision re change in corporate structure, effective June 30, 2005.

      Secs. 10a-42b to 10a-42f. Contracting with independent colleges for programs. Definitions. Requirements to be met prior to contracting. Duties of Board of Governors of Higher Education re contracting program. Contract students not to be counted for purpose of calculating independent colleges grant. Sections 10a-42b to 10a-42f, inclusive, are repealed.

      (P.A. 83-288, S. 1-5; P.A. 84-241, S. 2, 5; P.A. 87-450, S. 16, 17; P.A. 90-147, S. 18, 20.)

      Sec. 10a-42g. Amount for need-based undergraduate student financial aid. Commencing with the fiscal year ending June 30, 1988, and for each fiscal year thereafter, an independent college or university participating in the Connecticut independent college student grant program pursuant to sections 10a-36 to 10a-42a, inclusive, shall annually submit to the Board of Governors of Higher Education, at such time and in such manner as the Commissioner of Higher Education prescribes, a report of the total amount of need-based undergraduate student financial aid for Connecticut students, based on the information reported by such institution to the United States Department of Education, which was expended from institutional funds during the prior fiscal year. The report shall include an explanation of any significant variations in the amounts of such aid expended from institutional funds between the fiscal year two years prior and the fiscal year one year prior. The board may require an institution participating in the Connecticut independent college student grant program to provide need-based undergraduate student financial aid for Connecticut students from institutional funds, provided the amount of such required aid not exceed an amount equal to the percentage at which the annual Connecticut independent college student grant program appropriation is funded pursuant to section 10a-39 times the Connecticut independent college student grant program allocation to an institution in that fiscal year.

      (P.A. 87-450, S. 2, 17; P.A. 94-180, S. 4, 17.)

      History: P.A. 94-180 required annual report to the Board of Governors, deleted requirement that participating colleges and universities expend a required amount of institutional funds for need-based student financial aid and added authorization for the board to require such expenditure, effective July 1, 1994.

PART V
MISCELLANEOUS

      Sec. 10a-43. (Formerly Sec. 10-332). Postsecondary education certificate. The Board of Governors of Higher Education may issue a certificate certifying that the person to whom the same is issued has had the postsecondary education required by any provision of the general statutes or by any regulation of any board for admission to an examination to practice any profession or for admission to the practice of any profession for which evidence of education is required by the provisions of the general statutes. The provisions of this section shall not apply to certification of teachers for the public schools.
      (February, 1965, P.A. 330, S. 12; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)

      History: P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-332 transferred to Sec. 10a-43 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      See Sec. 10-5 re high school equivalency diploma and "honors" diploma.

      Sec. 10a-44. (Formerly Sec. 10-334). Granting of funds to United Student Aid Funds, Inc. Section 10a-44 is repealed.

      (February, 1965, P.A. 361, S. 15; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 39, 46; P.A. 83-587, S. 19, 96; P.A. 84-241, S. 2, 5; P.A. 88-136, S. 36, 37.)

      Sec. 10a-44a. Availability of price and revision information re college textbooks. Each publisher of college textbooks shall make available to a prospective purchaser of their products who is a member of the faculty of an institution of higher education (1) the price at which the publisher would make the products available to the store on the campus of such institution that would offer such products to students, and (2) the history of revisions for such products, if any. For purposes of this section, "products" means all versions of a textbook or set of textbooks, except custom textbooks or special editions of textbooks, available in the subject area for which a prospective purchaser is teaching a course, including supplemental items, both when sold together or separately from a textbook.

      (P.A. 06-103, S. 1.)

      History: P.A. 06-103 effective July 1, 2006.

      Sec. 10a-45. (Formerly Sec. 10-334b). Receipt and expenditure of federal funds. The Board of Governors of Higher Education may serve as the agency of the state with respect to any federal program under any Act of Congress or administrative ruling pursuant thereto pertaining to higher education, and, in such capacity, may apply for, accept and expend funds allocated or payable to the state for state, local and other expenditures, may establish and administer or supervise the administration of any state-wide plan which is now or may hereafter be required as a condition for receipt of federal funds and may take such other action as may be reasonable and necessary to fulfill the purposes of the federal requirements.

      (1967, P.A. 585, S. 2; P.A. 73-281, S. 1, 7; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)

      History: P.A. 73-281 specified "commission" as commission for higher education; P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-334b transferred to Sec. 10a-45 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-46. (Formerly Sec. 10-334c). Governor may assign certain programs to other agencies. Notwithstanding the power granted to said Board of Governors of Higher Education by section 10a-45, the Governor may, if in his judgment it is more appropriate for a particular federal program or programs pertaining to higher education to be administered by an agency other than said board, designate any commissioner, officer or agency of the state, or any group or committee of commissioners or officers of the state, to serve as the sole agency of the state in performing the functions enumerated in the preceding section, and any such agency so designated by the Governor may perform said functions.

      (1967, P.A. 585, S. 3; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)

      History: P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-334c transferred to Sec. 10a-46 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-47. (Formerly Sec. 10-334d). Excepted federal programs. Sections 10a-45 to 10a-49, inclusive, shall not be interpreted to apply to any federal program under which funds are payable by grant, contract or otherwise to any specific institution of higher education and where the federal legislation, or administrative ruling pursuant thereto, authorizing or appropriating funds for such program does not require administrative action by the state as a condition to the determination to pay or the payment of such funds.

      (1967, P.A. 585, S. 4; P.A. 73-281, S. 2, 7; P.A. 85-613, S. 97, 154.)

      History: P.A. 73-281 extended applicability to include Secs. 10-324 and 10-324f and deleted reference to repealed Sec. 10-334a; Sec. 10-334d transferred to Sec. 10a-47 in 1983 pursuant to reorganization of higher education system; P.A. 85-613 made technical change, deleting reference to Sec. 10-324(c).

      Sec. 10a-48. (Formerly Sec. 10-334e). Community service programs. Connecticut Campus Compact for Student Community Service. (a) The Board of Governors of Higher Education shall, in addition to its other powers and duties and in consultation with the Connecticut Campus Compact for Student Community Service established pursuant to subsection (c) of this section, provide for a comprehensive, coordinated and state-wide system of college and university community service programs designed to assist in the identification and solution of community problems in urban, suburban and rural areas, and, as a part thereof, shall (1) identify problems, matters or areas relevant to the interests and welfare of the citizens of the state which it deems should be made the subject of community service programs, (2) support community service programs regarding such problems, matters or areas through any public or private institution of higher education in the state, through any combination of such institutions, and through any joint, collective, regional, representative or other organization established by such institutions or by professional staff members designated by such institutions, (3) provide an information service about community service programs in institutions of higher education in the state, (4) publish such documents as will, in its judgment, further its activities and (5) in consultation with institutions of higher education in the state, develop a plan to improve the integration of student community service programs with academic course offerings and submit the plan to the joint standing committee of the General Assembly having cognizance of matters relating to education not later than June 30, 1991.

      (b) The board may expend its appropriations and receipts received for the purpose of initiating and supporting community service programs by means of contracts, grants or other arrangements which it deems effective and appropriate, provided nothing in this section or section 10a-48a shall prevent the Department of Higher Education from accepting volunteer services or receiving and expending federal or private funds for purposes of this section and section 10a-48a.

      (c) There is established a Connecticut Campus Compact for Student Community Service to review opportunities and initiatives for, and develop plans to encourage and support, student community service programs at institutions of higher education in the state or which involve cooperation and coordination among such institutions. The compact shall be composed of the chief executive officer or president of each public and independent institution of higher education in the state and the Commissioner of Higher Education, or their designees. On or before October 1, 1989, and at least annually thereafter, the Commissioner of Higher Education shall convene the members of the compact.

      (1967, P.A. 585, S. 6, 7; P.A. 73-281, S. 3, 7; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 89-40, S. 1, 2; P.A. 90-339, S. 1, 6; P.A. 91-208, S. 3, 11; P.A. 96-88, S. 4, 9.)

      History: P.A. 73-281 substituted commission for higher education for Connecticut commission on aid to higher education in Subsec. (a) and substituted "received for the purpose of initiating and supporting" for "to initiate and support"; P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-334e transferred to Sec. 10a-48 in 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 89-40 added new Subsec. (c) establishing a campus compact for student community service and provided in Subsec. (a) that the board of governors of higher education consult with the compact in providing a state-wide system of community service programs; P.A. 90-339 in Subsec. (a) added Subdiv. (5) re plan to improve integration of student community service programs with academic course offerings; P.A. 91-208 in Subsec. (b) added provision for acceptance of volunteer services and for receiving and expending federal and private funds; P.A. 96-88 deleted provision in Subsec. (a)(4) that publication of documents by board shall not be subject to provisions of repealed Sec. 4a-68, effective July 1, 1996.

      Sec. 10a-48a. Student community service fellowship program. Coordinator for student community service. (a) There is established within the Department of Higher Education a student community service fellowship program to develop community service leadership and activities for students at institutions of higher education in the state. For each fiscal year in which funds are appropriated the program shall provide a fellowship or fellowships. Fellowships shall be awarded for one academic year, except that fellowships to undergraduate students shall be awarded on a semester basis. Fellowship recipients shall work throughout the state to develop and coordinate programs in which students provide community service, train students who are providing or are interested in providing community service, be responsible for publicizing opportunities for students to provide community service, work with faculty and administrators at institutions of higher education in the state to promote student community service and assist in the implementation of the provisions of section 10a-48. To be eligible for a fellowship pursuant to this subsection, an applicant's residence shall be as defined in section 10a-28.

      (b) Not later than January 1, 1991, each institution of higher education which receives funds for student financial assistance pursuant to section 10a-40 or 10a-164a, shall have a coordinator for student community service, provided each such institution may designate either an employee or a student as such coordinator.

      (P.A. 88-252, S. 1, 6; P.A. 90-339, S. 2, 6; P.A. 91-208, S. 4, 11.)

      History: P.A. 90-339 deleted Subsec. (b) and (c) designations and added new Subsec. (b) re coordinator for student community service; P.A. 91-208 in Subsec. (a) removed provision limiting fellowships to "two" language specifying that one fellowship be for an undergraduate or recent graduate of an institution of higher education in the state and one fellowship be for a faculty member or administrator of such an institution.

      Sec. 10a-48b. Grants for participation in the federal National and Community Service Trust Program. The Board of Governors of Higher Education may, within the limits of available appropriations, provide grants on a competitive basis to public and nonprofit service entities seeking to participate in the federal National and Community Service Trust Program pursuant to 42 USC 12501 et seq., in order to assist such service entities in meeting federal matching fund requirements for service placements, provided no grant shall exceed one-half of the federally unreimbursed cost to the service entity for providing such placements. Applications for grants pursuant to this section shall be made at such time and in such manner as the Commissioner of Higher Education prescribes.

      (P.A. 94-107, S. 1, 2.)

      History: P.A. 94-107 effective July 1, 1994.

      Sec. 10a-49. (Formerly Sec. 10-334f). Advisory committee on federal matters. In carrying out its responsibilities under sections 10a-45, 10a-47 and 10a-48, the Board of Governors of Higher Education may establish an advisory committee on federal matters to be composed of persons experienced in public and private education. Those persons serving on January 1, 1972, as members of the Connecticut Commission on Aid to Higher Education shall be the first appointees to such a committee.

      (P.A. 73-281, S. 5, 7; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5.)

      History: P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-334f transferred to Sec. 10a-49 in 1983; P.A. 84-241 added "of higher education" to board of governors' title.

      Sec. 10a-50. (Formerly Sec. 10-334g). Absence of students due to religious beliefs. No person shall be expelled from or refused admission as a student to an institution of higher education for the reason that he is unable, because the tenets of his religion forbid secular activity on a particular day or days or at a particular time of day, to attend classes or to participate in any examination, study or work requirements on such particular day or days or at such time of day. Any student in an institution of higher education who is unable, because of such reason, to attend classes on a particular day or days or at a particular time of day shall be excused from any examination or any study or work assignments on such particular day or days or at such particular time of day. It shall be the responsibility of the faculty and of the administrative officials of each institution of higher education to make available to each student who is absent from school because of such reason an equivalent opportunity to make up any examination, study or work requirements which he has missed because of such absence on any particular day or days or at any particular time of day. No special fees of any kind shall be charged to the student for making available to such student such equivalent opportunity. No adverse or prejudicial effects shall result to any student because of his availing himself of the provisions of this section. For the purposes of this section, "institution of higher education" shall mean any of the schools comprising the state system of higher education, as defined in section 10a-1.

      (P.A. 75-367, S. 1.)

      History: Sec. 10-334g transferred to Sec. 10a-50 in 1983 pursuant to reorganization of higher education system.

      Sec. 10a-51. (Formerly Sec. 10-334h). Child care centers. (a) The board of trustees of any constituent unit of the state system of higher education may allocate funds from its General Fund appropriation for any expenses incurred in connection with the operation of a child care center utilized in the instructional program of such constituent unit.

      (b) The board of trustees of any such constituent unit may authorize the charging of a fee or schedule of fees to any person using any child care center operated by such constituent unit. Notwithstanding the provisions of sections 10a-77, 10a-99 and 10a-105, the fixing of any such fee or schedule of fees shall not be subject to the approval of the Board of Governors of Higher Education. Any fees so charged at any such constituent unit shall be deposited in, and become a part of the resources of, the auxiliary services fund of such constituent unit, to be used for any noneducational aspects of any auxiliary services for which such fund is used.

      (P.A. 75-444; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 92-126, S. 37, 48.)

      History: P.A. 77-573 replaced commission for higher education with board of higher education; 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. 10-334h transferred to Sec. 10a-51 in 1983; P.A. 84-241 added "of higher education" to board of governors' title; P.A. 92-126 removed a reference in Subsec. (b) to repealed Sec. 10a-83.

      Sec. 10a-52. (Formerly Sec. 10-328c). Use of the term "Commission for Higher Education". Section 10a-52 is repealed, effective July 1, 1993.

      (P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 83-105, S. 2; P.A. 84-241, S. 3, 5; P.A. 85-613, S. 24, 154; P.A. 93-353, S. 51, 52.)

      Sec. 10a-53. (Formerly Sec. 10-328d). Transfer of functions. The transfer of functions, powers, duties; obligations, including, but not limited to, contract obligations; the continuance of orders and regulations, the effect upon pending actions and proceedings, the completion of unfinished business and the transfer of records and property between the Commission for Higher Education as said commission existed immediately prior to August 1, 1977, and the Board of Higher Education established pursuant to section 10a-2, shall be governed by the provisions of subsections (a) to (d), inclusive, and subsection (f) of section 4-38d.

      (P.A. 77-573, S. 25, 30; P.A. 82-218, S. 37, 46; P.A. 85-613, S. 119, 154.)

      History: P.A. 82-218 required substitution of "board of governors" for "board of higher education" but the Revisors did not make the change in this section since it relates to an earlier reorganization under P.A. 77-573; however in the interests of historical continuity Sec. 10-328d was transferred to Sec. 10a-53 in 1983; P.A. 85-613 made technical change, substituting reference to Sec. 10a-2 for reference to Sec. 10-323a; (Revisor's note: In 1993 an obsolete reference to Sec. 4-38 was replaced editorially by the Revisors with reference to Sec. 4-38d).

      Annotation to former section 10-328d:

      Cited. 175 C. 586.

      Sec. 10a-54. Learning disabilities program. The Department of Higher Education shall establish, within available appropriations, a program at appropriate institutions within the state system of higher education, as determined by the Board of Governors of Higher Education to increase accessibility and provide support services for students with disabilities, including identifiable learning disabilities, as defined in subdivision (13) of section 10-76a, who attend or plan to attend such institutions. The department shall encourage and within available funds provide grants to support the coordination of efforts to improve accessibility, programs and services for students with disabilities throughout public higher education and between public and independent institutions of higher education in the state.

      (P.A. 86-297, S. 1, 2; P.A. 92-126, S. 44, 48; P.A. 96-146, S. 11, 12; P.A. 98-168, S. 9, 26.)

      History: P.A. 92-126 added language concerning accessibility for disabled students and removed a list of requirements for the program; P.A. 96-146 made a technical change, effective July 1, 1996; P.A. 98-168 made a technical change, effective July 1, 1998.

      Sec. 10a-55. Campus crime and security: Definitions. For purposes of this section and sections 10a-55a to 10a-55c, inclusive, and section 5 of public act 90-259*:

      (1) "Institution of higher education" means a constituent unit of the state system of higher education, as defined in section 10a-1, or an independent college or university, as defined in section 10a-37.

      (2) "Housing" means all residence halls and sorority and fraternity residences owned or under the control of an institution of higher education.

      (3) "Employee" means a person who is employed by an institution of higher education and is not a student at such institution.

      (P.A. 90-259, S. 1, 6.)

      *Note: Section 5 of public act 90-259 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

      Sec. 10a-55a. Uniform campus crime reports. (a) On or before September 1, 1991, and annually thereafter, each institution of higher education shall prepare in such manner as the Commissioner of Higher Education shall prescribe a uniform campus crime report concerning crimes committed in the immediately preceding calendar year within the geographical limits of the property owned or under the control of such institution. Such report shall be in accordance with the uniform crime reporting system pursuant to section 29-1c, provided such report is limited to those offenses included in part I of the most recently published edition of the Uniform Crime Reports for the United States as authorized by the Federal Bureau of Investigation and the United States Department of Justice and sexual assault under sections 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b and 53a-73a. The state police, local police departments and special police forces established pursuant to section 10a-142 shall cooperate with institutions of higher education in preparing such reports. Institutions with more than one campus shall prepare such reports for each campus.

      (b) Each annual report prepared pursuant to subsection (a) of this section shall include (1) the number of full-time equivalent students, (2) the number of full-time equivalent employees, (3) the number of students and employees residing in campus housing and (4) for each category of offense, the number of incidents reported and the crime rate. The crime rate shall be equal to the number of incidents reported divided by the total number of full-time equivalent students and employees.

      (c) Each institution of higher education shall notify, in writing, each person who submits an application for admission to the institution, each new employee at the time of employment and all students and employees annually at the beginning of each academic year of the availability of the report prepared pursuant to subsection (a) of this section and shall, upon request, provide the most recent report to any such applicant, employee or student.

      (P.A. 90-259, S. 2; P.A. 92-83, S. 1.)

      History: P.A. 92-83 added sexual assault offenses to those required to be reported.

      Sec. 10a-55b. Administrators not to interfere with filing of complaints concerning certain crimes. No administrator of an institution of higher education shall interfere with the right of a student or employee of such institution to file a complaint with the state police, local police department or special police force established pursuant to section 10a-142 concerning crimes committed within the geographical limits of the property owned or under the control of such institution.

      (P.A. 90-259, S. 3, 6.)

      Sec. 10a-55c. Information concerning security policies and procedures. (a) Each institution of higher education shall maintain information concerning current security policies and procedures which shall include, but need not be limited to, the following:

      (1) The identification of the administrative office responsible for security on the campus;

      (2) A description of authority of any special police force established pursuant to section 10a-142, or security personnel, including their relationship with state and local police authorities;

      (3) Procedures for students, employees and other persons to report crimes, incidents of sexual harassment, or emergencies occurring on campus and policies concerning the institution's response to such reports, including procedures for informing victims of the outcome of any campus investigation or disciplinary proceeding resulting from the victim's complaint;

      (4) A statement of policy regarding the possession, use and sale of alcoholic beverages and controlled substances, as defined in subdivision (9) of section 21a-240;

      (5) A statement of policy regarding the possession and use of weapons on campus;

      (6) A statement of policy regarding sexual harassment; and

      (7) For each institution of higher education which maintains housing, policies concerning the identification and admission of visitors, other than campus employees and students, to such housing and the type and frequency of programs designed to inform residents of such housing concerning housing security and enforcement procedures.

      (b) Each institution of higher education shall notify, in writing, each person who submits an application for admission to such institution and each new employee at the time of employment of the availability of the information described in subsection (a) of this section and upon request shall provide such information to any such applicant or new employee. Annually at the beginning of each academic year, each institution shall provide such information to all students and employees. Institutions with more than one campus shall provide such information for each campus.

      (c) For purposes of this section "sexual harassment" means with respect to an individual enrolled at an institution of higher education, any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature by an agent or employee of an institution of higher education when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's academic success, (2) submission to or rejection of such conduct by an individual is used as the basis for educational decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's academic performance or creating an intimidating or hostile educational environment.

      (P.A. 90-259, S. 4, 6; P.A. 92-83, S. 2, 3.)

      History: P.A. 92-83 amended Subsec. (a) to add sexual harassment in Subdiv. (3) and to require procedures for informing victims of the outcome of investigations or disciplinary proceedings, and to insert new Subdiv. (6) requiring policy re sexual harassment, renumbering former Subdiv. (6) accordingly, and added Subsec. (c) defining "sexual harassment".

      Secs. 10a-55d to 10a-60. Reserved for future use.