Substitute House Bill No. 5755
Substitute House Bill No. 5755
PUBLIC ACT NO. 94-245
AN ACT CONCERNING REVISIONS TO THE EDUCATION
STATUTES.
Section 1. Subsection (b) of section 10-266q
of the general statutes, as amended by section 5
of public act 93-145 and sections 13 and 14 of
public act 93-263, is repealed and the following
is substituted in lieu thereof:
(b) A priority school district grant shall be
payable to the local board of education for the
school districts described in section 10-266p, AS
AMENDED BY SECTION 4 OF PUBLIC ACT 93-145 AND
SECTIONS 13 AND 14 OF PUBLIC ACT 93-263, which
shall use the funds for ANY OF THE FOLLOWING: (1)
[the] THE creation or expansion of training,
evaluation, research, development, innovative
programs or activities related to dropout
prevention developed pursuant to the policy
adopted by the state board of education in
accordance with section 10-202e, [or] (2) ACADEMIC
ENRICHMENT, TUTORIAL AND RECREATION PROGRAMS OR
ACTIVITIES IN SCHOOL BUILDINGS DURING NONSCHOOL
HOURS, (3) development or expansion of
extended-day care kindergarten programs, [or (3)]
(4) initiatives to strengthen parent involvement
in the education of children, and parent and other
community involvement in school and school
district programs, activities and educational
policies, which may be in accordance with the
provisions of section 10-4g. Each such board of
education shall use its grant to supplement
existing programs or create new programs. If the
state board of education finds that any such grant
is being used for other purposes or is being used
to decrease the local share of support for
schools, it may require repayment of such grant to
the state.
Sec. 2. Section 38 of public act 93-80 is
repealed and the following is substituted in lieu
thereof:
The commissioner of higher education shall
review, within available appropriations,
compliance with the provisions of sections 35 to
37, inclusive, of [this act] PUBLIC ACT 93-80, and
shall report findings to the joint standing
committees of the general assembly having
cognizance of matters relating to education and to
appropriations and the budgets of state agencies
not later than [thirty] SIXTY days following the
close of each quarter of the fiscal year ending
June 30, 1994, and the fiscal year ending June 30,
1995.
Sec. 3. Section 10-266p of the general
statutes, as amended by section 4 of public act
93-145 and sections 13 and 14 of public act
93-263, is repealed and the following is
substituted in lieu thereof:
(a) The state board of education shall
administer a Priority School District grant
program to assist certain school districts to
improve student achievement and enhance
educational opportunities. The grant program shall
be for school districts in (1) the eight towns in
the state with the largest population, based on
the most recent federal decennial census, (2)
towns which rank from one to eleven when all towns
are ranked in descending order from one to one
hundred sixty-nine based on the number of children
under the aid to families with dependent children
program as defined in subdivision (14) of section
10-262f, plus the mastery count of the town as
defined in subdivision (9) of said section and (3)
towns which rank one to eleven when all towns are
ranked in descending order from one to one hundred
sixty-nine based on the ratio of the number of
children under the aid to families with dependent
children program as so defined to the resident
students of such town as defined in subdivision
(19) of said section plus the grant mastery
percentage of the town as defined in subdivision
(8) of said section. The state board of education
shall utilize the categorical grant program
established under this section and sections
10-266q and 10-266r and other educational
resources of the state to work cooperatively with
such school districts during any school year to
improve their educational programs. The state
board of education shall allocate one million
dollars to each of the eight towns described in
subdivision (1) of this section and five hundred
thousand dollars to each of the towns described in
subdivisions (2) and (3) of this section, except
the towns described in subdivision (1) shall not
receive any additional allocation if they are also
described in subdivision (2) or (3).
(b) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (a) OF THIS SECTION, ANY TOWN WHICH
RECEIVED A GRANT PURSUANT TO THIS SECTION FOR THE
FISCAL YEAR ENDING JUNE 30, 1994, SHALL RECEIVE A
GRANT IN THE SAME AMOUNT FOR THE FISCAL YEAR
ENDING JUNE 30, 1995.
Sec. 4. Subsections (a) and (b) of section
10-145f of the general statutes, as amended by
sections 19 and 34 of public act 93-353, are
repealed and the following is substituted in lieu
thereof:
(a) No person shall be formally admitted to a
state board of education approved teacher
preparation program until such person has achieved
satisfactory scores on all components, in one
administration, OR, ON AND AFTER JANUARY 1, 1995,
HAS ACHIEVED SATISFACTORY SCORES ON ALL COMPONENTS
of the state reading, writing and mathematics
competency examination prescribed BY and
administered [by] UNDER THE DIRECTION OF the
board, or has achieved a combined score of one
thousand or more on the Scholastic Aptitude Test
or an equivalent score as determined by the board
on a test deemed equivalent by the board,
provided, if the Scholastic Aptitude Test or the
equivalent test was a non-English-language
version, the person shall demonstrate a
satisfactory level of English proficiency as
determined by the board on a test prescribed by
the board. Such competency examination shall be
conducted at least twice during each academic
year.
(b) (1) Except as otherwise provided in
subsection (i) of section 10-145b, AS AMENDED, any
person who does not hold a valid certificate
pursuant to section 10-145b, AS AMENDED, shall (A)
achieve satisfactory scores on all components, in
one administration, OR, ON AND AFTER JANUARY 1,
1995, SATISFACTORY SCORES ON ALL COMPONENTS of the
state reading, writing and mathematics competency
examination prescribed BY and administered [by]
UNDER THE DIRECTION OF the board, or its
equivalent as determined by the board, and (B)
achieve a satisfactory evaluation on the
appropriate state board of education approved
subject area assessment in order to be eligible
for a certificate pursuant to said section unless
such assessment has not been approved by the state
board of education at the time of application, in
which case the applicant shall not be denied a
certificate solely because of the lack of an
evaluation on such assessment.
(2) Any person applying for an additional
certification endorsement shall achieve a
satisfactory evaluation on the appropriate state
board of education approved subject area
assessment in order to be eligible for such
additional endorsement, unless such assessment has
not been approved by the state board of education
at the time of application, in which case the
applicant shall not be denied the additional
endorsement solely because of the lack of an
evaluation on such assessment. The state board of
education shall complete the development of such
area assessments for all appropriate endorsements
not later than December 1, 1990.
(3) (A) On and after July 1, 1992, any teacher
who held a valid teaching certificate but whose
certificate lapsed and who had completed all
requirements for the issuance of a new certificate
pursuant to section 10-145b, AS AMENDED, except
for filing an application for such certificate,
prior to the date on which the lapse occurred, may
file, within one year of the date on which the
lapse occurred, an application with the
commissioner of education for the issuance of such
certificate. Upon the filing of such an
application, the commissioner may grant such
certificate and such certificate shall be
retroactive to the date on which the lapse
occurred, provided the commissioner finds that the
lapse of the certificate occurred as a result of a
hardship or extenuating circumstances beyond the
control of the applicant. If such teacher has
attained tenure and is reemployed by the same
board of education in any equivalent unfilled
position for which the person is qualified as a
result of the issuance of a certificate pursuant
to this subdivision, the lapse period shall not
constitute a break in employment for such person
reemployed and shall be used for the purpose of
calculating continuous employment pursuant to
section 10-151. If such teacher has not attained
tenure, the time unemployed due to the lapse of a
certificate shall not be counted toward tenure,
except that if such teacher is reemployed by the
same board of education as a result of the
issuance of a certificate pursuant to this
subdivision, such teacher may count the previous
continuous employment immediately prior to the
lapse towards tenure. Using information provided
by the teachers' retirement board, the state
department of education shall annually notify each
local or regional board of education of the name
of each teacher employed by such board of
education whose provisional certificate will
expire during the period of twelve months
following such notice. Upon receipt of such notice
the superintendent of each local and regional
board of education shall notify each such teacher
in writing, at such teacher's last known address,
that the teacher's provisional certificate will
expire. (B) Notwithstanding the provisions of this
subdivision to the contrary, for any teacher
employed by a local or regional board of education
or on authorized leave from such a board of
education, during the 1987-1988 school year, (i)
whose teaching certificate lapsed on or after
January 15, 1988, (ii) who successfully completed
the competency examination in accordance with the
provisions of this section subsequent to the date
on which the lapse occurred, (iii) whose teaching
certificate was reissued subsequent to the date on
which the lapse occurred and (iv) who was
reemployed by the same board of education during
the 1988-1989 school year, such lapse period shall
not constitute a break in employment for such
teacher and shall be used for the purpose of
calculating continuous employment pursuant to
section 10-151.
(4) Notwithstanding the provisions of this
subsection to the contrary, to be eligible for a
certificate to teach subjects for which a
bachelor's degree is not required, any applicant
who is otherwise eligible for certification in
such endorsement areas shall be entitled to a
certificate without having met the requirements of
the competency examination and subject area
assessment pursuant to this subsection for a
period not to exceed two years, except that for a
certificate to teach skilled trades or
trade-related or occupational subjects, the
commissioner may waive the requirement that the
applicant take the competency examination. The
commissioner may, upon the showing of good cause,
extend the certificate.
Sec. 5. Subsection (b) of section 10-292 of
the general statutes, as amended by section 9 of
public act 93-381, is repealed and the following
is substituted in lieu thereof:
(b) Notwithstanding the provisions of
subsection (a) of this section, a town or regional
school district may submit final plans and
specifications for oil tank replacement, roof
replacement, asbestos abatement, [or] code
violation OR ENERGY CONSERVATION projects or
projects for which state assistance is not sought,
to the local officials having jurisdiction over
such matters for review and written approval. The
total costs for an asbestos abatement, [or] code
violation OR ENERGY CONSERVATION project eligible
for review and approval under this subsection
shall not exceed one million dollars. Except for
projects for which state assistance is not sought,
no school building project described in this
subsection shall go out for bidding purposes prior
to the receipt and acceptance by the state
department of education of such written approval.
Sec. 6. Subsection (e) of section 10a-20a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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, [annually]
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.
Sec. 7. Subsection (d) of section 10-287 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) Each town or regional school district
shall submit a final grant application to the
state department of education within one year from
the date of completion and acceptance of the
building project by the town or regional school
district. [Failure] IF A TOWN OR REGIONAL SCHOOL
DISTRICT FAILS to submit a final grant application
within said period of time, [shall result in the
forfeiture of] THE COMMISSIONER MAY WITHHOLD ten
per cent of the state reimbursement for such
project. [A town or regional school district may
file with the commissioner a written request for a
waiver of the forfeiture within thirty days prior
to the date on which final grant application shall
be submitted. Upon receipt of such a written
request, the commissioner, within thirty days,
shall review the request and determine whether or
not such forfeiture shall be waived.]
Sec. 8. Subsection (b) of section 17a-17 of
the general statutes, as amended by section 1 of
public act 93-91, is repealed and the following is
substituted in lieu thereof:
(b) The commissioner of children and families
and the commissioner of education shall jointly
develop a single cost accounting system, on forms
developed jointly by the department of children
and families and the department of education,
which may be the basis for the payment of
reasonable expenses for room and board and
education by purchase of service agreement to
private residential treatment centers licensed
pursuant to section 17a-145, AS AMENDED BY SECTION
1 OF PUBLIC ACT 93-91. The commissioner of
children and families, after consultation with the
commissioner of education, shall adopt regulations
in accordance with the provisions of chapter 54 to
administer the system WHICH MAY PROVIDE FOR THE
COMBINING OF PROCEDURES WITHIN THE DEPARTMENT OF
CHILDREN AND FAMILIES AND THE DEPARTMENT OF
EDUCATION FOR ADMINISTERING THE SYSTEM INCLUDING
THE HOLDING OF JOINT HEARINGS AND REVIEWS.
Annually, on or before a date established by the
commissioner of children and families, each
residential treatment center shall submit to the
department of children and families, on forms
provided by said department and the department of
education, the audited costs of its approved
programs for the preceding year as certified by a
certified public accounting firm. On and after
July 1, 1983, no additional services shall be
included in the calculation of such reasonable
expenses unless such services are approved by the
commissioner of children and families or the
commissioner of education.
Sec. 9. Subdivision (1) of subsection (c) of
section 10-220 of the general statutes is repealed
and the following is substituted in lieu thereof:
(c) (1) [On May 1, 1992] BY NOVEMBER 1, 1994,
and annually [on May first] thereafter, each local
and regional board of education shall submit to
the commissioner of education a strategic school
profile report for each school under its
jurisdiction and for the school district as a
whole. The superintendent of each local and
regional school district shall present the profile
report at the next regularly scheduled public
meeting of the board of education after each such
[May] NOVEMBER first. The profile report shall be
developed in accordance with a uniform format
established by the state department of education
pursuant to subdivision (2) of this subsection and
shall provide information on measures of (A)
student needs, (B) school resources and (C)
student and school performance.
Sec. 10. Section 10-66b of the general
statutes is repealed and the following is
substituted in lieu thereof:
The operation and management of any regional
educational service center shall be the
responsibility of the board of such center to be
composed of at least one member from each
participating board of education, selected by such
board of education. [The board of any regional
educational service center which includes
participating boards of education whose students
attend the E. O. Smith School shall include a
member designated by the board of trustees of The
University of Connecticut who shall not be an
employee of a participating board of education.]
The board of the regional educational service
center may designate from its membership an
executive board which shall have such powers as
the board of the regional educational service
center may delegate and which are consistent with
this part. The term of office of members of the
board of the regional educational service center
shall not exceed four years. Members of the board
of the regional educational service center shall
receive no compensation for services rendered as
such, but may be reimbursed for necessary expenses
in the course of their duties. The director of the
regional educational service center shall serve as
the executive agent of the board of the regional
educational service center.
Sec. 11. Section 10-76o of the general
statutes is repealed and the following is
substituted in lieu thereof:
[The board of trustees of The University of
Connecticut, acting in its capacity as the local
board of education of the E. O. Smith School, and
the] THE boards of trustees of the Gilbert School,
Norwich Free Academy and Woodstock Academy shall
provide for [its] THEIR students special education
programs required to be provided by local and
regional school districts in accordance with
sections 10-76d to 10-76k, inclusive, AS AMENDED
BY THIS ACT, and may charge any sending town for
the costs of any such special education provided
to a student for whose education such sending town
is responsible and the sending town shall be
eligible to apply for state payment for such costs
under section 10-76g.
Sec. 12. Section 10a-1 of the general
statutes is repealed and the following is
substituted in lieu thereof:
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-2] 10a-5.
"Constituent units" as used in the general
statutes means those units in subdivisions (1) to
(4), inclusive, of this section.
Sec. 13. Subsection (a) of section 27-103 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) As used in the general statutes, except
chapter 504, and except as otherwise provided: (1)
"Armed forces" means the United States Army, Navy,
Marine Corps, Coast Guard and Air Force; (2)
"veteran" means any person honorably discharged
from, or released under honorable conditions from
active service in, the armed forces; (3) "service
in time of war" means service of ninety or more
days except, if the war, campaign or other
operation lasted less than ninety days, "service
in time of war" means service for the entire
duration of the war, campaign or other operation,
unless separated from service earlier because of a
service-connected disability rated by the
Veterans' Administration, during the
Spanish-American War, April 21, 1898, to August
13, 1898; the Philippine insurrection, August 13,
1898, to July 4, 1902, but as to engagements in
the Moro Province, to July 15, 1903; the Boxer
Rebellion, June 20, 1900, to May 12, 1901; the
Cuban pacification, September 12, 1906, to April
1, 1909; the Nicaraguan campaign, August 28, 1912,
to November 2, 1913; the Haitian campaign, July 9,
1915, to December 6, 1915; the punitive expedition
into Mexico, March 10, 1916, to April 6, 1917;
World War I, April 6, 1917, to November 11, 1918,
but as to service in Russia, to April 1, 1920;
World War II, December 7, 1941, to December 31,
1946; and the Korean hostilities, June 27, 1950,
to January 31, 1955; and shall include service
during the Vietnam era, January 1, 1964, to July
1, 1975; and shall include service while engaged
in combat or a combat support role during the
peace-keeping mission in Lebanon, September 29,
1982, to March 30, 1984; the invasion of Grenada,
October 25, 1983, to December 15, 1983; Operation
Earnest Will, involving the escort of Kuwaiti oil
tankers flying the United States flag in the
Persian Gulf, February 1, 1987, to July 23, 1987;
and the invasion of Panama, December 20, 1989, to
January 31, 1990; and shall include service during
Operation Desert Shield and Operation Desert
Storm, August 2, 1990 [, until the cessation of
hostilities as determined by the President of the
United States or until a date established by an
act of the general assembly] TO JUNE 30, 1994; and
shall include service during such periods with the
armed forces of any government associated with the
United States.
Sec. 14. Subsection (a) of section 10a-170t
of the general statutes is repealed and the
following is substituted in lieu thereof:
(a) Loan repayment and interest charges shall
commence twelve months after the academic
scholarship graduate student loan recipient has
terminated full-time student status or two years
after the initial receipt of a loan under this
program whichever occurs first. (1) A recipient
who renders services as a certified teacher in a
Connecticut public school on at least a half-time
basis as certified by the local superintendent of
schools shall have his loan forgiven as follows:
[(1)] (A) Thirty per cent forgiveness of the total
amount borrowed upon the completion of one year of
teaching; [(2)] (B) sixty per cent forgiveness of
the total amount borrowed upon the completion of
two years of teaching; [(3)] (C) one hundred per
cent forgiveness upon completion of three years of
teaching. If a loan recipient is teaching less
than full-time, said superintendent shall certify
to the department of higher education that a
full-time position was not available. (2)
Recipients who teach in a priority school district
as designated by the state department of education
pursuant to section 10-266p of the general
statutes, revision of 1958, revised to 1991, AS
AMENDED BY SECTION 4 OF PUBLIC ACT 93-145, shall
have their loans forgiven as follows: [(1)] (A)
Forty per cent forgiveness of the total amount
borrowed upon the completion of one year of
teaching; [(2)] (B) one hundred per cent
forgiveness upon the completion of two years of
teaching. If a recipient has taught in a priority
school district and in a nonpriority school
district, the department of higher education shall
formulate an appropriate forgiveness schedule.
Sec. 15. Section 10a-213 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The corporation shall establish and
maintain two funds: The unrestricted fund and the
restricted fund. (1) There shall be charged to the
unrestricted fund all administration and general
expenses of the corporation and payment of
interest to lenders on any and all loans
guaranteed by the corporation which under the
provisions of state or federal law are properly
chargeable to an unrestricted fund. Except as
hereinafter expressly provided, there shall be
credited to the unrestricted fund any and all
receipts of income of the corporation excluding
any income properly creditable to the restricted
fund. Moneys in the unrestricted fund not needed
to meet the expenses of the corporation may be
lent or transferred to the restricted fund or
invested in the manner provided in section 3-31a.
If money is needed in said fund to meet
obligations, the board may, with the approval of
the secretary of the office of policy and
management, borrow temporarily from the restricted
fund or the state general fund. (2) There shall be
charged to the restricted fund all payments by the
corporation of expenses properly charged to the
restricted fund under the provisions of state and
federal law including all payments to borrowers
under subsection (c) of section 10a-206, all
payments from the state designated for the
restricted fund and the amount of bonds authorized
for issuance by the state bond commission the
proceeds of which are to be deposited in the
restricted fund. If additional money is needed in
said fund to meet obligations, the board may, with
the approval of the secretary of the office of
policy and management, borrow temporarily from the
state general fund for such purpose. Moneys in the
fund not needed currently to meet its expenses and
obligations may be invested in the manner provided
in section 3-31a.
[(3)] (b) The method and manner of allocating
income and charging expenses between the
restricted and unrestricted funds shall be
annually audited by an independent certified
public accountant in accordance with generally
accepted accounting principles.
Sec. 16. Subsection (a) of section 10-369 of
the general statutes, as amended by section 40 of
public act 93-353, is repealed and the following
is substituted in lieu thereof:
(a) There shall be a state Commission on the
Arts. Commencing on July 1, 1987, the commission
shall consist of the president of the Connecticut
Advocates for the Arts, ANY MEMBER OF THE NATIONAL
COUNCIL ON THE ARTS WHO RESIDES IN CONNECTICUT and
twenty-one members appointed as follows: On or
before July 1, 1985, the governor shall appoint
five members of the commission, two of whom shall
be working artists in the performing or visual
arts and one of whom shall be a person having a
background of significant accomplishment in
business, to serve for terms of four years. Upon
the expiration of such terms, the governor shall
appoint five members to serve for terms of four
years. On or before July 1, 1993, the governor
shall appoint three members to serve for terms of
two years and shall appoint two members to serve
for terms of four years, EXCEPT THAT THE TERMS OF
THE THREE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30,
1995, SHALL EXPIRE ON DECEMBER 31, 1994, OR UNTIL
SUCH MEMBER'S SUCCESSOR IS APPOINTED AND
QUALIFIED, WHICHEVER IS LATER, AND THE TERMS OF
THE TWO MEMBERS WHOSE TERMS EXPIRE ON JUNE 30,
1997, SHALL EXPIRE ON DECEMBER 31, 1996, OR UNTIL
SUCH MEMBER'S SUCCESSOR IS APPOINTED AND
QUALIFIED, WHICHEVER IS LATER. Upon the expiration
of such terms, and thereafter, the governor shall
appoint members to serve for terms of four years
AND SHALL DESIGNATE ONE OF SUCH MEMBERS AS THE
CHAIRPERSON OF THE COMMISSION. On or before July
1, 1987, the president pro tempore of the senate
shall appoint five members and the minority leader
of the senate shall appoint three members to serve
for terms of two years and the speaker of the
house of representatives shall appoint five
members and the minority leader of the house of
representatives shall appoint three members to
serve for terms of two years. Such appointments
shall be made from among private citizens who are
widely known for their knowledge, competence or
experience in connection with the performing or
visual arts. Upon the expiration of such terms and
thereafter, members shall be appointed to serve
for terms of two years. Vacancies shall be filled
by the appointing authority for the unexpired
portion of the term. [The president of the
Connecticut Advocates for the Arts shall be a
permanent member during his term of office.]
Members of said commission shall receive no
compensation for their services as such but shall
be reimbursed for their necessary expenses
incurred in the performance of their duties. The
commission shall meet at least once during each
calendar quarter and at such other times as the
chairperson deems necessary or upon the request of
a majority of members in office. A majority of the
members of the commission, but not less than
seven, shall constitute a quorum. Any member who
fails to attend three consecutive meetings or who
fails to attend fifty per cent of all meetings
held during any calendar year shall be deemed to
have resigned from office. Except for the
president of the Connecticut Advocates for the
Arts AND THE MEMBERS WHO ARE ON THE NATIONAL
COUNCIL ON THE ARTS, no member shall serve more
than two full consecutive terms which commence on
or after July 1, 1985, or for more than eight
consecutive years after said date, whichever is
the longer period.
Sec. 17. Section 10-373p of the general
statutes, as amended by section 42 of public act
93-353, is repealed and the following is
substituted in lieu thereof:
(a) To be eligible for a matching grant for a
fiscal year pursuant to this section and section
10-373q, AS AMENDED BY SECTION 18 OF THIS ACT,
total donor contributions for the fiscal year for
which such amount is calculated shall be not less
than twenty-five thousand dollars.
(b) For the portion of total donor
contributions for the fiscal year which is equal
to twenty-five thousand dollars or more but does
not exceed the total donor contributions for the
prior fiscal year, there shall be a match of
twenty-five per cent of such amount, provided no
match pursuant to this subsection shall exceed two
hundred fifty thousand dollars.
(c) For the portion of total donor
contributions for the fiscal year which exceeds
the total donor contributions for the prior fiscal
year, there shall be a match of one hundred per
cent of such amount, provided no match pursuant to
this subsection shall exceed one million dollars.
[(d) If the total amount, or a portion of the
total amount, of donor contributions for the
fiscal year which is matched pursuant to
subsections (b) and (c) of this section is
contributed for an endowment for the arts
organization, the arts organization shall, in
addition to such match, receive ten per cent of
such total amount or such portion, as
appropriate.]
[(e)] (d) If in any fiscal year the total
amount of matching grants to be paid pursuant to
the provisions of this section and section
10-373q, AS AMENDED BY SECTION 18 OF THIS ACT,
exceed the investment earnings of the arts
endowment fund which are available for payments to
arts organizations pursuant to section 10-373o, AS
AMENDED BY SECTION 41 OF PUBLIC ACT 93-353, all
such matching grants shall be reduced on a pro
rata basis.
Sec. 18. Section 10-373q of the general
statutes, as amended by section 43 of public act
93-353, is repealed and the following is
substituted in lieu thereof:
Annually, on or before [October] DECEMBER
fifteenth, an arts organization may apply to the
commission for a state matching grant, provided
the organization includes in its application a
[statement, attested to by a certified public
accountant licensed pursuant to chapter 389, of]
COPY OF ITS INTERNAL REVENUE SERVICE RETURN OF
ORGANIZATION EXEMPT FROM INCOME TAX FORM, OR ANY
REPLACEMENT FORM ADOPTED BY THE INTERNAL REVENUE
SERVICE, SHOWING the total amount of contributions
received from donors for the [prior fiscal year
and the total amount, if any, of such
contributions which are for an endowment for the
arts organization] ARTS ORGANIZATION'S TWO MOST
RECENTLY COMPLETED FISCAL YEARS. On or before the
January fifteenth next following, the commission
shall certify to the treasurer an amount equal to
the total matching grants as calculated pursuant
to section 10-373p, AS AMENDED BY SECTION 17 OF
THIS ACT. Thereafter, the treasurer shall make
available such amount to the commission and the
commission shall, on or before April fifteenth,
pay to each arts organization a grant as
calculated pursuant to SAID section 10-373p.
Sec. 19. Section 10-373n of the general
statutes, as amended by section 44 of public act
93-353, is repealed and the following is
substituted in lieu thereof:
For purposes of this section and sections
10-373o to 10-373q, inclusive, AS AMENDED BY THIS
ACT:
(1) "Arts organization" means a nonprofit
organization in the state which is exempt from
taxation pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1986, as from time to
time amended, the primary purpose of which is to
create, perform, present or otherwise promote the
visual, performing or literary arts in the state,
but shall not mean an organization, the primary
purpose of which is instructional, or an
organization, the primary purpose of which is to
receive contributions for and provide funding to
arts organizations;
(2) "Commission" means the state Commission
on the Arts;
(3) "Contribution" means cash, negotiable
securities or other gifts of similar liquidity;
(4) "Donor" means a private organization, the
primary purpose of which is to receive
contributions for and provide funding to arts
organizations, a private foundation or private
corporation, partnership, single proprietorship or
association OR PERSON making a contribution to an
arts organization;
(5) "Fiscal year" means a period of twelve
calendar months [ending with June thirtieth of any
year] AS DETERMINED BY THE ARTS ORGANIZATION'S
BYLAWS.
Sec. 20. Subsection (a) of section 10-51 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The fiscal year of a regional school
district shall be July first to June thirtieth.
Except as otherwise provided in this subsection,
not less than two weeks before the annual meeting
held pursuant to section 10-47, the board shall
hold a public district meeting to present a
proposed budget for the next fiscal year. Any
person may recommend the inclusion or deletion of
expenditures at such time. After the public
hearing, the board shall prepare an annual budget
for the next fiscal year, make available on
request copies thereof and deliver a reasonable
number to the town clerk of each of the towns in
the district at least five days before the annual
meeting. At the annual meeting on the first Monday
in May, the board shall present a budget which
includes a statement of (1) estimated receipts and
expenditures for the next fiscal year, (2)
estimated receipts and expenditures for the
current fiscal year, (3) estimated surplus or
deficit in operating funds at the end of the
current fiscal year, (4) bonded or other debt, (5)
estimated per pupil expenditure for the current
and for the next fiscal year and (6) such other
information as is necessary in the opinion of the
board. Persons present and eligible to vote under
section 7-6 may accept or reject the proposed
budget except as provided below. No person who is
eligible to vote in more than one town in the
regional school district is eligible to cast more
than one vote on any issue considered at a
regional school district meeting or referendum
held pursuant to this section. Any person who
violates this section by fraudulently casting more
than one vote or ballot per issue shall be fined
not less than three hundred dollars or more than
five hundred dollars and shall be imprisoned not
less than one year or more than two years and
shall be disenfranchised. The regional board of
education may, in the call to the meeting,
designate that the vote on the motion to adopt the
budget shall be by paper ballots at the district
meeting held on the budget or by a "yes" or "no"
vote on the voting machines in each of the member
towns on the day following the district meeting.
If submitted to a vote by voting machine,
questions may be included on the ballot for
persons voting "no" to indicate whether the budget
is too high or too low, provided the vote on such
questions shall be for advisory purposes only and
not binding upon the board. Two hundred or more
persons qualified to vote in any regional district
meeting called to adopt a budget may petition the
regional board, in writing, at least three days
prior to such meeting, requesting that any item or
items on the call of such meeting be submitted to
the persons qualified to vote in the meeting for a
vote by paper ballot or on the voting machines in
each of the member towns on the day following the
district meeting and in accordance with the
appropriate procedures provided in section 7-7. If
a majority of such persons voting reject the
budget, the board shall, within [two] FOUR weeks
thereafter and upon notice of not less than one
week, call a district meeting to consider the same
or an amended budget. Such meetings shall be
convened at such intervals until a budget is
approved. After the budget is approved, the board
shall estimate the share of the net expenses to be
paid by each member town in accordance with
subsection (b) of this section and notify the
treasurer thereof. With respect to adoption of a
budget for the period from the organization of the
board to the beginning of the first full fiscal
year, the board may use the above procedure at any
time within such period. If the board needs to
submit a supplementary budget, the general
procedure specified in this section shall be used.
Sec. 21. Section 10-222a of the general
statutes, as amended by section 1 of public act
93-14, is repealed and the following is
substituted in lieu thereof:
Notwithstanding the provisions of chapter
106, or any municipal charter or special act to
the contrary, whenever any student, or the parent
or guardian of any student, pays for lost, damaged
or stolen textbooks, library materials, other
materials or equipment, or whenever insurance
proceeds are received for lost, damaged or stolen
textbooks, library materials, other materials or
equipment, an amount equal to the amount so paid
or received, net of any costs the fiscal authority
having budgetary responsibility or charged with
making appropriations for the school district has
incurred for the purpose of replacing or repairing
such lost, damaged or stolen textbooks, library
materials, other materials or equipment, shall be
deemed to be appropriated to the board of
education in addition to the funds appropriated by
the town to such board for the fiscal year in
which such payment is made or insurance proceeds
received. NOTWITHSTANDING THE PROVISIONS OF
CHAPTER 106, OR ANY MUNICIPAL CHARTER OR SPECIAL
ACT TO THE CONTRARY, WHENEVER ANY OUTSIDE GROUP OR
INDIVIDUAL MAKES PAYMENT FOR CUSTODIAL COSTS FOR
USE OF SCHOOL FACILITIES OR OTHERWISE FOR THE USE
OF SCHOOL FACILITIES AN AMOUNT EQUAL TO THE AMOUNT
SO PAID OR RECEIVED, NET OF ANY COSTS THE FISCAL
AUTHORITY HAVING BUDGETARY RESPONSIBILITY OR
CHARGED WITH MAKING APPROPRIATIONS FOR THE SCHOOL
DISTRICT HAS INCURRED FOR THE PURPOSE OF PROVIDING
CUSTODIAL SERVICES SHALL BE DEEMED TO BE
APPROPRIATED TO THE BOARD OF EDUCATION IN ADDITION
TO THE FUNDS APPROPRIATED BY THE TOWN TO SUCH
BOARD FOR THE CURRENT FISCAL YEAR.
Sec. 22. Section 4a-52b of the general
statutes is repealed and the following is
substituted in lieu thereof:
Notwithstanding any provision of the general
statutes to the contrary, a constituent unit of
the state system of higher education OR AN
INSTITUTION OF THE CONNECTICUT STATE UNIVERSITY
SYSTEM, may purchase, by negotiation, supplies,
materials, equipment and contractual services, as
defined in section 4a-50, AS AMENDED BY SECTION 2
OF PUBLIC ACT 93-42, for the constituent unit
[when the amount to be purchased is estimated to
be twenty thousand dollars or less and] OR
INSTITUTION, AS APPROPRIATE, when the supplies,
materials, equipment or contractual services (1)
are required to implement a grant, contract or
financial agreement between the constituent unit
OR INSTITUTION, AS APPROPRIATE, and the donor of
funds or other things of value which are given
with an obligation for service primarily to the
donor by the constituent unit OR INSTITUTION, AS
APPROPRIATE and (2) are specified in such grant,
contract or financial agreement.
Sec. 23. (NEW) (a) The commissioner of
education shall, in conjunction with the
commissioner of administrative services, establish
a schedule of parental contributions based on a
sliding scale for early intervention services
provided pursuant to sections 1 to 4, inclusive,
of public act 93-383 in accordance with part H of
the Individuals with Disabilities Education Act,
20 USC 1471 et seq. The schedule of parental
contributions shall consider the cost of such
services relative to the financial resources of
the parents or legal guardians of eligible
children.
(b) The maximum rate to be charged for the
services rendered under said sections of public
act 93-383 and similar services to each eligible
child for the ensuing year shall be the full cost
of all allowable costs under part H of the
Individuals with Disabilities Education Act as
determined by the department of education, in
consultation with the department of social
services. The commissioner of education shall have
the right of recovery or indemnification which a
recipient of early intervention services has
against an insurer for the cost of services if
assigned such right by parents or legal guardians
of eligible children. The department of education
may assign its right to collect parental
contributions and recoveries from third party
payers to a designee in order to assist in
obtaining payment for such services.
(c) The state board of education shall adopt
regulations, pursuant to section 2 of public act
93-383, as amended by section 25 of this act, for
the recovery against insurers for the cost of
services and to establish procedures for the
determination of the liability of a parent or
legal guardian. The commissioner of education
shall implement said regulations commencing July
1, 1995.
(d) The secretary of the office of policy and
management shall evaluate, in consultation with
the department of education, the feasibility of
holding birth to three early intervention
recipients harmless for the impact of pursuit of
payment for early intervention services against
lifetime health insurance limits. The secretary
shall report, in accordance with the provisions of
section 11-4a of the general statutes, on his
findings and recommendations, including
identification of the appropriate state agency to
pay such claims, if any, to the joint standing
committee of the general assembly having
cognizance of matters relating to education by
December 1, 1994.
Sec. 24. Section 1 of public act 93-383 is
repealed and the following is substituted in lieu
thereof:
For the purposes of sections 1 to 4,
inclusive, of [this act] PUBLIC ACT 93-383,
SECTION 23 OF THIS ACT, section 10-94f of the
general statutes, as amended by section 6 of [this
act] PUBLIC ACT 93-383, and section 10-94g of the
general statutes, as amended by section 7 of [this
act] PUBLIC ACT 93-383, SECTION 1 OF PUBLIC ACT
93-91 AND SECTION 12 OF PUBLIC ACT 93-353:
(1) "Eligible children" means children from
birth to thirty-six months of age, who are not
eligible for special education and related
services pursuant to sections 10-76a to 10-76h,
inclusive, of the general statutes, AS AMENDED,
and who need early intervention services because
such children are:
(A) Experiencing a significant developmental
delay as measured by standardized diagnostic
instruments and procedures in one or more of the
following areas: (i) Cognitive development; (ii)
physical development, including vision or hearing;
(iii) communication development; (iv) social or
emotional development; or (v) adaptive skills; or
(B) Diagnosed as having a physical or mental
condition that has a high probability of resulting
in developmental delay.
(2) "Council" means the state interagency
birth-to-three coordinating council established
pursuant to section 3 of [this act] PUBLIC ACT
93-383.
(3) "Lead agency" means the department of
education.
(4) "Participating agencies" includes, but is
not limited to, the departments of education,
human resources, health services, children and
youth services, income maintenance, mental
retardation, insurance, the board of education and
services for the blind, the commission on the deaf
and hearing impaired and the office of protection
and advocacy FOR PERSONS WITH DISABILITIES.
(5) "Individualized family service plan"
means a written plan for providing early
intervention services to an eligible child and the
child's family.
(6) "Parent" means a parent, guardian, a
person acting as a parent of a child, or surrogate
parent appointed pursuant to section 10-94g of the
general statutes, as amended by section 7 of [this
act] PUBLIC ACT 93-383, SECTION 1 OF PUBLIC ACT
93-91 OF SECTION 12 OF PUBLIC ACT 93-353.
Sec. 25. Section 2 of public act 93-383 is
repealed and the following is substituted in lieu
thereof:
(a) Not later than September 30, 1993, the
lead agency, in coordination with the
participating agencies and in consultation with
the council, shall establish and maintain a
state-wide system of early intervention services
pursuant to Part H of the Individuals With
Disabilities Education Act, 20 USC 1471 et seq.,
for eligible children and the families of such
children, in accordance with sections 1 to 4,
inclusive, of [this act] PUBLIC ACT 93-383.
(b) The state board of education shall adopt
regulations, in accordance with the provisions of
chapter 54 of the general statutes, to carry out
the provisions of sections 1 to 4, inclusive, of
[this act] PUBLIC ACT 93-383 AND SECTION 23 OF
THIS ACT.
(c) The program established pursuant to
sections 1 to 4, inclusive, of [this act] PUBLIC
ACT 93-383, shall terminate on June 30, 1996,
unless reestablished by the general assembly prior
to said date.
Sec. 26. Section 10a-103 of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall continue to be a board of
trustees for The University of Connecticut to
consist of nineteen persons, twelve to be
appointed by the governor, who shall reflect the
state's geographic, racial and ethnic diversity;
two to be elected by the university alumni; two to
be elected by the students enrolled at the
institutions under the jurisdiction of said board;
and three members ex officio. On or before July 1,
1983, the governor shall appoint members to the
board as follows: Four members for a term of two
years from said date; four members for a term of
four years from said date; and four members for a
term of six years from said date. Thereafter the
governor shall appoint trustees of said university
to succeed those appointees whose terms expire,
and each trustee so appointed shall hold office
for a period of six years from the first day of
July in the year of his appointment. The
commissioner of agriculture and the commissioner
of education shall be, ex officio, members of the
board of trustees. The governor shall be, ex
officio, president of said board. The graduates of
all of the schools and colleges of said university
shall, prior to September first in the
odd-numbered years, elect one trustee, who shall
be a graduate of the institution and who shall
hold office for four years from the first day of
September succeeding his election. Not less than
two nor more than four nominations for each such
election shall be made by the alumni association
of said university, provided no person who has
served as an alumni trustee for the two full
consecutive terms immediately prior to the term
for which such election is to be held shall be
nominated for any such election. Such election
shall be conducted by mail prior to September
first under the supervision of a canvassing board
consisting of three members, one appointed by the
board of trustees, one by the board of directors
of the alumni association of the university and
one by the president of the university. No ballot
in such election shall be opened until the date by
which ballots must be returned to the canvassing
board. In such election all graduates shall be
entitled to vote by signed ballots which have been
circulated to them by mail and which shall be
returned by mail. Vacancies occurring by death or
resignation of either of such alumni trustees
shall be filled for the unexpired portion of the
term by special election, if such unexpired term
is for more than eighteen months. When the
unexpired term is eighteen months or less, such
vacancy shall be filled by appointment by the
board of directors of said alumni association. On
or before November 1, 1975, the students of The
University of Connecticut shall, in such manner as
the board of trustees of said university shall
determine, elect two trustees, each of whom shall
be enrolled as a full-time student of said
university at the time of his election. One such
member shall be elected for a term of one year
from November 1, 1975, and one for a term of two
years from said date. [On or before November]
PRIOR TO JULY first, annually, [thereafter,] such
students shall, in such manner as the board shall
determine, elect one member of said board, who
shall be so enrolled at said university at the
time of his election and who shall serve for a
term of two years from [November] JULY first in
the year of his election. Any vacancies in the
elected membership of said board shall, except as
otherwise provided in this section, be filled by
special election for the balance of the unexpired
term.
Sec. 27. Section 10a-89 of the general
statutes, as amended by section 12 of public act
93-201, is repealed and the following is
substituted in lieu thereof:
(a) Subject to state-wide policy and
guidelines established by the board of governors
of higher education, the board of trustees shall
[administer] PROVIDE FOR THE ADMINISTRATION OF the
Connecticut State University system, plan for the
expansion and development of the institutions
within its jurisdiction, and submit such plans to
the board of governors of higher education for
review and recommendations and to the commissioner
of public works and the state properties review
board for approval. The commissioner of public
works upon request of the board of trustees shall,
in accordance with section 4b-30, negotiate and
execute leases on such physical facilities as the
board of trustees may deem necessary for proper
operation of such institutions, and the board of
trustees may, with the permission of the
commissioner of public works and the state
properties review board, expend capital funds
therefor if such leasing is required during the
planning and construction phases of institutions
within its jurisdiction for which such capital
funds were authorized. [The] SUBJECT TO SUCH
POLICIES AS MAY BE ESTABLISHED BY THE board of
trustees, THE CHIEF EXECUTIVE OFFICER OF EACH
INSTITUTION WITHIN THE JURISDICTION OF THE BOARD
may make buildings and other facilities under its
control available to nonprofit and other
organizations or to individuals for temporary uses
not inconsistent with the educational purpose of
the [institutions within its jurisdiction]
INSTITUTION. The board of trustees may appoint or
remove the chief executive officer of each
institution within its jurisdiction, and with
respect to its own operation the board of trustees
may appoint and remove an executive secretary and
executive staff. The board of trustees may
determine the size of the executive staff and the
duties, terms and conditions of employment of said
secretary and staff, subject to personnel
guidelines established by the board of governors
of higher education in consultation with said
board of trustees. The board of trustees may
employ faculty and other personnel needed to
maintain and operate the institutions within its
jurisdiction. Within the limitation of
appropriations, the board of trustees shall fix
the compensation of such personnel, establish
terms and conditions of employment and prescribe
their duties and qualifications. The board of
trustees shall determine who constitutes its
professional staff and establish compensation and
classification schedules for its professional
staff. The board of trustees shall annually
submit to the commissioner of administrative
services a list of the positions which it has
included within the professional staff. The board
of trustees may appoint one or more physicians for
the Connecticut State University system and shall
provide such physicians with suitable facilities
for the performance of such duties as it
prescribes. Subject to state-wide policy and
guidelines established by the board of governors
of higher education, the board of trustees shall:
(1) Make rules for the government of the
Connecticut State University system and shall
determine the general policies of the university
system, including those concerning the admission
of students and the expenditure of the funds of
institutions under its jurisdiction within the
amounts available; (2) develop the mission
statement for the university system which shall
include, but not be limited to the following
elements: (A) The educational needs of and
constituencies served by the institutions within
its jurisdiction; (B) the degrees offered by such
institutions; and (C) the role and scope of each
institution within the university system, which
shall include each institution's particular
strengths and specialties. The board of trustees
shall submit the mission statement to the board of
governors of higher education for review and
approval in accordance with the provisions of
section 10a-6; (3) establish policies for the
university system and for the individual
institutions under its jurisdiction; (4) submit to
the board of governors of higher education, for
approval, recommendations for the establishment of
new academic programs; (5) make appropriate
recommendations to the board of governors of
higher education regarding institutional mergers
or closures; (6) coordinate the programs and
services of the institutions under its
jurisdiction; (7) be authorized to enter into
agreements, consistent with the provisions of
section 5-141d, to save harmless and indemnify
sponsors of research grants to institutions under
its jurisdiction, provided such an agreement is
required to receive the grant and limits liability
to damages or injury resulting from acts or
omissions related to such research by employees of
such institutions; (8) promote fund-raising to
assist the institutions under its jurisdiction and
report to the commissioner of higher education and
the joint standing committee of the general
assembly having cognizance of matters relating to
education by January 1, 1994, and biennially
thereafter, on fund-raising for each institution
under its jurisdiction; and (9) charge the direct
costs for a building project under its
jurisdiction to the bond fund account for such
project, provided (A) such costs are charged in
accordance with a procedure approved by the
treasurer and (B) nothing in this subdivision
shall permit the charging of working capital, as
defined in the applicable provisions of the
Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United
States, as from time to time amended, or costs
originally paid from sources other than the bond
fund account.
(b) The board of trustees shall: (1) Review
and approve institutional budget requests and
prepare and submit to the board of governors of
higher education, in accordance with the
provisions of section 10a-8, the budget request
for the Connecticut State University system; and
(2) propose facility planning and capital
expenditure budget priorities for the institutions
under its jurisdiction. The board may request
authority from the treasurer to issue payment for
claims against the state university system, other
than a payment for payroll, debt service payable
on state bonds to bondholders, paying agents, or
trustees, or any payment the source of which
includes the proceeds of a state bond issue.
Sec. 28. Subsection (c) of section 10-76h of
the general statutes, as amended by section 1 of
public act 93-91 and section 10 of public act
93-353, is repealed and the following is
substituted in lieu thereof:
(c) (1) The state department of education
shall, upon receipt of a request for a special
education hearing made in accordance with
subsection (a) of this section, appoint an
impartial hearing officer or hearing board,
knowledgeable in the fields and areas significant
to the review of the special educational needs of
the child or pupil. Hearing officers and members
of hearing boards shall not be employees of the
state department of education or any local or
regional board of education, unified school
district or public agency involved in the
education or care of the child. A person who is
paid to serve as a hearing officer is not deemed
to be an employee of the state department of
education. No person who participated in the
previous diagnosis, evaluation, prescription of
educational programs, provision of direct or
indirect services to the child or pupil, exclusion
or exemption from school privileges or any other
matter concerning the child's special education or
right to special education, nor any member of the
board of education of the school district under
review, shall be a hearing officer or a member of
a hearing board.
(2) EACH PARTY TO THE HEARING SHALL DISCLOSE,
NOT LATER THAN FIVE DAYS PRIOR TO THE DATE THE
HEARING COMMENCES, DOCUMENTARY EVIDENCE SUCH PARTY
PLANS TO PRESENT AT THE HEARING AND A LIST OF
WITNESSES SUCH PARTY PLANS TO CALL AT THE HEARING.
[(2)] (3) The hearing officer or board shall
hear testimony of the party requesting said review
and any other party directly involved, and shall
review the previous diagnosis, evaluation,
prescription of special educational services, and
other education records of said child or pupil,
which records shall be furnished by the board of
education of the school district or the unified
school district, and may hear such additional
testimony as the hearing officer or board shall
deem relevant. The hearing officer or board may
require a complete and independent diagnosis,
evaluation and prescription of educational
programs by qualified persons, the cost of which
shall be paid by the board of education of the
school district or the unified school district.
The hearing officer or board shall cause all
formal sessions of the hearing and review to be
transcribed.
Sec. 29. Subsection (b) of section 10-76d of
the general statutes, as amended by section 1 of
public act 93-91 and section 9 of public act
93-381, is repealed and the following is
substituted in lieu thereof:
(b) In accordance with the regulations of the
state board of education, each local and regional
board of education shall: (1) Provide special
education for school-age children requiring
special education who are described in subdivision
(1) of subsection (e) of section 10-76a. The
obligation of the school district under this
subsection shall terminate when such child is
graduated from high school or reaches age
twenty-one, whichever occurs first; AND (2)
provide special education for children requiring
special education who are described in subdivision
(1) of subsection (e) of section 10-76a and who
have not attained school age, but whose
educational potential will be irreparably
diminished without special education at an early
age. The state board of education shall define the
criteria by which each local or regional board of
education shall determine whether a given child is
eligible for special education pursuant to this
subdivision, and such determination shall be made
by the board of education when requested by a
parent or guardian, or upon referral by a
physician, clinic or social worker, provided the
parent or guardian so permits. To meet its
obligations under this subdivision, each local or
regional board of education may, with the approval
of the state board of education, make agreements
with any private school, agency or institution to
provide the necessary preschool special education
program, provided such private facility has an
existing program which adequately meets the
special education needs, according to standards
established by the state board of education, of
the preschool children for whom such local or
regional board of education must provide such an
education and provided such district does not have
such an existing program in its public schools.
Such private school, agency or institution may be
a facility which has not been approved by the
commissioner of education for special education,
provided such private facility shall be approved
by the commissioner as an independent school or
licensed by the department of public health and
addiction services as a day care or nursery
facility or be both approved and licensed. [The
per pupil grant by the state, pursuant to section
10-76g, for the costs incurred by any such board
of education for such preschool special education
through a private facility shall in no year exceed
the average per pupil grant by the state for the
costs incurred by boards of education for
preschool special education provided through the
public facilities of such boards.]
Sec. 30. Subsection (a) of section 10-4e of
the general statutes, as amended by section 24 of
public act 93-353, is repealed and the following
is substituted in lieu thereof:
(a) The state board of education and the board
of governors of higher education, with the advice
and assistance of the state library board, the New
England Cable Television Association, the
Connecticut Broadcasters Association, the Southern
New England Telecommunications Corporation and
[the Connecticut Educational Telecommunications
Corporation] CONNECTICUT PUBLIC BROADCASTING,
shall form a joint committee to assist both
agencies to coordinate effectively and utilize
efficiently educational technology for Connecticut
students. The committee shall consist of at least
the following: [One] THE COMMISSIONER OF ECONOMIC
DEVELOPMENT, OR HIS DESIGNEE, A REPRESENTATIVE OF
THE OFFICE OF INFORMATION AND TECHNOLOGY
DESIGNATED BY THE SECRETARY OF THE OFFICE OF
POLICY AND MANAGEMENT, ONE member appointed by the
Connecticut Association of Boards of Education,
one member appointed by the Connecticut
Association of Public School Superintendents, one
member who shall be a classroom teacher appointed
by the Connecticut Education Association, one
member who shall be a classroom teacher appointed
by the Connecticut State Federation of Teachers,
one member who shall be an educational media
specialist appointed by the Connecticut
Educational Media Association, ONE MEMBER
APPOINTED BY THE CONNECTICUT EDUCATORS COMPUTER
ASSOCIATION, THREE MEMBERS APPOINTED BY THE
CONNECTICUT BUSINESS FOR EDUCATION COALITION WHO
SHALL HAVE EXPERIENCE OR EXPERTISE IN INFORMATION
TECHNOLOGY, one member appointed by each of the
boards of trustees of the constituent units of the
state system of higher education, one member
appointed by the Connecticut Conference of
Independent Colleges, and seven members with
experience or expertise in educational technology
of whom the governor, the president pro tempore of
the senate, the speaker of the house of
representatives, the majority and minority leaders
of the senate and the majority and minority
leaders of the house of representatives shall each
appoint one.
Sec. 31. The Lyme Academy of Fine Arts,
Incorporated, located in the town of Old Lyme,
shall have the authority to confer such degrees
and grant such diplomas or certificates as are
customary in institutions of higher education, in
accordance with its bylaws and subject to such
requirements as may be prescribed by the board of
governors of higher education, in accordance with
the provisions of section 10a-34 of the general
statutes.
Sec. 32. Section 35 of public act 93-353 is
repealed and the following is substituted in lieu
thereof:
For school building projects approved by the
general assembly after July 1, 1993, if state
reimbursement pursuant to the provisions of
chapter 173 of the general statutes, or any
special act, for the acquisition, purchase or
construction of a [school] building was for one
hundred per cent of the eligible costs of such
acquisition, purchase or construction and such
building ceases to be used for the purpose for
which the grant was provided within twenty years
of the date of approval by the general assembly of
the project, title to the building shall revert to
the state unless the commissioner of education
decides otherwise for good cause.
Sec. 33. Section 10-14n of the general
statutes, as amended by section 38 of public act
93-353, is repealed and the following is
substituted in lieu thereof:
(a) Each student enrolled in the fourth grade
in any public school shall annually take a
state-wide mastery examination. For purposes of
this section, a state-wide mastery examination is
defined as an examination which measures whether
or not a student has mastered essential
grade-level skills in reading, language arts and
mathematics. The mastery examination shall be
provided by and administered under the supervision
of the state board of education.
(b) Each student enrolled in the sixth grade
and each student enrolled in the eighth grade in
any public school shall annually take a state-wide
mastery examination. Such mastery examination
shall be provided by and administered under the
supervision of the state board of education.
[(c) Prior to September 1, 1993, each student
enrolled in any such public school or any endowed
or incorporated high school or academy, who failed
to meet or exceed each state-wide standard for
remedial assistance on each component of the
state-wide eighth grade mastery examination shall
annually take or retake each such component at its
regular administration until such student scores
at or above each such state-wide standard. On and
after September 1, 1993, each student enrolled in
the ninth grade in any such public school or any
endowed or incorporated high school or academy,
who failed to meet or exceed each state-wide
standard for remedial assistance on each component
of the state-wide eighth grade mastery examination
shall take or retake each such component at its
regular administration.
(d)] (c) Annually after September 1, 1993,
each student enrolled in the tenth grade in any
public school or any endowed or incorporated high
school or academy shall take a state-wide mastery
examination. Such mastery examination shall be
provided by and administered under the supervision
of the state board of education. Not later than
January 15, 1991, the state department of
education shall (1) develop an implementation plan
for the administration of such mastery examination
and may include in the plan recommendations for
testing additional skills related to the
requirements for high school graduation pursuant
to section 10-221a, (2) review and make
recommendations concerning the scheduling of
mastery examinations and the reporting of mastery
examination results and (3) report such
implementation plan and recommendations to the
joint standing committee of the general assembly
having cognizance of matters relating to
education.
[(e) On and after September 1, 1993, each
student enrolled in any such public school or any
endowed or incorporated high school or academy,
who failed to meet or exceed the state-wide
standard for remedial assistance on each component
required pursuant to subsection (a) of this
section of the state-wide tenth grade mastery
examination shall annually take or retake each
such component at the regular administration of
such mastery examination until such student scores
at or above each such state-wide standard.
(f) If] (d) ON AND AFTER SEPTEMBER 1, 1994, IF
a student meets or exceeds the state-wide mastery
goal level on each component of the state-wide
tenth grade mastery examination, certification of
such mastery shall be made on the permanent record
and the transcript of each such student. [On and
after September 1, 1993, each] EACH student who
[failed] FAILS to meet the mastery goal level on
each component of said mastery examination may
annually take or retake each such component at its
regular administration until such student scores
at or above each such state-wide mastery goal
level or such student graduates or reaches age
twenty-one.
[(g)] (e) No such public school or any endowed
or incorporated high school or academy may require
achievement of a satisfactory score on the
state-wide mastery examination, or any subsequent
retest on a component of such examination as the
sole criterion of promotion or graduation.
Sec. 34. Subsection (a) of section 10-76i of
the general statutes, as amended by section 1 of
public act 93-91, is repealed and the following is
substituted in lieu thereof:
(a) There shall be an advisory council for
special education which shall advise the general
assembly, state board of education and the
commissioner of education, and which shall engage
in such other activities as are hereinafter set
forth. Said advisory council shall be composed of
twenty-five members as follows: Two appointed by
the commissioner of education, two appointed by
the commissioner of mental retardation and two
appointed by the commissioner of children and
families; two who are members of the joint
standing committee of the general assembly having
cognizance of matters relating to education, one
appointed by the majority leader of the house of
representatives and one appointed by the minority
leader of the house of representatives; three
appointed by the president pro tempore of the
senate, one of whom shall be a member of the
Connecticut Association of Boards of Education,
one of whom shall be a member of the Connecticut
Speech-Language-Hearing Association and one of
whom shall be a person with a disability; two
appointed by the majority leader of the senate one
of whom shall be a member of the Connecticut
Association of Private Nonprofit Child Caring
Agencies, Incorporated and one of whom shall be a
regular education teacher; three appointed by the
minority leader of the senate, one of whom shall
be the parent of a child requiring special
education, one of whom shall be a member of the
Connecticut Association of Private Special
Education Facilities and one of whom shall
represent the public; three appointed by the
speaker of the house of representatives, one of
whom shall be a member of the Connecticut
Association of School Administrators, one of whom
shall be a person with a disability and one of
whom shall represent the public; two appointed by
the majority leader of the house of
representatives one of whom shall be a member of
the Connecticut Association of Urban
Superintendents and one of whom shall be a special
education teacher; four appointed by the minority
leader of the house of representatives, one of
whom shall be the parent of a child requiring
special education, one of whom shall be a member
of the Connecticut Association of Pupil Personnel
Administrators, one of whom shall be a member of
the Connecticut Association of School
Psychologists and one of whom shall represent
towns in which state facilities which provide
special education are located. The terms of the
present members shall expire on June 30, 1992.
Appointments shall be made to the council by July
1, 1992. Members shall serve two-year terms. [No
member shall serve for more than two consecutive
full terms.] Within thirty days from the beginning
of a vacancy, the vacancy shall be filled by the
appointing authority for the unexpired portion of
the term.
Sec. 35. Subsection (e) of section 10-262j of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Upon a determination by the state board of
education that a town or kindergarten to grade
twelve, inclusive, regional school district failed
in any fiscal year to meet its minimum expenditure
requirement pursuant to subsection (a), (c), (d)
or (f), as appropriate, of this section, the town
or kindergarten to grade twelve, inclusive,
regional school district shall forfeit an amount
equal to two times the difference between said
minimum expenditure requirement and the town's or
kindergarten to grade twelve, inclusive, regional
school district's actual regular program
expenditures. The amount so forfeited shall be
withheld by the state department of education from
the grant payable to the town in the second fiscal
year immediately following such failure by
deducting such amount from the town's equalization
aid grant payment pursuant to section 10-262i,
except that in the case of a kindergarten to grade
twelve, inclusive, regional school district, the
amount so forfeited shall be withheld by the state
department of education from the grants payable
pursuant to said section 10-262i to the towns
which are members of such regional school
district. The amounts deducted from such grants to
each member town shall be proportional to the
number of resident students in regular programs in
each member town. Notwithstanding the provisions
of this subsection, the state board of education
may waive such forfeiture upon agreement with the
town or kindergarten to grade twelve, inclusive,
regional school district that the town or
kindergarten to grade twelve, inclusive, regional
school district shall exceed its minimum
expenditure requirement during the fiscal year in
which the forfeiture would occur by an amount not
less than the amount of said forfeiture. ANY
ADDITIONAL FUNDS EXPENDED PURSUANT TO SUCH AN
AGREEMENT SHALL NOT BE INCLUDED IN A DISTRICT'S
EXPENDITURES FOR THE PURPOSE OF ESTABLISHING ANY
FUTURE MINIMUM EXPENDITURE REQUIREMENT.
Sec. 36. Section 10a-92 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The board of trustees of the Connecticut State
University system shall appoint a committee at
each campus to establish traffic and parking
regulations for passenger vehicles on such campus.
Such traffic committee, subject to the approval of
said board and of the state traffic commission,
may prohibit, limit or restrict the parking of
passenger vehicles, determine speed limits,
restrict roads or portions thereof to one-way
traffic and designate the location of crosswalks
on any portion of any road or highway subject to
the care, custody and control of said board of
trustees, order to have erected and maintained
signs designating such prohibitions or
restrictions, and impose a fine upon any person
who fails to comply with any such prohibition or
restriction. VIOLATION OF ANY PROVISION OF THIS
SECTION SHALL BE AN INFRACTION. All fines so
imposed at each state university, less an amount
not to exceed the cost of enforcing traffic and
parking regulations, shall be deposited in the
institutional operating account of such state
university for scholarships and library services
or acquisitions. The board of trustees of the
Connecticut State University system shall
establish at each campus a committee which shall
hear appeals of penalties assessed for parking or
traffic violations. The membership of both the
committee to establish traffic and parking
regulations and the committee to hear traffic
violation appeals shall include student and
faculty representation.
Sec. 37. Section 10-4n of the general
statutes, as amended by section 1 of public act
93-353, is repealed and the following is
substituted in lieu thereof:
(a) There is established, on and after
[January] JULY 1, 1994, a committee on educational
equity and excellence to (1) review and appraise
the state's efforts to ensure equal educational
opportunity and high standards of performance in
the public schools, (2) REVIEW AND RECOMMEND
PURSUANT TO SUBDIVISION (3) OF THIS SUBSECTION THE
REPEAL OF STATE STATUTES AND REGULATIONS WHICH
IMPEDE THE EFFICIENT AND EFFECTIVE DELIVERY OF
PUBLIC EDUCATION IN CONNECTICUT and [to] (3) make
appropriate recommendations to the governor, state
board of education and general assembly. The
committee shall consist of [twenty-seven] THIRTY
members as follows: The commissioner of education,
or his designee; THE CHAIRPERSON OF THE STATE
BOARD OF EDUCATION, the secretary of the office of
policy and management, or his designee; [two]
THREE members appointed by the governor, one of
whom shall represent the executive branch of state
government, ONE OF WHOM SHALL BE THE PARENT OF A
CHILD ENROLLED IN A PUBLIC SCHOOL IN CONNECTICUT
and one of whom shall represent the public; one
member [each] designated by the Connecticut
Association of Boards of Education [,] WHO SHALL
BE A MEMBER OF A BOARD OF EDUCATION; ONE MEMBER
DESIGNATED BY the Connecticut Association of
Public School Superintendents [,] WHO SHALL BE A
SUPERINTENDENT OF SCHOOLS; ONE MEMBER DESIGNATED
BY THE CONNECTICUT ASSOCIATION OF SCHOOLS WHO
SHALL BE EMPLOYED AS A SCHOOL PRINCIPAL; ONE
MEMBER DESIGNATED BY the Connecticut Conference of
Municipalities; [,] THREE MEMBERS DESIGNATED BY
the Connecticut Education Association [,] TWO OF
WHOM SHALL BE EMPLOYED AS TEACHERS AND ONE OF WHOM
SHALL HAVE BEEN RECOGNIZED BY THE CELEBRATION OF
EXCELLENCE PROGRAM CONDUCTED BY THE DEPARTMENT OF
EDUCATION OR AS A STATE OR SCHOOL DISTRICT TEACHER
OF THE YEAR; TWO MEMBERS DESIGNATED BY the
Connecticut State Federation of Teachers [,] ONE
OF WHOM SHALL BE EMPLOYED AS A TEACHER AND ONE OF
WHOM SHALL HAVE BEEN RECOGNIZED BY SUCH
CELEBRATION OF EXCELLENCE PROGRAM OR AS A STATE OR
SCHOOL DISTRICT TEACHER OF THE YEAR; ONE MEMBER
DESIGNATED BY the Connecticut Federation of School
Administrators and FOUR MEMBERS DESIGNATED BY the
Parent Teacher Association of Connecticut WHO
SHALL BE THE PARENTS OF CHILDREN ENROLLED IN
PUBLIC SCHOOLS IN CONNECTICUT; six members
designated by the Connecticut Business for
Education Coalition; and [ten persons who are
members of the general assembly at the time of
their appointment to be appointed as follows: Two
persons appointed by the speaker of the house of
representatives, one person appointed by the
majority leader of the house of representatives,
two persons appointed by the minority leader of
the house of representatives, two persons
appointed by the president pro tempore of the
senate, one person appointed by the majority
leader of the senate and two persons appointed by
the minority leader of the senate] THE
COCHAIRPERSONS AND RANKING MEMBERS OF THE JOINT
STANDING COMMITTEE OF THE GENERAL ASSEMBLY HAVING
COGNIZANCE OF MATTERS RELATING TO EDUCATION. The
[members of the committee shall elect a]
CHAIRPERSON OF THE STATE BOARD OF EDUCATION SHALL
BE THE chairperson OF THE COMMITTEE.
(b) All appointments pursuant to subsection
(a) of this section shall be made by [December 15,
1993] JUNE 15, 1994. All such appointments shall
be for terms of two years. Within thirty days from
the beginning of a vacancy, the vacancy shall be
filled by the appointing authority for the
unexpired portion of the term. Notification of the
appointment of members of the general assembly
shall be made by the appointing authority, in
writing, to the [commissioner of education. The
commissioner of education] CHAIRPERSON OF THE
STATE BOARD OF EDUCATION WHO shall convene the
first meeting of the committee by [January] JULY
15, 1994. Thereafter the committee shall meet at
the call of the chair or at the request of a
majority of the members.
Sec. 38. Section 10a-201 of the general
statutes is repealed and the following is
substituted in lieu thereof:
There is hereby created a nonprofit
corporation which shall be known as the
Connecticut Student Loan Foundation. The purpose
of said corporation shall be to improve
educational opportunity. Improving educational
opportunity shall include, but not be limited to,
the following: (1) Guaranteeing loans to persons
who (A) are attending or plan to attend eligible
institutions in the state; (B) are residents of
the state who are attending or plan to attend
eligible institutions outside of the state; or (C)
receive loans made by an eligible lender; (2)
guaranteeing loans for persons to assist them in
meeting the expenses of postsecondary education;
(3) lending funds OR ACQUIRING LOANS MADE to
persons to assist them in meeting the expenses of
postsecondary education; and (4) providing
appropriate services incident to the
administration of programs which are established
to improve educational opportunities, all in
accordance with the provisions of this chapter.
Said corporation shall be exempt from all
requirements of chapter 600.
Sec. 39. Section 10a-204 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The board of directors shall have the
following powers:
(a) To lend money or guarantee the loan of
money, AND TO ACQUIRE AND SELL LOANS, upon such
terms and conditions as the board may prescribe,
within the limitations contained in this chapter
or in Title IV, Part B of the Higher Education Act
of 1965, to assist persons in meeting the expenses
of education; provided no such person shall
receive any loan or loans in excess of such
amounts as the board may authorize or amounts
which are in conformance with Title IV, Part B of
the Higher Education Act of 1965, as appropriate.
The board may procure a policy or policies of
group life insurance to insure the repayment of
loans made or guaranteed by the corporation in the
event of the death of an individual to whom a loan
is made or guaranteed hereunder. The board may
charge any person receiving a loan under the
provisions of this subsection an amount deemed
reasonable by the board but in no event shall such
amount exceed the amount provided by the
provisions of Title IV, Part B of the Higher
Education Act of 1965, when applicable.
(b) To take, hold and administer, on behalf of
the corporation and for any of its purposes, real
property, personal property and moneys, or any
interest therein, and the income therefrom, either
absolutely or in trust, for any purpose of the
corporation. The board of directors may acquire
property or moneys for such purpose by purchase or
lease and by the acceptance of gifts, grants,
bequests, devises or loans; provided no obligation
of the corporation shall be a debt of the state,
and the corporation shall have no power to make
its debts payable out of any moneys except those
of the corporation, except that, if state
appropriations are not sufficient to pay that
portion of any loans which are to be repaid by the
corporation under the provisions of subsection (c)
of section 10a-206, the state shall guarantee to
make such payments when due.
(c) To enter into contracts with institutions
of higher education, eligible lenders, nonprofit
organizations or other legal entities providing
for THE ORIGINATION, administration, servicing,
COLLECTION and guarantee of loans, [upon such
terms as may be agreed upon between the
corporation, its subsidiary or division and any
such institution or organization] INVESTMENT
AGREEMENTS, AGREEMENTS IN CONNECTION WITH CREDIT
FACILITIES, AGREEMENTS TO MODERATE INTEREST
FLUCTUATIONS AND SUCH OTHER CONTRACTS AND
AGREEMENTS INCLUDING, BUT NOT LIMITED TO, SUCH
CONTRACTS AND AGREEMENTS WITH FINANCIAL
CONSULTANTS, UNDERWRITERS, COUNSEL AND TECHNICAL
SPECIALISTS AND OTHER PROFESSIONALS AS THE BOARD
OF DIRECTORS SHALL DEEM NECESSARY OR DESIRABLE TO
THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF
ITS POWERS UNDER THIS SECTION.
(d) To sue and be sued in the name of the
corporation. Process in any action or proceeding
may be served upon the secretary of the state, as
agent for the corporation, in the manner provided
by subsection (b) of section 33-297.
(e) In the event that the treasurer of the
state of Connecticut certifies that the Internal
Revenue Service has determined that the
corporation is not eligible for tax-exempt status,
to create and operate the affairs of the
corporation through a subsidiary or division, the
dominant purpose of which shall be to carry out
the purposes and provisions of this chapter or of
Title IV, Part B of the Higher Education Act of
1965, where applicable.
(f) To adopt rules and regulations, not
inconsistent with Title IV, Part B of the Higher
Education Act of 1965, where applicable, governing
the qualifications, including financial need, and
application for and the granting, administration
and terms of loans, made or guaranteed by the
corporation, and governing any other matters
relating to the activities of the corporation.
(g) TO ISSUE BONDS, NOTES OR OTHER OBLIGATIONS
OF THE CORPORATION, THE INTEREST ON WHICH SHALL BE
INCLUDABLE IN THE GROSS INCOME OF THE HOLDER OR
HOLDERS THEREOF FOR FEDERAL AND STATE INCOME TAX
PURPOSES, TO FUND AND REFUND THE SAME, TO PROVIDE
FOR THE RIGHTS OF THE HOLDERS THEREOF AND TO
SECURE THE SAME, ALL IN ACCORDANCE WITH SECTION
10a-217.
[(g)] (h) To perform such other acts as may be
necessary or appropriate to carry out effectively
the objects and purposes of the corporation, as
specified in this chapter or in Title IV, Part B
of the Higher Education Act of 1965.
Sec. 40. (NEW) (a) The Connecticut Student
Loan Foundation, a nonprofit corporation is
authorized from time to time to issue its bonds,
notes or other obligations in such principal
amounts as in the opinion of the corporation shall
be necessary to provide sufficient funds for
carrying out the purposes set forth in subsections
(3) and (4) of section 10a-201 with respect to
loans originated pursuant to Title 4 Part B of the
Higher Education Act of 1965, 20 USC 1071 et seq.,
including the payment, funding or refunding of the
principal of, or interest or redemption premiums
on, any bonds, notes or other obligations issued
by it whether the bonds, notes or other
obligations or interest to be funded or refunded
have or have not become due, the establishment of
reserves to secure such bonds, notes or other
obligations and all other expenditures of the
corporation incident to and necessary or
convenient to carry out the purposes set forth in
subsections (3) and (4) of section 10a-201 with
respect to loans originated pursuant to Title 4
Part B of the Higher Education Act of 1965, 20 USC
1071, et seq.
(b) Except as may be otherwise expressly
provided herein or by any resolution adopted by
the corporation authorizing the issuance of bonds,
notes or other obligations every issue of bonds,
notes or other obligations shall be general
obligations of the corporation payable out of any
moneys or revenues of the corporation subject only
to the limitation in the subsection and to any
agreements with the holders of particular bonds,
notes or other obligations pledging any particular
moneys or revenues, or any specific pool of loans
acquired by, the corporation. Any such bonds,
notes or other obligations may be additionally
secured by a pledge of any grant or contributions
from any department, agency or instrumentality of
the United States or person or a pledge of any
moneys, income or revenues of the corporation from
any source whatsoever.
(c) Any provision of any law to the contrary
notwithstanding, any bonds, notes or other
obligations issued by the corporation pursuant to
this section shall be fully negotiable within the
meaning and for all purposes of title 42a, whether
or not the form and character to so qualify under
the terms thereof, subject only to the provisions
of the authorizing resolution. Any such bonds made
securities in which public officers and public
bodies of the state and its political
subdivisions, all insurance companies, credit
unions, savings and loan associations, investment
companies, banking associations, trust companies,
executors, administrators, trustees and other
fiduciaries and pension, profit-sharing and
retirement funds may properly and legally invest
funds, including capital in their control or
belonging to them, and are hereby made securities
which may properly and legally be deposited with
and received by any state or municipal officer or
any agency or political subdivision of the state
for any purpose for which the deposit of bonds or
other obligations of the state is now or may
hereafter be authorized by law.
(d) Bonds, notes or other obligations of the
corporation shall be authorized by resolution of
the corporation and may be issued in one or more
series and shall bear such date or dates, mature
at such time or times, in the case of any such
note, or any renewal thereof, not exceeding five
years from the date of the original issue of such
notes, and, in the case of bonds, not exceeding
thirty years from the date of the original issue
of such bonds bear interest at such rate or rates,
be in such denomination or denominations, be in
such form, either coupon or registered, carry such
conversion or registration privileges, have such
rank or priority, be executed in such manner, be
payable from such sources in such medium of
payment at such place or places within or without
this state, and be subject to such terms of
redemption, with or without premium, as such
resolution or resolutions may provide. Such
resolution may delegate to the president of the
corporation, acting solely or in combination with
any one or more directors, the power to determine
any details of such bonds, notes or other
obligations and to award such bonds, notes or
other obligations to purchasers.
(e) Bonds, notes or other obligations of the
corporation may be sold at public or private sale
at such price or prices as the corporation shall
determine.
(f) Bonds, notes or other obligations of the
corporation may be refunded and renewed from time
to time as may be determined by resolution of the
corporation, provided any such refunding or
renewal shall be in conformity with any rights of
the holders thereof.
(g) Bonds, notes or other obligations of the
corporation issued under the provisions of this
section shall not be deemed to constitute a debt
or liability of the state or of any political
subdivision thereof other than the corporation or
a pledge of the faith and credit of the state or
of any such political subdivision other than the
corporation, and shall not constitute bonds or
notes issued or guaranteed by the state within the
meaning of section 3-21 of the general statutes,
but shall be payable solely from the funds herein
provided therefor. All such bonds, bond notes or
other obligations shall contain on the face
thereof a statement to the effect that neither the
state of Connecticut nor any political subdivision
thereof other than the corporation shall be
obligated to pay the same or the interest thereon
except from revenues or other funds of the
corporation and that neither the faith and credit
nor the taxing power of the state of Connecticut
or of any political subdivision thereof other than
the corporation is pledged to the payment of the
principal of or the interest on such bonds, notes
or other obligations.
(h) Any resolution or resolutions authorizing
the issuance of bonds, notes or other obligations
may contain provisions, except as expressly
limited in this section and except as otherwise
limited by existing agreements with the holders of
bonds, notes or other obligations, which shall be
a part of the contract with the holders thereof,
as to the following: (i) The pledging of all or
any part of the moneys received by the corporation
(A) in payment of loans and interest thereon, (B)
as guarantee or insurance payments with respect to
loans and interest thereon or (C) otherwise with
respect to loans and interest thereon and other
moneys received or to be received, to secure the
payment of the principal of and interest on any
bonds, notes or other obligations or of any issue
thereof; (ii) the pledging of all or any part of
the assets of the corporation including but not
limited to loans and the rights to receive
payments pursuant to and enforce contracts with
respect to loans and interest thereon, to secure
the payment of principal and interest on any
bonds, notes or other obligations or of any issue
thereof; (iii) the use and disposition of the
gross income from, and the payments of principal
received by the corporation on, loans held by the
corporation; (iv) the establishment of reserves or
sinking funds, the making of charges and fees to
provide for the same, and the regulation and
disposition thereof; (v) limitations on the
purpose to which the proceeds of sale of bonds,
notes or other obligations may be applied and
pledging such proceeds to secure the payment of
the bonds, notes or other obligations, or of any
issues thereof; (vi) limitations on the issuance
of additional bonds, notes or other obligations;
the terms upon which additional bonds, notes or
other obligations may be issued and secured; the
refunding or purchase of outstanding bonds, notes
or other obligations of the corporation; (vii) the
procedure, if any, by which the terms of any
contract with the holders of any bonds, notes or
other obligations of the corporation may be
amended or abrogated, the amount of bonds, notes
or other obligations the holders of which must
consent thereto, and the manner in which such
consent may be given; (viii) limitations on the
amount of moneys to be expended by the corporation
for operating, administrative or other expenses of
the corporation; (ix) the vesting in a trustee or
trustees of such property, rights, powers and
duties in trust as the corporation may determine,
which may include any or all of the rights, powers
and duties of any trustee appointed by the holders
of any bonds, notes or other obligations and
limiting or abrogating the right of the holders of
any bonds, notes or other obligations of the
corporation to appoint a trustee under this
chapter or limiting the rights, powers and duties
of such trustee; (x) a trust agreement by and
between the corporation and a corporate trustee
which may be any trust company or bank having the
powers of a trust company within or without the
state, which agreement may provide for the
pledging or assigning of any assets or income from
assets to which or in which the corporation has
any rights or interests, and may further provide
for such other rights and remedies exercisable by
the trustee as may be proper for the protection of
the holders of any bonds, notes or other
obligations of the corporation and not otherwise
in violation of law, which agreement may provide
for the restriction of the rights and remedies of
any individual holder of bonds, notes or other
obligations of the corporation and which agreement
may contain any further provisions which are
reasonable and proper to delineate further the
respective rights, duties, safeguards,
responsibilities and liabilities of the
corporation, of individual and collective holders
of bonds, notes and other obligations of the
corporation and the trustee and may further
provide that all expenses incurred in carrying out
the provisions of such trust agreement may be
treated as a part of the cost of operation of the
corporation; (xi) covenants to do or refrain from
doing such acts and things as may be necessary or
convenient or desirable in order to better secure
any bonds, notes or other obligations of the
corporation, or which, in the discretion of the
corporation, will tend to make any bonds, notes or
other obligations to be issued more marketable
notwithstanding that such covenants, acts or
things may not be enumerated herein; (xii) the
satisfaction of federal requirements and (xiii)
any other matters of like or different character,
which in any way affect the security or protection
of the bonds, notes or other obligations.
(i) Any pledge made by the corporation of
income, revenues or other property shall be valid
and binding from the time the pledge is made. The
income, revenue or other property so pledged and
thereafter received by the corporation shall
immediately be subject to the lien of such pledge
without any physical delivery thereof or further
act, and the lien of any such pledge shall be
valid and binding as against all parties having
claims of any kind in tort, contract or otherwise
against the corporation, irrespective of whether
such parties have notice thereof. Any provision of
law to the contrary notwithstanding, neither
possession nor the filing of any financing or
continuation statement shall be necessary with
respect to any such income, revenues or other
property to establish or evidence the lien of any
such pledge with respect thereto. Neither this
act, nor any resolution authorizing bonds, notes
or other obligations, nor any trust agreement nor
any other instrument by which such a pledge is
created need be recorded.
(j) The corporation is authorized and
empowered to obtain from any department, agency or
instrumentality of the United States any insurance
or guarantee as to, or of or for the payment or
repayment of, interest or principal, or both, or
any part thereof, on any loans, or on any bonds,
notes or other obligations issued by the
corporation pursuant to the provisions of this
section and notwithstanding any other provisions
of this chapter to enter into any agreement,
contract or any other instrument whatsoever with
respect to any such insurance or guarantee or with
respect to the origination, servicing, collection
and administration of loans, except to the extent
that such action would in any way impair or
interfere with the corporation's ability to
perform and fulfill the terms of any agreement
made with the holders of the bonds, notes or other
obligations of the corporation.
(k) Neither the members of the board of
directors of the corporation nor any person
executing bonds, notes or other obligations issued
pursuant to this section shall be liable
personally on such bonds, notes or other
obligations by reason of the issuance thereof. Any
resolution authorizing the issuance of bonds,
notes or other obligations may provide for the
indemnification by the corporation of the members
of the board of directors of the corporation and
of any such person executing such bonds, notes or
other obligations with respect to such bonds,
notes or other obligations and the issuance
thereof.
(l) The corporation shall have power to
purchase bonds, notes or other obligations of the
corporation out of any funds available therefor.
The corporation may hold, cancel or resell such
bonds, notes or other obligations subject to and
in accordance with agreements with holders of its
bonds, notes and other obligations.
(m) All moneys received by the corporation
pursuant to any resolution or trust agreement
authorized by this section, whether as proceeds
from the sale of bonds or as revenues, shall be
deemed to be trust funds to be held and applied
solely as provided in such resolution or trust
agreement. Subject to the provisions of any
resolution authorizing the issuance of bonds,
notes or other obligations, any such moneys may be
invested in the Connecticut short-term investment
fund and in such other investments and investment
agreements as may be approved by resolution of the
corporation. Any officer with whom, or any bank or
trust company with which, such moneys shall be
deposited shall act as trustee of such moneys and
shall hold and apply the same for the purposes
hereof, subject to such regulations as this
chapter and the resolution authorizing the bonds
of any issue or the trust agreement securing such
bonds may provide.
(n) Any holder of bonds, notes or other
obligations issued under the provisions of this
section or any of the coupons appertaining
thereto, and the trustee or trustees under any
trust agreement, except to the extent the rights
herein given may be restricted by any resolution
authorizing the issuance of, or any such trust
agreement securing, such bonds, notes or other
obligations, may, either at law or in equity, by
suit, action, mandamus or other proceedings,
protect and enforce any and all rights under the
laws of the state or granted hereunder or under
such resolution or trust agreement, and may
enforce and compel the performance of all duties
required by this section or by such resolution or
trust agreement to be performed by the corporation
or by any officer, employee or agent of the
corporation, including the appointment of a
receiver to administer any loans.
(o) The corporation is authorized and
empowered, from time to time, to issue bonds,
notes or other obligations the interest on which
shall be includable in the gross income of the
holder or holders of such bonds, notes or other
obligations under the Internal Revenue Code of
1986 or any subsequent corresponding internal
revenue code of the United States, as from time to
time amended, and in the same manner that interest
on bills, bonds, notes or other obligations of the
United States is includable in the gross income of
the holders or holders thereof under said Internal
Revenue Code; the state hereby consents to such
inclusion only for the bonds, notes and other
obligations of the corporation authorized by this
subsection.
(p) In connection with, or incidental to, the
issuance or carrying of bonds, notes or other
obligations, or acquisition or carrying of any
investment or program of investment, the
corporation may enter into any contract with the
financial institution having a rating of at least
AA, or into any contract secured by security so
rated, which the corporation determines to be
necessary or appropriate to place the obligation
or investment of the corporation, as represented
by the bonds, notes or other obligations,
investment or program of investment and the
contract or contracts, in whole or in part, on the
interest rate cash flow or other basis desired by
the corporation.
(q) In connection with, or incidental to, the
issuance or carrying of bonds, notes or other
obligations or entering into any of the contracts
or agreement referred to in subsection (p), the
corporation may enter into credit enhancement or
liquidity agreements, with payment, interest rate,
security, default, remedy and other terms and
conditions as the corporation determines.
(r) The state further covenants with the
purchases and all other subsequent owners and
transferees of bonds, notes or other obligations
issued by the corporation pursuant to this
section, in consideration of the acceptance of and
payment for the bonds, notes or other obligations,
until the bonds, notes or other obligations,
together with the interest thereon, with interest
on any unpaid installment of interest and all
costs and expenses in connection with any action
or proceeding on behalf of the owners, are fully
met and discharged or unless expressly permitted
or otherwise authorized by the terms of each
contract and agreement made or entered into by or
on behalf of the corporation with or for the
benefit of such owners, that the state: (i) Will
not create or cause to be created any lien or
charge on the assets or revenues pledged to secure
such bonds, notes or other obligations, other than
a lien or pledge created thereon pursuant to this
section; (ii) will not in any way impair the
rights, exemptions or remedies of the owners; and
(iii) will not limit, modify, rescind, repeal or
otherwise alter the rights or obligations of the
corporation to take such action as may be
necessary to fulfill the terms of the resolution
authorizing the issuance of the bonds, notes or
other obligations; provided, that nothing herein
shall preclude the state from exercising its
power, through a change in law, to limit, modify,
rescind, repeal or otherwise alter this chapter if
and when adequate provision shall be made by law
for the protection of the holders of outstanding
bonds, notes or other obligations, pursuant to the
resolution under which the bonds, notes or other
obligations are issued. The corporation is
authorized to include this covenant of the state,
as a contract of the state, in any agreement with
the owners of any bonds, notes or other
obligations, in any credit facility or
reimbursement agreement with respect to the bonds,
notes or other obligations and in any agreement
authorized by subsections (p) or (q) of this
section.
(s) The provisions of this section shall be
deemed to provide a complete, additional and
alternative method for the actions and the things
authorized thereby and shall be regarded as
supplemental and additional to powers granted by
other laws; the issuance of bonds, notes or other
obligations under the provisions of this section
need not comply with the requirements of any law
applicable to the issuance of bonds, notes or
other obligations. This section, being necessary
for the welfare of the state and its inhabitants,
shall be liberally construed to effect its
purpose. None of the powers granted to the
corporation under the provisions of this section
shall be subject to the supervision or regulation
or require the approval or consent of any
municipality or political subdivision or any
department, division, commission, board, body,
bureau, official or agency thereof or of the
state, and the exercise thereof shall not cause
the corporation to be construed to be an agency
within the scope of section 54 or a department,
institution or agency of the state.
Sec. 41. Subdivision (2) of subsection (e) of
section 10-76d of the general statutes, as amended
by section 1 of public act 93-91 and section 9 of
public act 93-381, is repealed and the following
is substituted in lieu thereof:
(2) Notwithstanding any other provisions of
the general statutes, for the fiscal year ending
June 30, 1987, and each fiscal year thereafter,
whenever a public agency, other than a local or
regional board of education, the state board of
education or the superior court acting pursuant to
section 10-76h, AS AMENDED, places a child in a
foster home, group home, hospital, state
institution, receiving home, custodial institution
or any other residential or day treatment
facility, and such child requires special
education, the local or regional board of
education under whose jurisdiction the child would
otherwise be attending school or, if no such board
can be identified, the local or regional board of
education of the town where the child is placed,
shall: (A) Provide the requisite identification
and evaluation of such child in accordance with
the provisions of this section; and (B) be
financially responsible, EXCEPT AS PROVIDED IN
THIS SUBDIVISION, for the reasonable costs of
special education instruction, as defined in the
regulations of the state board of education, in an
amount equal to the lesser of one hundred per cent
of the costs of such education or two and one-half
times the average per pupil educational costs of
such board of education for the prior fiscal year,
determined in accordance with the provisions of
subsection (a) of section 10-76f, AS AMENDED BY
SECTIONS 8 AND 21 OF PUBLIC ACT 93-353. The state
board of education shall pay on a current basis,
except as provided in THIS SUBDIVISION AND
subdivision (3) of this subsection, any costs in
excess of the local or regional board's basic
contributions paid by such board of education in
accordance with the provisions of this
subdivision, PROVIDED ANY SCHOOL DISTRICT IN WHICH
(i) THE RATIO OF CHILDREN PLACED IN FOSTER HOMES
BY A PUBLIC AGENCY OTHER THAN A LOCAL OR REGIONAL
BOARD OF EDUCATION, THE STATE BOARD OF EDUCATION
OR THE SUPERIOR COURT ACTING PURSUANT TO SECTION
10-76h, AS AMENDED BY SECTION 1 OF PUBLIC ACT
93-91, SECTION 10 OF PUBLIC ACT 93-353 AND SECTION
2 OF PUBLIC ACT 93-352, FOR WHOM NO SCHOOL
DISTRICT CAN BE IDENTIFIED WHERE SUCH CHILDREN
WOULD OTHERWISE BE ATTENDING SCHOOL TO THE AVERAGE
DAILY MEMBERSHIP OF THE SCHOOL DISTRICT, AS
DEFINED IN SUBDIVISION (2) OF SECTION 10-261,
EXCEEDS ONE-QUARTER OF ONE PER CENT AT ANY TIME
DURING THE SCHOOL YEAR AND (ii) THE TOTAL NUMBER
OF SUCH CHILDREN IN THE SCHOOL DISTRICT EXCEEDS
FIVE AT ANY TIME DURING THE SCHOOL YEAR SHALL BE
PAID BY SEPTEMBER THIRTIETH OF THE FOLLOWING
FISCAL YEAR BY THE AGENCY WHICH PLACED THE
CHILDREN FIFTY PER CENT OF THE ACTUAL COSTS OF
SPECIAL EDUCATION AND RELATED SERVICES PROVIDED TO
SUCH CHILDREN OR THE DIFFERENCE BETWEEN THE
AVERAGE PER PUPIL EDUCATIONAL COSTS OF SUCH SCHOOL
DISTRICT FOR THE PRIOR FISCAL YEAR AS DETERMINED
IN ACCORDANCE WITH THE PROVISIONS OF SAID
SUBSECTION (a) OF SECTION 10-76f AND THE ACTUAL
COSTS OF SPECIAL EDUCATION AND RELATED SERVICES
COSTS FOR SUCH CHILDREN, WHICHEVER IS LESS. The
costs for services other than educational shall be
paid by the state agency which placed the child.
Said state agency shall make available current and
accurate information to the local or regional
board of education of the town where the child is
placed if a local or regional board under whose
jurisdiction the child would otherwise be
attending school is not identified, for purposes
of identifying such a board. The provisions of
this subdivision shall not apply to the school
districts established within the department of
children and families, pursuant to section 17a-37,
AS AMENDED BY PUBLIC ACT 93-91, the department of
correction, pursuant to section 18-99a, or the
department of mental retardation, pursuant to
section 17a-240.
Sec. 42. Notwithstanding the provisions of
section 10-16l of the general statutes, as amended
by section 50 of public act 93-353, in the 1993-94
school year, a local or regional board of
education may establish a firm graduation date for
students in grade twelve which is earlier than the
one hundred eighty-fifth day noted in the school
calendar originally adopted by the board for the
school year.
Sec. 43. (NEW) The provisions of sections
10-76a to 10-76h, inclusive, of the general
statutes, as amended, shall not be construed to
require any local, regional or state board of
education to provide special education programs or
services for any child whose parent or guardian
has chosen to educate such child in a home or
private school in accordance with the provisions
of section 10-184 of the general statutes and who
refuses to consent to such programs or services.
Sec. 44. (NEW) Notwithstanding any provision
of the general statutes or public or special act
granting the commissioner of education the
authority to waive provisions of the general
statutes, the commissioner of education shall not
limit the authority of parents or guardians to
provide for equivalent instruction pursuant to
section 10-184 of the general statutes.
Sec. 45. Subdivision (9) of subsection (e) of
section 2c-2b of the general statutes is repealed.
Sec. 46. This act shall take effect from its
passage except that sections 41, 43 and 44 shall
take effect July 1, 1994.
Approved June 2, 1994