Substitute Senate Bill No. 1200
Substitute Senate Bill No. 1200
SPECIAL ACT NO. 97-4
AN ACT CONCERNING THE HARTFORD PUBLIC SCHOOLS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. It is hereby found and declared
that the Hartford school district is in a state of
crisis and that the continued existence of this
crisis is detrimental to the children of the city
and in conflict with the educational interests of
the state and the resolution of the crisis is a
matter of paramount public interest and that to
achieve this resolution it is necessary,
appropriate and an essential public purpose to
provide in this act for the dissolution of the
Hartford Board of Education for a period of at
least thirty-seven months and for the creation of
a State Board of Trustees for the Hartford Public
Schools to be responsible for the governance,
management and fiscal operations of the Hartford
school district, all in order to increase student
achievement, enhance the quality, adequacy and
equality of educational opportunities, and
allocate and manage resources efficiently and
effectively.
Sec. 2. The Hartford Board of Education in
existence on the effective date of this act shall
dissolve on June 1, 1997. The State Board of
Trustees for the Hartford Public Schools,
established pursuant to section 3 of this act,
shall be solely responsible for the management of
the Hartford school district, as provided in this
act, during the period from June 1, 1997, through
June 30, 2000, except that the State Board of
Trustees for the Hartford Public Schools, on or
before January 1, 2000, may request the State
Board of Education to extend the period until June
30, 2002. Such request shall be based on such
factors as the need for additional time to improve
student achievement and sufficiently address the
Hartford Improvement Plan described in subdivision
(3) of subsection (a) of section 4 of this act and
the findings and recommendations of the fiscal and
operations audit conducted pursuant to subsection
(b) of section 6 of this act. The State Board of
Education shall act on such a request by February
1, 2000. If the State Board of Education grants
such an extension, the State Board of Trustees for
the Hartford Public Schools shall continue to
manage the Hartford school district through June
30, 2002. In January, 2000 or, if an extension is
granted pursuant to this subsection, in January,
2002, the Governor shall issue a writ of election
directed to the municipal clerk of the city of
Hartford ordering an election to be held in
Hartford on a date in March specified in the writ
for members of a new local board of education.
Such members shall take office on July 1, 2000, or
July 1, 2002, as appropriate. The terms of office
of such members shall be in accordance with the
charter of the city of Hartford except that the
terms of six members shall expire on the Monday
immediately preceding the first Tuesday in
December in 2001 or 2003, as appropriate, and the
terms of three members shall expire on the Monday
immediately preceding the first Tuesday in
December in 2003 or 2005, as appropriate. During
the period from the election of such members until
June 30, 2000, or June 30, 2002, as appropriate,
the State Board of Trustees for the Hartford
Public Schools shall hold joint meetings with the
new Hartford Board of Education to provide for the
transition in the management of the Hartford
school district from the State Board of Trustees
of the Hartford Public Schools to the new Hartford
Board of Education. The state monitors appointed
pursuant to section 8 of this act shall continue
their duties under the newly elected board of
education for one year.
Sec. 3. There is established a State Board of
Trustees for the Hartford Public Schools
consisting of (1) up to seven members appointed
jointly by the Governor, the speaker of the House
of Representatives, the majority leader of the
House of Representatives, the minority leader of
the House of Representatives, the president pro
tempore of the Senate, the majority leader of the
Senate and the minority leader of the Senate, and
(2) the Mayor of the city of Hartford who shall be
an ex-officio nonvoting member. The appointed
members shall: (A) Include representatives of
racial and ethnic minorities; (B) include members
who have expertise in the field of education; (C)
include a member who has expertise in financial
matters; and (D) not be a relative, as defined in
subdivision (11) of section 52-552b of the general
statutes, of any person employed by the Hartford
school district or the city of Hartford. The
chairperson of the State Board of Trustees shall
be designated by the Governor. All appointments
shall be made no later than twenty days after the
effective date of this act. A majority of the
voting members of the State Board of Trustees
shall constitute a quorum for the conduct of
business. The State Board of Trustees shall act by
a majority vote of the appointed members. The
State Board of Trustees shall maintain a record of
its proceedings in such form as it determines,
provided such record indicates attendance and all
votes cast by each appointed member.
Sec. 4. (a) The State Board of Trustees for
the Hartford Public Schools shall be the board of
education, as such term is used in chapter 170 of
the general statutes, for the Hartford school
district with the duties, rights and
responsibilities of such board of education as
established in any provision of law, except as
provided in this act. All contracts and
agreements, including collective bargaining
agreements, made in the name of the Hartford Board
of Education shall be assigned to the State Board
of Trustees for the Hartford Public Schools which
shall be deemed the successor party in interest
and deemed to be in privity of contract for all
lawful purposes. The State Board of Trustees for
the Hartford Public Schools: (1) Shall be
responsible for all aspects of school district
governance and management and the State Board of
Trustees may delegate, in consultation with the
Commissioner of Education, any of such
responsibilities pursuant to chapter 170 of the
general statutes to the superintendent of schools;
(2) subject to the provisions of section 6 of this
act, shall develop the budget for the school
district; (3) shall continue to implement the
Hartford Improvement Plan developed by the
Commissioner of Education and adopted by the
Hartford Board of Education in 1996; (4) may
request the Commissioner of Education to waive any
provision of the general statutes or regulation
under the jurisdiction of the State Board of
Education that may be waived pursuant to section
10-266x of the general statutes and that the State
Board of Trustees for the Hartford Public Schools
determines may assist in improving the school
district, and the commissioner, at his discretion,
may waive any such provision; and (5) shall
provide a mechanism for parent, teacher and
community involvement in the schools.
(b) The State Board of Trustees for the
Hartford Public Schools and the Superintendent of
Schools shall jointly appoint a seven-member
advisory council composed of parents, classroom
teachers, school principals and representatives
from institutions of higher education. The council
shall advise the State Board of Trustees and the
superintendent on such matters as curriculum,
student achievement, parental and community
involvement, and school safety and discipline. The
advisory council shall terminate on the date the
State Board of Trustees transfers responsibility
for the Hartford school district to the newly
elected Hartford Board of Education.
(c) The State Board of Trustees for the
Hartford Public Schools shall ensure that all
elementary and middle schools in Hartford join the
New England Association of Schools and Colleges
through the association's accreditation process.
(d) The city of Hartford shall remain
financially responsible for any liabilities or
obligations, including contingent liabilities and
obligations, incurred by the city council or the
Hartford Board of Education prior to June 1, 1997.
Sec. 5. (a) If the State Board of Trustees
for the Hartford Public Schools makes a request to
the exclusive representative of a bargaining unit
to reopen the negotiation process and presents a
proposed revision to a contract, such exclusive
representative shall have five days to respond to
such request and, if the exclusive representative
fails to so respond, it shall be deemed to have
denied such request. (1) If the exclusive
representative denies such request, the State
Board of Labor Relations, through its agent, shall
convene, no later than ten days from the date of
such denial, a meeting of the membership of the
bargaining unit. At such meeting the State Board
of Trustees for the Hartford Public Schools shall
present its proposed revision. A vote of such
membership shall be held on such proposed revision
no later than five days after the date of the
meeting. The agent of the State Board of Labor
Relations shall schedule such vote and shall post
a notice of the appropriate date, time and
location. (2) If the exclusive representative
agrees to negotiate with the State Board of
Trustees for the Hartford Public Schools on the
proposed revision, the parties shall have fourteen
days to so negotiate, provided such period may be
extended an additional fourteen days by mutual
agreement of the parties. (A) If the parties reach
an agreement, the agreement shall be subject to
the ratification procedure established by the
bargaining unit. (B) If the parties fail to agree,
the last best offer of the State Board of Trustees
for the Hartford Public Schools on such proposed
revision shall be submitted to the membership of
the bargaining unit for a vote to be held no later
than five days from the date negotiations ceased
pursuant to this subdivision. The exclusive
representative shall schedule such vote. (3) The
vote pursuant to subdivisions (1) and (2) of this
subsection shall constitute final action on the
proposed revision. An affirmative vote by a
majority of the membership of the bargaining unit
shall constitute approval of the subject matter of
such vote. The requirements of this subsection
shall not be considered a prohibited practice
under subsection (a) of section 7-470 of the
general statutes or subsection (b) of section
10-153e of the general statutes.
(b) Notwithstanding the provisions of
sections 7-473c, 7-474 and 10-153f of the general
statutes, if the State Board of Trustees for the
Hartford Public Schools and the exclusive
representative of a bargaining unit enter binding
arbitration, such arbitration shall be conducted
in accordance with this section by a panel of
three arbitrators. (1) The arbitrators shall be
chosen in accordance with section 7-473c of the
general statutes or section 10-153f of the general
statutes, whichever is appropriate. (2) There
shall be no presumption in favor of (A) retaining
contract provisions agreed to by the Hartford
Board of Education and the exclusive
representative in prior negotiations or awarded by
arbitrators in prior arbitration proceedings, or
(B) continuing past employment practices of the
Hartford Board of Education. (3) The arbitrators
shall give the highest priority to the educational
interests of the state pursuant to section 10-4a
of the general statutes, as amended by section 12
of this act, as such interests relate to the
children of Hartford in arriving at a decision and
shall consider other factors pursuant to
subdivision (2) of subsection (d) of section
7-473c of the general statutes or subdivision (4)
of subsection (c) of section 10-153f of the
general statutes, whichever is appropriate, in
light of such educational interests. (4) The
arbitrators shall not be limited to the last best
offers of the parties on the issues in dispute.
(5) The decision of the arbitrators shall not be
subject to rejection by the Hartford City Council.
Sec. 6. (a) Notwithstanding any provision of
the general statutes or any public or special act,
the Hartford City Council shall allocate funds to
the State Board of Trustees for the Hartford
Public Schools and provide in-kind services to
said State Board of Trustees in accordance with
this subsection. (1) For the fiscal year ending
June 30, 1998, and each subsequent fiscal year
that the Hartford school district is under the
management of the State Board of Trustees for the
Hartford Public Schools, the Hartford City Council
shall: (A) Allocate to the State Board of Trustees
all state and federal aid, except amounts received
pursuant to chapter 173 of the general statutes,
tuition revenues and revenues from private sources
received by the city of Hartford for educational
purposes in said fiscal years, and (B) provide to
said State Board of Trustees at least the same
type and amount of in-kind services as were
provided to the Hartford Board of Education for
the fiscal year ending June 30, 1997. (2) For the
fiscal years ending June 30, 1998, and June 30,
1999, the Hartford City Council shall allocate to
the State Board of Trustees for the Hartford
Public Schools the amount of local funds it
allocated to the Hartford Board of Education for
educational purposes in the fiscal year ending
June 30, 1997, plus any additional amount needed
to satisfy the requirements of section 10-262j of
the general statutes. Such allocation for the
fiscal year ending June 30, 1998, shall be based
on estimates approved by the Commissioner of
Education, provided an adjustment based on final
audited revenues and expenditures for the fiscal
year ending June 30, 1997, shall be made by the
Hartford City Council no later than March 1, 1998.
(3) The State Board of Trustees for the Hartford
Public Schools shall determine the amount of local
funds needed to meet the needs of the school
district for the fiscal year ending June 30, 2000,
and any subsequent fiscal year the Hartford school
district is under its management and shall provide
such information to the Commissioner of Education
and the State Board of Education for purposes of
the report required under section 9 of this act.
The Hartford City Manager shall be responsible for
the prompt disposition of all purchasing requests
made by the Superintendent of Schools. For
purposes of this subsection, "local funds" means
the funds allocated by the Hartford City Council
in excess of the funds described in subparagraph
(A) of subdivision (1) of this subsection.
(b) The State Board of Trustees, in
consultation with the Commissioner of Education,
shall contract for a fiscal and operations audit
of the Hartford school district by a certified
public accounting firm. The audit shall be paid
for by the city and the contract shall require a
report by January 1, 1998. The State Board of
Trustees shall develop a plan to address the
findings of the audit and to implement the
recommendations in the report.
Sec. 7. The State Board of Trustees for the
Hartford Public Schools, in consultation with the
Commissioner of Education, shall develop a
long-term school building program pursuant to
section 10-220 of the general statutes for the
Hartford school district. The State Board of
Trustees and the Hartford City Council shall
expeditiously implement the program.
Sec. 8. (a) The Commissioner of Education
shall appoint, within available appropriations,
two state monitors for the Hartford school
district. The state monitors shall report directly
to the Commissioner of Education. The monitors
shall consult with and assist the State Board of
Trustees for the Hartford Public Schools and the
Superintendent of Schools in assessing the
progress and the needs of the school district and
securing outside assistance from corporations and
universities for meeting such needs.
(b) The state monitors, the Superintendent of
Schools and the Commissioner of Education shall
meet regularly to review the progress and needs of
the school district.
(c) The state monitors shall prepare a
monthly written report to the Commissioner of
Education and the State Board of Education on the
progress and needs of the Hartford school
district. The report shall include information on
any additional assistance required by the school
district. The state monitors shall submit copies
of the report to the State Board of Trustees for
the Hartford Public Schools and the Superintendent
of Schools.
Sec. 9. On or before October 1, 1997, the
Commissioner of Education and the State Board of
Education shall report to the Governor, and the
joint standing committee of the General Assembly
having cognizance of matters relating to education
on the operation of the Hartford school district
and progress made under the management of the
State Board of Trustees for the Hartford Public
Schools. Such a report shall be made on a
quarterly basis until the management of the
Hartford school district is returned to the
control of the Hartford Board of Education
pursuant to section 2 of this act. The report
submitted pursuant to this section in January,
1999, shall contain a recommendation on the amount
of local funds necessary for the operation of the
Hartford school district for the subsequent years
that the school district is under the management
of the State Board of Trustees for the Hartford
Public Schools.
Sec. 10. Notwithstanding the provisions of
section 10-283 of the general statutes or any
regulation adopted pursuant to said section, the
project for renovation at Hartford Public High
School in Hartford is included in section 1 of
House Bill 6707 of the current session and shall
be eligible to be subsequently considered for a
grant commitment from the state, provided the
school district files an application for such
school building project prior to July 31, 1997,
and meets all other provisions of chapter 173 of
the general statutes and any regulation adopted by
the State Board of Education pursuant to said
chapter.
Sec. 11. Notwithstanding the provisions of
section 10-292 of the general statutes or any
regulation adopted by the State Board of Education
requiring that a bid not be let out until plans
and specifications have been approved by the
Department of Education's school facilities unit,
the City of Hartford may let out for bid on and
commence a project for renovation at Hartford
Public High School and shall be eligible to
subsequently be considered for a grant commitment
from the state, provided plans and specifications
have been approved by the Department of
Education's school facilities unit.
Sec. 12. Notwithstanding any provision of
chapter 173 of the general statutes, special act,
regulation adopted pursuant to said chapter or the
charter of the City of Hartford, the Hartford City
Council may approve and authorize local funding
for the renovation project for Hartford Public
High School.
Sec. 13. This act shall take effect from its
passage, except that section 10 shall take effect
July 1, 1997.
APPROVED April 18, 1997