Substitute House Bill No. 5118
Substitute House Bill No. 5118
PUBLIC ACT NO. 98-252
AN ACT CONCERNING REVISIONS TO THE EDUCATION
STATUTES AND THE REGISTRATION OF INTERPRETERS FOR
THE DEAF AND HEARING IMPAIRED.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 2 of public act 97-224 is
repealed and the following is substituted in lieu
thereof:
(a) There is established the Connecticut
Higher Education Trust to promote and enhance the
affordability and accessibility of higher
education for residents of the state. The trust
shall constitute an instrumentality of the state
and shall perform essential governmental
functions, as provided in sections 1 to 10,
inclusive, of [this act] PUBLIC ACT 97-224. The
trust shall receive and hold all payments and
deposits or contributions intended for the trust,
as well as gifts, bequests, endowments or federal,
state or local grants and any other FUNDS FROM ANY
public or private source [of funds] and all
earnings until disbursed in accordance with
sections 1 to 10, inclusive, of [this act] PUBLIC
ACT 97-224.
(b) The amounts on deposit in the trust shall
not constitute property of the state and the trust
shall not be construed to be a department,
institution or agency of the state. Amounts on
deposit in the trust shall not be commingled with
state funds and the state shall have no claim to
or against, or interest in, such funds. Any
contract entered into by or any obligation of the
trust shall not constitute a debt or obligation of
the state and the state shall have no obligation
to any designated beneficiary or any other person
on account of the trust and all amounts obligated
to be paid from the trust shall be limited to
amounts available for such obligation on deposit
in the trust. The amounts on deposit in the trust
may only be disbursed in accordance with the
provisions of sections 1 to 10, inclusive, of
[this act] PUBLIC ACT 97-224. The trust shall
continue in existence as long as it holds any
deposits or has any obligations and until its
existence is terminated by law and upon
termination any unclaimed assets shall return to
the state. Property of the trust shall be governed
by section 3-61a.
(c) The Treasurer shall be responsible for the
receipt, maintenance, administration, investing
and disbursements of amounts from the trust. The
trust shall not receive deposits in any form other
than cash. No depositor or designated beneficiary
may direct the investment of any contributions or
amounts held in the trust other than IN the
specific fund options provided for by the trust.
Sec. 2. Subsection (b) of section 8-210 of the
general statutes, as amended by section 20 of
public act 97-259, is repealed and the following
is substituted in lieu thereof:
(b) The state, acting by and in the discretion
of the Commissioner of Social Services, may enter
into a contract with a municipality, a human
resource development agency or a nonprofit
corporation for state financial assistance in
developing and operating child day care centers
for children disadvantaged by reasons of economic,
social or environmental conditions, provided no
such financial assistance shall be available for
the operating costs of any such day care center
unless it has been licensed by the Commissioner of
Public Health pursuant to section 19a-80, AS
AMENDED. Such financial assistance shall be
available for a program of a municipality, of a
human resource development agency or OF a
nonprofit corporation which may provide for
personnel, equipment, supplies, activities,
program materials and renovation and remodeling of
physical facilities of such day care centers. Such
contract shall provide for state financial
assistance, within available appropriations, in
the form of a state grant-in-aid (1) for a portion
of the cost of such program as determined by the
Commissioner of Social Services, if not federally
assisted, or (2) equal to one-half of the amount
by which the net cost of such program as approved
by the commissioner exceeds the federal
grant-in-aid thereof. The Commissioner of Social
Services may authorize child day care centers
provided financial assistance pursuant to this
subsection to apply a program surplus to the next
program year. The commissioner shall consult with
directors of child day care centers in
establishing fees for the operation of such
centers.
Sec. 3. Subsection (e) of section 8-210 of the
general statutes, as amended by section 20 of
public act 97-259, is repealed and the following
is substituted in lieu thereof:
(e) Any municipality, human resource
development agency or [a] nonprofit corporation
which enters into a contract pursuant to this
section for state financial assistance for a day
care facility shall have sole responsibility for
the development of the budget of the day care
program, including, but not limited to, personnel
costs, purchases of equipment, supplies,
activities and program materials, within the
resources provided by the state under said
contract. Upon local determination of a change in
the type of day care service required in the area,
a municipality, human resource development agency
or [a] nonprofit corporation may, within the
limits of its annual budget and subject to the
provisions of this subsection and sections 19a-77
to 19a-80, inclusive, AS AMENDED, and 19a-82 to
19a-87a, inclusive, AS AMENDED, change its day
care service. An application to change the type of
child day care service provided shall be submitted
to the Commissioner of Social Services. Within
forty-five days of his receipt of the application,
the commissioner shall advise the municipality,
human resource development agency or [a] nonprofit
corporation of his approval, denial or approval
with modifications of the application. If the
commissioner fails to act on the application
within forty-five days of its submittal, the
application shall be deemed approved.
Sec. 4. Section 7 of number 540 of the special
acts of 1949 is amended to read as follows:
Said college shall have power, in accordance
with its by-laws, and subject to such requirements
and standards as may be prescribed for
institutions of higher learning by the state board
of education, to confer [such degrees and grant
such diplomas as are customary in two-year
collegiate institutions] ASSOCIATE AND
BACCALAUREATE DEGREES.
Sec. 5. Subsection (a) of section 10-4h of the
general statutes is repealed and the following is
substituted in lieu thereof:
(a) The state Department of Education, in
consultation with the committee established
pursuant to section 10-4e, AS AMENDED, shall
establish a competitive grant program, within the
limit of the bond authorization for purposes of
this section, to assist (1) local and regional
school districts, (2) regional educational service
centers, [and] (3) cooperative arrangements among
one or more boards of education, AND (4) ENDOWED
ACADEMIES APPROVED PURSUANT TO SECTION 10-34 THAT
ARE ELIGIBLE FOR SCHOOL BUILDING PROJECT GRANTS
PURSUANT TO CHAPTER 173, to upgrade or install
wiring, INCLUDING ELECTRICAL WIRING, cable or
other distribution systems and infrastructure
improvements to support telecommunications and
other information transmission equipment to be
used for educational purposes.
Sec. 6. Subsection (d) of section 10-66bb of
the general statutes, as amended by section 7 of
public act 97-290, is repealed and the following
is substituted in lieu thereof:
(d) Applications pursuant to this section
shall include a description of: (1) The mission,
purpose and any specialized focus of the proposed
charter school; (2) the interest in the community
for the establishment of the charter school; (3)
the school governance and procedures for the
establishment of a governing council by the
applicant, teachers, administrators and parents
and guardians of students enrolled in the school;
(4) the financial plan for operation of the
school, provided no application fees or other fees
for attendance, except as provided in section
10-66ee, AS AMENDED, may be charged; (5) the
educational program, instructional methodology and
services to be offered to students; (6) the number
and qualifications of teachers and administrators
to be employed in the school; (7) the organization
of the school in terms of the ages or grades to be
taught and the total estimated enrolment of the
school; (8) the student admission criteria and
procedures to (A) ensure effective public
information, (B) ensure open access on a space
available basis, (C) promote a diverse student
body, and (D) ENSURE that the school complies with
the provisions of section 10-15c, AS AMENDED, and
that it does not discriminate on the basis of
disability, athletic performance or proficiency in
the English language, provided the school may
limit enrolment to a particular grade level or
specialized educational focus and, if there is not
space available for all students seeking
enrolment, the school may give preference to
siblings but shall otherwise determine enrolment
by a lottery; (9) a means to assess student
performance that includes participation in
state-wide mastery examinations pursuant to
chapter 163c; (10) procedures for teacher
evaluation and professional development for
teachers and administrators; (11) the provision of
school facilities, pupil transportation and
student health and welfare services; (12)
procedures to encourage involvement by parents and
guardians of enrolled students in student
learning, school activities and school
decision-making; (13) document efforts to increase
the racial and ethnic diversity of staff; and (14)
a five-year plan to sustain the maintenance and
operation of the school. Subject to the provisions
of subsection (b) of section 10-66dd, AS AMENDED,
an application may include, or a charter school
may file, requests to waive provisions of the
general statutes and regulations not required by
sections 10-66aa to 10-66ff, inclusive, AS
AMENDED, and which are within the jurisdiction of
the State Board of Education.
Sec. 7. Subsection (b) of section 10-74d of
the general statutes, as amended by section 12 of
public act 97-290, is repealed and the following
is substituted in lieu thereof:
(b) To be eligible for a grant under this
section, each application shall be submitted
pursuant to a cooperative arrangement on behalf of
two or more local or regional boards of education
or be submitted by a regional educational service
center solely or pursuant to a cooperative
arrangement with one or more local or regional
boards of education. Applications shall be
submitted annually to the Commissioner of
Education at such times and in such manner as the
commissioner prescribes. In determining whether an
application shall be approved and funds awarded
pursuant to this section, the commissioner shall
consider, but such consideration shall not be
limited to, the following factors: (1) The
specific objectives and description of the
proposed program; (2) the cost; (3) the number of
school districts and students that will benefit,
provided on and after July 1, 1998, the
commissioner shall not award a grant for a program
in which more than eighty per cent of the students
are from one school district; (4) the relative
wealth of the participating school districts; AND
(5) whether the proposed program is likely to (A)
increase student [performance as measured by
state-wide mastery examination results]
ACHIEVEMENT, and (B) reduce racial, ethnic and
economic isolation. [; and (6) whether
participating school districts are located within
regions described in section 10-264k which
approved regional plans in accordance with section
10-264c.]
Sec. 8. Subdivision (5) of subsection (e) of
section 10-76d of the general statutes is repealed
and the following is substituted in lieu thereof:
(5) Application for the grant to be paid by
the state for costs in excess of the local or
regional board of education's basic contribution
shall be made by such board of education by filing
with the State Board of Education, in such manner
as prescribed by the Commissioner of Education, [:
(A) Annually] ANNUALLY on or before [October first
an estimate] DECEMBER FIRST A STATEMENT of the
cost of providing special education, as defined in
subdivision (2) of this subsection, for a child of
the board placed by a state agency in accordance
with the provisions of said subdivision or, where
appropriate, [an estimate] A STATEMENT of the cost
of providing educational services other than
special educational services pursuant to the
provisions of subsection (b) of section 10-253,
[and (B) annually on or before April first of such
fiscal year a revised estimate of such costs]
PROVIDED A BOARD OF EDUCATION MAY SUBMIT, NOT
LATER THAN FEBRUARY FIRST, CLAIMS FOR ADDITIONAL
CHILDREN OR COSTS NOT INCLUDED IN THE DECEMBER
FILING. Payment by the state for such excess costs
shall be made to the local or regional board of
education as follows: [One-half of the estimated
cost in December and the adjusted estimated
balance in June] SEVENTY-FIVE PER CENT OF THE COST
IN FEBRUARY AND THE BALANCE IN APRIL. The amount
due each town pursuant to the provisions of this
subsection and the amount due to each town as
tuition from other towns pursuant to this section
shall be paid to the treasurer of each town
entitled to such aid, provided the treasurer shall
treat such grant or tuition received, or a portion
of such grant or tuition, which relates to special
education expenditures incurred pursuant to
subdivisions (2) and (3) of this subsection in
excess of such board's budgeted estimate of such
expenditures, as a reduction in expenditures by
crediting such expenditure account, rather than
town revenue. The state shall notify the local or
regional board of education when payments are made
to the treasurer of the town pursuant to this
subdivision.
Sec. 9. Section 10-76g of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) (1) For the fiscal year ending June 30,
1984, and each fiscal year thereafter, in any case
in which special education is being provided at a
private residential institution, including the
residential components of regional educational
service centers, to a child for whom no local or
regional board of education can be found
responsible under subsection (b) of section
10-76d, the Department of Children and Families
shall pay the costs of special education to such
institution pursuant to its authority under
sections 17a-1 to 17a-26, inclusive, AS AMENDED,
17a-28 to 17a-50, inclusive, AS AMENDED, and
17a-52. (2) For the fiscal year ending June 30,
1993, and each fiscal year thereafter, any local
or regional board of education which provides
special education and related services for any
child (A) who is placed by a state agency in a
private residential facility or who is placed in a
facility or institution operated by the Department
of Children and Families and who receives such
special education at a program operated by a
regional education service center or program
operated by a local or regional board of
education, and (B) for whom no local or regional
board of education can be found responsible under
subsection (b) of section 10-76d, shall be
eligible to receive one hundred per cent of the
reasonable costs of special education for such
child as defined in the regulations of the State
Board of Education. Any such board eligible for
payment shall file with the state Department of
Education, in such manner as prescribed by the
Commissioner of Education, [: (i) Annually]
ANNUALLY, on or before [October first, an
estimate] DECEMBER FIRST A STATEMENT of the cost
of providing special education for such child,
[and (ii) annually, on or before April first of
such fiscal year, a revised estimate of such
costs] PROVIDED A BOARD OF EDUCATION MAY SUBMIT,
NOT LATER THAN FEBRUARY FIRST, CLAIMS FOR
ADDITIONAL CHILDREN OR COSTS NOT INCLUDED IN THE
DECEMBER FILING. Payment by the state for such
costs shall be made to the local or regional board
of education as follows: [One-half of the
estimated cost in December and the adjusted
balance in June] SEVENTY-FIVE PER CENT OF THE COST
IN FEBRUARY AND THE BALANCE IN APRIL.
(b) Any local or regional board of education
which provides special education pursuant to the
provisions of sections 10-76a to 10-76g,
inclusive, for any exceptional child described in
subparagraph (A) of subdivision (5) of section
10-76a, under its jurisdiction, excluding (1)
children placed by a state agency for whom a board
of education receives payment pursuant to the
provisions of [subparagraph (B) of subdivision
(5)] SUBDIVISION (2) OF SUBSECTION (e) of section
10-76d, and (2) children who require special
education, who reside on state-owned or leased
property or in permanent family residences, as
defined in section 17a-154, and who are not the
educational responsibility of the unified school
districts established pursuant to sections 17a-37,
17a-240 and 18-99a, shall be financially
responsible for the reasonable costs of special
education instruction, as defined in the
regulations of the State Board of Education, in an
amount equal to five 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. The State Board of Education shall pay on
a current basis any costs in excess of the local
or regional boards' basic contribution paid by
such board in accordance with the provisions of
this subsection. Any amounts paid by the State
Board of Education on a current basis pursuant to
this subsection shall not be reimbursable in the
subsequent year. Application for such grant shall
be made by filing with the Department of
Education, in such manner as prescribed by the
commissioner, [(A)] annually on or before [October
first an estimate] DECEMBER FIRST A STATEMENT of
the cost of providing special education pursuant
to this subsection, [and (B) annually on or before
April first of such fiscal year, a revised
estimate of such costs] PROVIDED A BOARD OF
EDUCATION MAY SUBMIT, NOT LATER THAN FEBRUARY
FIRST, CLAIMS FOR ADDITIONAL CHILDREN OR COSTS NOT
INCLUDED IN THE DECEMBER FILING. Payment by the
state for such excess costs shall be made to the
local or regional board of education as follows:
[One-half] SEVENTY-FIVE PER CENT of the [estimated
cost in December and the adjusted balance in June]
COST IN FEBRUARY AND THE BALANCE IN APRIL. The
amount due each town pursuant to the provisions of
this subsection shall be paid to the treasurer of
each town entitled to such aid, provided the
treasurer shall treat such grant, or a portion of
the grant, which relates to special education
expenditures incurred in excess of such town's
board of education budgeted estimate of such
expenditures, as a reduction in expenditures by
crediting such expenditure account, rather than
town revenue.
(c) Commencing with the fiscal year ending
June 30, 1996, and for each fiscal year
thereafter, within available appropriations, each
town whose ratio of (1) net costs of special
education, as defined in subsection (h) of section
10-76f, for the fiscal year prior to the year in
which the grant is to be paid to (2) the product
of its total need students, as defined in section
10-262f, AS AMENDED, and the average regular
program expenditures, as defined in section
10-262f, AS AMENDED, per need student for all
towns for such year exceeds the state-wide average
for all such ratios shall be eligible to receive a
supplemental special education grant. Such grant
shall be equal to the product of a town's eligible
excess costs and the town's base aid ratio, as
defined in section 10-262f, AS AMENDED, provided
each town's grant shall be adjusted
proportionately if necessary to stay within the
appropriation. Payment pursuant to this subsection
shall be made in June. For purposes of this
subsection, a town's eligible excess costs are the
difference between its net costs of special
education and the amount the town would have
expended if it spent at the state-wide average
rate.
Sec. 10. Section 10-95 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The State Board of Education may establish
and maintain a state-wide system of regional
vocational-technical schools offering full-time,
part-time and evening programs in vocational,
technical and technological education and
training. The board may make regulations
controlling the admission of students to any such
school. The Commissioner of Education, in
accordance with policies established by the board,
may appoint and remove members of the staffs of
such schools and make rules for the management of
and expend the funds provided for the support of
such schools. The board may enter into cooperative
arrangements with local and regional boards of
education, private occupational schools,
institutions of higher education, job training
agencies and employers in order to provide general
education, vocational, technical or technological
education or work experience.
(b) IF THE NEW ENGLAND ASSOCIATION OF SCHOOLS
AND COLLEGES PLACES A REGIONAL
VOCATIONAL-TECHNICAL SCHOOL ON PROBATION OR
OTHERWISE NOTIFIES THE SUPERINTENDENT OF THE
VOCATIONAL-TECHNICAL SCHOOL SYSTEM THAT A REGIONAL
VOCATIONAL-TECHNICAL SCHOOL IS AT RISK OF LOSING
ITS ACCREDITATION, THE COMMISSIONER OF EDUCATION
SHALL NOTIFY THE JOINT STANDING COMMITTEE OF THE
GENERAL ASSEMBLY HAVING COGNIZANCE OF MATTERS
RELATING TO EDUCATION OF SUCH PLACEMENT OR
PROBLEMS RELATING TO ACCREDITATION.
Sec. 11. Subdivision (1) of subsection (c) of
section 10-153f of the general statutes, as
amended by section 1 of public act 97-177, is
repealed and the following is substituted in lieu
thereof:
(c) (1) On the fourth day next following the
end of the mediation session or on the one hundred
thirty-fifth day prior to the budget submission
date, whichever is sooner, the commissioner shall
order the parties to report their settlement of
the dispute or, if there is no settlement, to
notify the commissioner of either their agreement
to submit their dispute to a single arbitrator or
the name of the arbitrator selected by each of
them. [Such notification shall include] WITHIN
FIVE DAYS OF PROVIDING SUCH NOTICE, THE PARTIES
SHALL NOTIFY THE COMMISSIONER OF the name of the
arbitrator if there is an agreement on a single
arbitrator appointed to the panel pursuant to
subdivision (3) of subsection (a) of this section
or agreement on the third arbitrator appointed to
the panel pursuant to said subdivision. The
commissioner may order the parties to appear
before said commissioner during the arbitration
period. If the parties have notified the
commissioner of their agreement to submit their
dispute to a single arbitrator and they have not
agreed on such arbitrator, within five days after
such notification, the commissioner shall select
such single arbitrator who shall be an impartial
representative of the interests of the public in
general. If each party has notified the
commissioner of the name of the arbitrator it has
selected and the parties have not agreed on the
third arbitrator, within five days after such
notification, the commissioner shall select a
third arbitrator, who shall be an impartial
representative of the interests of the public in
general. If either party fails to notify the
commissioner of the name of an arbitrator, the
commissioner shall select an arbitrator to serve
and the commissioner shall also select a third
arbitrator who shall be an impartial
representative of the interests of the public in
general. Any selection pursuant to this section by
the commissioner of an impartial arbitrator shall
be made at random from among the members appointed
under subdivision (3) of subsection (a) of this
section. Arbitrators shall be selected from the
panel appointed pursuant to subsection (a) of this
section and shall receive a per diem fee
determined on the basis of the prevailing rate for
such services. Whenever a panel of three
arbitrators is selected, the chairperson of such
panel shall be the impartial representative of the
interests of the public in general.
Sec. 12. Subsections (b) and (c) of section
10-206 of the general statutes are repealed and
the following is substituted in lieu thereof:
(b) Each local or regional board of education
shall require each child to have a health
assessment prior to public school enrolment. The
assessment shall include: (1) A physical
examination which shall include hematocrit or
hemoglobin tests, height, weight and blood
pressure; (2) an updating of immunizations as
required under [sections 10-204 and] SECTION
10-204a, provided a registered nurse may only
update said immunizations pursuant to a written
order by a physician or physician assistant,
licensed pursuant to chapter 370, or an advanced
practice registered nurse, licensed pursuant to
chapter 378; (3) vision, hearing, speech and gross
dental screenings; and (4) such other information,
including health and developmental history, as the
physician feels is necessary and appropriate. The
assessment shall also include tests for
tuberculosis, sickle cell anemia or Cooley's
anemia and tests for lead levels in the blood
where the local or regional board of education
determines after consultation with the school
medical advisor and the local health department,
or in the case of a regional board of education,
each local health department, that such tests are
necessary, provided a registered nurse may only
perform said tests pursuant to the written order
of a physician or physician assistant, licensed
pursuant to chapter 370, or an advanced practice
registered nurse, licensed pursuant to chapter
378.
(c) Each local or regional board of education
shall require each pupil enrolled in the public
schools to have health assessments in either grade
six or grade seven and in either grade ten or
grade eleven. The assessment shall include: (1) A
physical examination which shall include
hematocrit or hemoglobin tests, height, weight and
blood pressure; (2) an updating of immunizations
as required under [sections 10-204 and] SECTION
10-204a, provided a registered nurse may only
update said immunizations pursuant to a written
order of a physician or physician assistant,
licensed pursuant to chapter 370, or an advanced
practice registered nurse, licensed pursuant to
chapter 378; (3) vision, hearing, postural and
gross dental screenings; and (4) such other
information including a health history as the
physician feels is necessary and appropriate. The
assessment shall also include tests for
tuberculosis and sickle cell anemia or Cooley's
anemia where the local or regional board of
education, in consultation with the school medical
advisor and the local health department, or in the
case of a regional board of education, each local
health department, determines that said screening
or test is necessary, provided a registered nurse
may only perform said tests pursuant to the
written order of a physician or physician
assistant, licensed pursuant to chapter 370, or an
advanced practice registered nurse, licensed
pursuant to chapter 378.
Sec. 13. Subsection (a) of section 10-220 of
the general statutes, as amended by section 21 of
public act 97-290, is repealed and the following
is substituted in lieu thereof:
(a) Each local or regional board of education
shall maintain good public elementary and
secondary schools, implement the educational
interests of the state as defined in section
10-4a, AS AMENDED, and provide such other
educational activities as in its judgment will
best serve the interests of the school district;
provided any board of education may secure such
opportunities in another school district in
accordance with provisions of the general statutes
and shall give all the children of the school
district as nearly equal advantages as may be
practicable; shall provide an appropriate learning
environment for its students which includes (1)
adequate instructional books, supplies, materials,
equipment, staffing, facilities and technology,
(2) equitable allocation of resources among its
schools, and (3) a safe school setting; shall have
charge of the schools of its respective school
district; shall make a continuing study of the
need for school facilities and of a long-term
school building program and from time to time make
recommendations based on such study to the town;
shall report annually to the Commissioner of
Education on the condition of its facilities and
the action taken to implement its long-term school
building program, which report the commissioner
shall use to prepare an annual report that he
shall submit in accordance with section 11-4a to
the joint standing committee of the General
Assembly having cognizance of MATTERS RELATING TO
education; shall advise the Commissioner of
Education of the relationship between any
individual school building project pursuant to
chapter 173 and such long-term school building
program; shall have the care, maintenance and
operation of buildings, lands, apparatus and other
property used for school purposes and at all times
shall insure all such buildings and all capital
equipment contained therein against loss in an
amount not less than eighty per cent of
replacement cost; shall determine the number, age
and qualifications of the pupils to be admitted
into each school; SHALL DEVELOP AND IMPLEMENT A
WRITTEN PLAN FOR MINORITY STAFF RECRUITMENT FOR
PURPOSES OF SUBDIVISION (3) OF SECTION 10-4a, AS
AMENDED; shall employ and dismiss the teachers of
the schools of such district subject to the
provisions of sections 10-151, AS AMENDED, and
10-158a, AS AMENDED; shall designate the schools
which shall be attended by the various children
within the school district; shall make such
provisions as will enable each child of school
age, residing in the district to attend some
public day school for the period required by law
and provide for the transportation of children
wherever transportation is reasonable and
desirable, and for such purpose may make contracts
covering periods of not more than five years; may
place in an alternative school program or other
suitable educational program a pupil enrolling in
school who is nineteen years of age or older and
cannot acquire a sufficient number of credits for
graduation by age twenty-one; may arrange with the
board of education of an adjacent town for the
instruction therein of such children as can attend
school in such adjacent town more conveniently;
shall cause each child seven years of age and over
and under sixteen living in the school district to
attend school in accordance with the provisions of
section 10-184, and shall perform all acts
required of it by the town or necessary to carry
into effect the powers and duties imposed by law.
Sec. 14. Subsection (a) of section 2 of public
act 97-290 is repealed and the following is
substituted in lieu thereof:
(a) A local or regional board of education for
purposes of subdivision (3) of section 10-4a, as
amended by section 1 of [this act] PUBLIC ACT
97-290, may offer such programs or use such
methods as: (1) Interdistrict magnet school
programs; (2) charter schools; (3) interdistrict
after-school, Saturday and summer programs and
sister-school projects; (4) intradistrict and
interdistrict public school choice programs; (5)
interdistrict school building projects; (6)
interdistrict program collaboratives for students
and staff; [(7) minority staff recruitment; (8)]
(7) distance learning through the use of
technology; and [(9)] (8) any other experience
that increases awareness of the diversity of
individuals and cultures.
Sec. 15. Subsection (b) of section 10-221d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) If a local or regional board of education
requests, a regional educational service center
shall arrange for fingerprinting pursuant to
subsection (a) of this section and forward such
fingerprints for state and national criminal
history records checks. Such regional educational
service centers shall provide the results of such
checks to such local or regional board of
education. SUCH REGIONAL EDUCATIONAL SERVICE
CENTERS SHALL PROVIDE SUCH RESULTS TO ANY OTHER
LOCAL OR REGIONAL BOARD OF EDUCATION OR REGIONAL
EDUCATIONAL SERVICE CENTER UPON THE REQUEST OF THE
PERSON FINGERPRINTED.
Sec. 16. Section 10-227 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each board of education shall cause the
superintendent to make returns not later than
September first of each year to the Commissioner
of Education of the receipts, expenditures and
statistics, as prescribed by the commissioner,
provided each such board may submit revisions to
the returns in such form and with such
documentation as required by the commissioner no
later than December thirty-first of each year
following the September submission. Such reports
or returns required shall be made in accordance
with the instructions furnished by the
commissioner, shall be certified no later than
December thirty-first of each year by the
independent public accountant selected pursuant to
section 7-392 for the purpose of auditing
municipal accounts, and shall be subject to state
Department of Education verification. If the
returns and statistics and revisions called for by
said commissioner are not sent on or before the
days specified in this section or if the returns
are not certified as required by the commissioner
on or before December thirty-first, each local and
regional board of education required by law to
make separate returns, whose returns and
statistics or revisions are delayed until after
those days, shall forfeit of the total sum which
is paid for such board of education from the State
[Treasury] TREASURER an amount to be determined by
the State Board of Education, which amount shall
be not less than one thousand dollars nor more
than ten thousand dollars. The amount so forfeited
shall be withheld from a subsequent grant payment
as determined by the commissioner. Notwithstanding
the penalty provision of this section, the [State
Board] COMMISSIONER of Education may waive said
forfeiture [if the board determines that the
failure of the local or regional board of
education to submit the data in a timely manner
was due to circumstances beyond its control] FOR
GOOD CAUSE.
Sec. 17. Section 10-239j of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Within forty-five days of receipt of a New
England Association of Schools and Colleges
accreditation report for any public school, the
local or regional board of education which has
jurisdiction over such school shall publicly
disclose the results of the report at a public
meeting of the board of education and shall make
the report available for inspection upon request.
(b) IF THE NEW ENGLAND ASSOCIATION OF SCHOOLS
AND COLLEGES PLACES A SCHOOL ON PROBATION OR
OTHERWISE NOTIFIES THE LOCAL OR REGIONAL BOARD OF
EDUCATION OR THE SUPERINTENDENT OF SCHOOLS THAT A
SCHOOL IN THE DISTRICT IS AT RISK OF LOSING ITS
ACCREDITATION, THE LOCAL OR REGIONAL BOARD OF
EDUCATION SHALL NOTIFY THE DEPARTMENT OF EDUCATION
OF SUCH PLACEMENT OR PROBLEMS RELATING TO
ACCREDITATION AND THE DEPARTMENT SHALL NOTIFY THE
JOINT STANDING COMMITTEE OF THE GENERAL ASSEMBLY
HAVING COGNIZANCE OF MATTERS RELATING TO EDUCATION
OF SUCH PLACEMENT OR PROBLEMS.
Sec. 18. Section 10-262f of the general
statutes, as amended by section 24 of public act
97-290, section 1 of public act 97-318 and section
13 of public act 97-2 of the June 18 special
session, is repealed and the following is
substituted in lieu thereof:
Whenever used in this section and sections
[10-262g] 10-262h to 10-262j, inclusive, AS
AMENDED:
(1) "Adjusted equalized net grand list" means
the equalized net grand list of a town multiplied
by its income adjustment factor.
(2) "Base aid ratio" means one minus the ratio
of a town's wealth to the state guaranteed wealth
level, provided no town's aid ratio shall be less
than zero.
(3) "Income adjustment factor" means the
average of a town's per capita income divided by
the per capita income of the town with the highest
per capita income in the state and a town's median
household income divided by the median household
income of the town with the highest median
household income in the state.
(4) "Median household income" for each town
means that enumerated in the most recent federal
decennial census of population or that enumerated
in the current population report series issued by
the United States Department of Commerce, Bureau
of the Census, whichever is more recent and
available on January first of the fiscal year two
years prior to the fiscal year in which payment is
to be made pursuant to section 10-262i.
(5) "Supplemental aid factor" means for each
town the average of its percentage of children
eligible under the [tempoary] TEMPORARY family
assistance program and its grant mastery
percentage.
(6) "Percentage of children eligible under the
temporary family assistance program" means the
town's number of children under the temporary
family assistance program divided by the number of
children age five to seventeen, inclusive, in the
town.
(7) "Average mastery percentage" means for
each school year the average of the three most
recent mastery percentages available on December
first of the school year.
(8) "Equalized net grand list", for purposes
of calculating the amount of grant to which any
town is entitled in accordance with section
10-262h, AS AMENDED, means the average of the net
grand lists of the town upon which taxes were
levied for the general expenses of the town two,
three and four years prior to the fiscal year in
which such grant is to be paid, provided such net
grand lists are equalized in accordance with
section 10-261a.
(9) "Foundation" means (A) for the fiscal year
ending June 30, 1990, three thousand nine hundred
eighteen dollars, (B) for the fiscal year ending
June 30, 1991, four thousand one hundred
ninety-two dollars, (C) for the fiscal year ending
June 30, 1992, four thousand four hundred
eighty-six dollars, (D) for the fiscal years
ending June 30, 1993, June 30, 1994, and June 30,
1995, four thousand eight hundred dollars and (E)
for the fiscal years ending June 30, 1996, June
30, 1997, June 30, 1998, and June 30, 1999, five
thousand seven hundred eleven dollars.
(10) "Number of children age five to
seventeen, inclusive" means that enumerated in the
most recent federal decennial census of population
or enumerated in the current population report
series issued by the United States Department of
Commerce, Bureau of the Census, whichever is more
recent and available on January first of the
fiscal year two years prior to the fiscal year in
which payment is to be made pursuant to section
10-262i.
(11) "Supplemental aid ratio" means .04 times
the supplemental aid factor of a town divided by
the highest supplemental aid factor when all towns
are ranked from low to high, provided any town
whose percentage of children eligible under the
[tempoary] TEMPORARY family assistance program
exceeds twenty-five shall have a supplemental aid
ratio of .04.
(12) "Grant mastery percentage" means (A) for
the school year ending June 30, 1989, average
mastery percentage and (B) for the school years
ending June 30, 1990, through the school year
ending June 30, 1995, the average mastery
percentage plus the mastery improvement bonus, and
(C) for each school year thereafter, the average
mastery percentage.
(13) "Mastery count" of a town means for each
school year the grant mastery percentage of the
town multiplied by the number of resident
students.
(14) "Mastery improvement bonus" means for
each school year through the school year ending
June 30, 1995, seventy-five per cent of the
difference between (A) the grant mastery
percentage for the previous school year and (B)
the average mastery percentage for the school
year, but not less than zero.
(15) "Mastery percentage" of a town for any
examination year means, using the mastery test
data of record for the examination year, the
number obtained by dividing (A) the total number
of valid tests with scores below the state-wide
standard for remedial assistance as determined by
the Department of Education in each subject of the
examinations pursuant to subsections (a) and (b)
of section 10-14n, AS AMENDED, taken by resident
students, by (B) the total number of such valid
tests taken by such students.
(16) "Mastery test data of record" for any
examination year means the data of record on the
April thirtieth subsequent to the administration
of the examinations pursuant to subsections (a)
and (b) of section 10-14n, AS AMENDED, except that
for the examination years prior to July 1, 1988,
the date of the data of record shall be April 30,
1988, and provided beginning with the
administration of such examinations during the
1988-1989 school year, and for each such
administration thereafter, school districts may,
not later than the March first following the
administration of an examination, file a request
with the state Department of Education for an
adjustment of the mastery test data from such
examination.
(17) "Number of children under the temporary
family assistance program" means the number
obtained by adding together the unduplicated
aggregate number of children five to eighteen
years of age eligible to receive benefits under
the temporary family assistance program in October
and May of each fiscal year, and dividing by two,
such number to be certified and submitted
annually, no later than the first day of July of
the succeeding fiscal year, to the Commissioner of
Education by the Commissioner of Social Services.
(18) "Per capita income" for each town means
that enumerated in the most recent federal
decennial census of population or that enumerated
in the current population report series issued by
the United States Department of Commerce, Bureau
of the Census, whichever is more recent and
available on January first of the fiscal year two
years prior to the fiscal year in which payment is
to be made pursuant to section 10-262i.
(19) "Regional bonus" means, for any town
which is a member of a regional school district
and has students who attend such regional school
district, an amount equal to twenty-five dollars
for each such student enrolled in the regional
school district on October first or the full
school day immediately preceding such date for the
school year prior to the fiscal year in which the
grant is to be paid multiplied by the ratio of the
number of grades, kindergarten to grade twelve,
inclusive, in the regional school district to
thirteen.
(20) "Regular program expenditures" means (A)
total current educational expenditures less (B)
expenditures for (i) special education programs
pursuant to subsection (h) of section 10-76f, (ii)
pupil transportation eligible for reimbursement
pursuant to section 10-266m, AS AMENDED, (iii)
land and capital building expenditures, and
equipment otherwise supported by a state grant
pursuant to chapter 173, including debt service,
provided, with respect to debt service, the
principal amount of any debt incurred to pay an
expense otherwise includable in regular program
expenditures may be included as part of regular
program expenditures in annual instalments in
accordance with a schedule approved by the state
Department of Education based upon substantially
equal principal payments over the life of the
debt, (iv) health services for nonpublic school
children, (v) adult education, (C) expenditures
directly attributable to (i) state grants received
by or on behalf of school districts except grants
for the categories of expenditures listed in
subparagraphs (B) (i) to (B) (v), inclusive, of
this subdivision and except grants received
pursuant to section 10-262i and section 10-262c of
the general statutes, revision of 1958, revised to
January 1, 1987, and except grants received
pursuant to chapter 173, (ii) federal grants
received by or on behalf of school districts
except for adult education and federal impact aid
and (iii) receipts from the operation of child
nutrition services and student activities
services, (D) expenditures of funds from private
and other sources and (E) tuition received on
account of nonresident students. The town of
Woodstock may include as part of the current
expenses of its public schools for each school
year the amount expended for current expenses in
that year by Woodstock Academy from income from
its endowment funds upon receipt from said academy
of a certified statement of such current expenses.
The town of Winchester may include as part of the
current expenses of its public school for each
school year the amount expended for current
expenses in that year by the Gilbert School from
income from its endowment funds upon receipt from
said school of a certified statement of such
current expenses.
(21) "Regular program expenditures per need
student" means, in any year, the regular program
expenditures of a town for such year divided by
the number of total need students in the town for
such school year, provided for towns which are
members of a kindergarten to grade twelve,
inclusive, regional school district and for such
regional school district, "regular program
expenditures per need student" means, in any year,
the regular program expenditures of such regional
school district divided by the sum of the number
of total need students in all such member towns.
(22) "Resident students" means the number of
pupils of the town enrolled in public schools at
the expense of the town on October first or the
full school day immediately preceding such date,
provided the number shall be decreased by the
Department of Education for failure to comply with
the provisions of section 10-16 and shall be
increased by one-one-hundred-eightieth for each
full-time equivalent school day in the school year
immediately preceding such date of at least five
hours of actual school work in excess of one
hundred eighty days and nine hundred hours of
actual school work and be increased by the
full-time equivalent number of such pupils
attending the summer sessions immediately
preceding such date at the expense of the town;
"enrolled" shall include pupils who are scheduled
for vacation on the above date and who are
expected to return to school as scheduled. Pupils
enrolled in an approved program described in
section 10-266j, AS AMENDED, shall be counted in
accordance with the provisions of subdivision (3)
of subsection (c) of said section. Pupils
participating in the program established pursuant
to section 3 of [this act] PUBLIC ACT 97-290 shall
be counted in accordance with the provisions of
subsection (g) of section 3 of [this act] PUBLIC
ACT 97-290.
(23) "Schools" means nursery schools,
kindergarten and grades one to twelve, inclusive.
(24) "State guaranteed wealth level" means (A)
for the fiscal year ending June 30, 1990, 1.8335
times the town wealth of the town with the median
wealth as calculated using the data of record on
December first of the fiscal year prior to the
year in which the grant is to be paid pursuant to
section 10-262i, and (B) for the fiscal years
ending June 30, 1991, and 1992, 1.6651 times the
town wealth of the town with such median wealth,
and (C) for the fiscal years ending June 30, 1993,
June 30, 1994, and June 30, 1995, 1.5361 times the
town wealth of the town with the median wealth,
and (D) for the fiscal year ending June 30, 1996,
and each fiscal year thereafter, 1.55 times the
town wealth of the town with the median wealth.
(25) "Total need students" means the sum of
(A) the number of resident students of the town
for the school year, (B) one-quarter the number of
children under the temporary family assistance
program for the prior fiscal year, (C) one-quarter
of the mastery count for the school year and (D)
ten per cent of the number of eligible children,
as defined in subdivision (1) of section 10-17e,
for whom the board of education is not required to
provide a program pursuant to section 10-17f.
(26) "Town wealth" means the average of a
town's adjusted equalized net grand list divided
by its total need students for the fiscal year
prior to the year in which the grant is to be paid
and its adjusted equalized net grand list divided
by its population.
(27) "Population" of a town means that
enumerated in the most recent federal decennial
census of population or that enumerated in the
current population report series issued by the
United States Department of Commerce, Bureau of
the Census available on January first of the
fiscal year two years prior to the fiscal year in
which a grant is to be paid, whichever is most
recent; except that any town whose enumerated
population residing in state and federal
institutions within such town and attributed to
such town by the census exceeds forty per cent of
such "population" shall have its population
adjusted as follows: Persons who are incarcerated
or in custodial situations, including, but not
limited to jails, prisons, hospitals or training
schools or persons who reside in dormitory
facilities in schools, colleges, universities or
on military bases shall not be counted in the
"population" of a town.
(28) "Base revenue" for the fiscal year ending
June 30, 1995, means the sum of the grant
entitlements for the fiscal year ending June 30,
1995, of a town pursuant to section 10-262h, AS
AMENDED, and subsection (a) of section 10-76g,
including its proportional share, based on
enrolment, of the revenue paid pursuant to section
10-76g, to the regional district of which the town
is a member, and for each fiscal year thereafter
means the amount of each town's entitlement
pursuant to section 10-262h, AS AMENDED, minus its
density supplement, as determined pursuant to
subdivision (6) of subsection (a) of section
10-262h, AS AMENDED.
(29) "Density" means the population of a town
divided by the square miles of a town.
(30) "Density aid ratio" means the product of
(A) the density of a town divided by the density
of the town in the state with the highest density
and (B) .006273.
(31) "Mastery goal improvement count" means
the product of (A) the difference between the
percentage of state-wide mastery examination
scores, pursuant to subsections (a) and (b) of
section 10-14n, AS AMENDED, at or above the
mastery goal level for the most recently completed
school year and the percentage of such scores for
the prior school year and (B) the resident
students of the town, or zero, whichever is
greater.
Sec. 19. Section 10-264e of the general
statutes is repealed and the following is
substituted in lieu thereof:
For the fiscal year ending June 30, 1996, and
each fiscal year thereafter, at such time and in
such manner as the commissioner prescribes, local
and regional boards of education, individually or
cooperatively, pursuant to section 10-158a, or
through a regional educational service center may
apply to the commissioner for competitive grants
pursuant to sections 10-264h, AS AMENDED BY THIS
ACT, 10-264i, AS AMENDED BY THIS ACT, and 10-264l,
AS AMENDED BY THIS ACT. [based on regional plans
pursuant to sections 10-264b and 10-264c or any
other interdistrict proposal to improve the
quality of school performance and student
outcomes, and enhance student diversity and
awareness of diversity.]
Sec. 20. Subsection (b) of section 10-264h of
the general statutes, as amended by section 15 of
public act 97-290, is repealed and the following
is substituted in lieu thereof:
(b) Subject to the provisions of subsection
(a) of this section, the applicant shall receive
current payments of scheduled estimated eligible
project costs for the facility, provided (1) the
applicant files an application for a school
building project, in accordance with section
10-283, AS AMENDED, by the date prescribed by the
commissioner, (2) final plans and specifications
for the project are approved pursuant to sections
10-291 and 10-292, and (3) such district submits
to the commissioner, in such form as the
commissioner prescribes, and the commissioner
approves a plan for the operation of the facility
which includes, but need not be limited to: A
description of the educational programs to be
offered, the completion date for the project, an
estimated budget for the operation of the
facility, written commitments for participation
from the districts that will participate in the
school and an analysis of the effect of the
program on the reduction of racial, ethnic and
economic isolation. The commissioner shall notify
the secretary of the State Bond Commission when
the provisions of subdivisions (1) and (3) of this
subsection have been met. Upon application to the
Commissioner of Education, compliance with the
provisions of subdivisions (1) and (3) of this
subsection and after authorization by the General
Assembly pursuant to section 10-283, AS AMENDED,
the applicant shall be eligible to receive [a
grant in an amount equal to five per cent of the
amount authorized for the project for the
development of final plans and specifications
pursuant to subdivision (2) of this subsection]
PROGRESS PAYMENTS IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 45 OF PUBLIC ACT 97-11 OF
THE JUNE 18 SPECIAL SESSION.
Sec. 21. Section 10-264i of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A local or regional board of education,
[or] regional educational service center, OR
COOPERATIVE ARRANGEMENT PURSUANT TO SECTION
10-158a which transports a child to an
interdistrict magnet school program as defined in
section 10-264l, in a town other than the town in
which the child resides shall be eligible pursuant
to section 10-264e to receive a grant up to one
hundred per cent of the reasonable cost of
transporting such child. The Department of
Education shall, within the total amount
appropriated for interdistrict cooperative grants
pursuant to section 10-74d, AS AMENDED BY THIS
ACT, use an amount, not to exceed five per cent of
such appropriation for interdistrict magnet school
program transportation. Nothing in this subsection
shall be construed to prevent a local or regional
board of education, REGIONAL EDUCATIONAL SERVICE
CENTER OR COOPERATIVE ARRANGEMENT from receiving
reimbursement under section 10-266m, AS AMENDED,
for reasonable transportation expenses for which
such board, [or] service center OR COOPERATIVE
ARRANGEMENT is not reimbursed pursuant to this
section.
(b) Grants under this section shall be
contingent on documented costs of providing such
transportation. Eligible local and regional boards
of education, REGIONAL EDUCATIONAL SERVICE CENTERS
AND COOPERATIVE ARRANGEMENTS shall submit
applications for grants under this section to the
Commissioner of Education in such form and at such
times as he prescribes. Grants pursuant to this
section shall be paid as follows: In October
one-half of the estimated eligible transportation
costs and the balance of such costs in May.
(c) Each local and regional board of
education, REGIONAL EDUCATIONAL SERVICE CENTER AND
COOPERATIVE ARRANGEMENT participating in the grant
program shall prepare a financial statement of
expenditures which shall be submitted to the
Department of Education on or before September
first of the fiscal year immediately following
each fiscal year in which the school district,
REGIONAL EDUCATIONAL SERVICE CENTER OR COOPERATIVE
ARRANGEMENT participates in the grant program.
Based on such statement, any underpayment or
overpayment may be calculated and adjusted by the
state Department of Education in the grant for any
subsequent year.
Sec. 22. Section 10-264j of the general
statutes is repealed and the following is
substituted in lieu thereof:
Nothing in subsection (a) of section 10-74d,
AS AMENDED, or in sections [10-264a to 10-264k]
10-264e TO 10-264i, inclusive, AS AMENDED BY THIS
ACT, shall be deemed to prohibit one or more local
or regional boards of education from [(1)]
developing and implementing interdistrict programs
at any time. [or (2) developing and implementing
interdistrict programs across the regions
established pursuant to section 10-264k.]
Sec. 23. Subsections (a) and (b) of section
10-264l of the general statutes, as amended by
section 16 of public act 97-290, are repealed and
the following is substituted in lieu thereof:
(a) The Department of Education shall, within
the amount appropriated for interdistrict
cooperative grants pursuant to section 10-74d, AS
AMENDED BY THIS ACT, use up to fifty per cent of
such appropriation to establish a competitive
grant program to assist local and regional boards
of education, [and] regional educational service
centers AND COOPERATIVE ARRANGEMENTS PURSUANT TO
SECTION 10-158a, AS AMENDED, with the operation of
interdistrict magnet school programs. For the
purposes of this section "an interdistrict magnet
school program" means a program which (1) supports
racial, ethnic and economic diversity, (2) offers
a special and high quality curriculum, and (3)
requires students who are enrolled to attend at
least half-time. An interdistrict magnet school
program does not include a regional vocational
agriculture school, a regional
vocational-technical school or a regional special
education center. On and after July 1, 2000, the
governing authority for each interdistrict magnet
school program shall restrict the number of
students that may enroll in the program from a
participating district to eighty per cent of the
total enrolment of the program.
(b) Applications for interdistrict magnet
school program operating grants awarded pursuant
to this section shall be submitted annually to the
Commissioner of Education at such time and in such
manner as the commissioner prescribes. In
determining whether an application shall be
approved and funds awarded pursuant to this
section, the commissioner shall consider, but such
consideration shall not be limited to: (1) Whether
the program offered by the school is likely to
increase student achievement; (2) whether the
program is likely to reduce racial, ethnic and
economic isolation; AND (3) the percentage of the
student enrolment in the program from each
participating district. [; and (4) whether
participating school districts are located within
regions described in section 10-264k which
approved regional plans in accordance with section
10-264c.] On and after July 1, 2000, the
commissioner shall not award a grant to a program
if more than eighty per cent of its total
enrolment is from one school district, except that
the commissioner may award a grant for good cause,
for any one year, on behalf of an otherwise
eligible magnet school program, if more than
eighty per cent of the total enrolment is from one
district.
Sec. 24. Section 10-266x of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Within the limits of available
appropriations, the Commissioner of Education
shall establish a program to encourage local and
regional boards of education to develop innovative
programs for educational improvement. Local and
regional boards of education may file an
application to participate in the program in such
form and at such time as the commissioner
requires. Each application shall include a plan
developed by the local or regional board of
education, in consultation with the teachers
employed in the school or school system for which
such application is being made. Proposed plans
shall provide for an evaluation process to measure
academic progress and school improvement resulting
from participation in the program. For purposes of
the program, the commissioner may waive
requirements under chapters 163, 168, 170 to 173,
inclusive, and chapter 164, except for the
provisions relating to special education required
under federal law, and regulations adopted
pursuant to said chapters, provided each
application identifies (A) the specific statutes
or regulations from which a waiver is requested,
if any, and (B) the manner in which each waiver is
expected to assist in achieving specified
educational benefits. Local and regional boards of
education may cooperate with businesses and
nonprofit organizations in developing and
implementing such plans and may receive and expend
private funds for purposes of this section.
(b) THE COMMISSIONER OF EDUCATION MAY SET
ASIDE UP TO TEN PER CENT OF THE FUNDS APPROPRIATED
FOR PURPOSES OF THIS SECTION TO PROVIDE, ON A
COMPETITIVE BASIS, MINI-GRANTS TO TEACHERS IN
PUBLIC SCHOOLS FOR THE DEVELOPMENT OR USE OF
INNOVATIVE CURRICULA, TEACHING AIDS OR TEACHING
METHODS. THE AMOUNT OF A MINI-GRANT SHALL NOT
EXCEED FIVE HUNDRED DOLLARS. THE DEPARTMENT OF
EDUCATION MAY CONTRACT WITH A REGIONAL EDUCATIONAL
SERVICE CENTER FOR PURPOSES OF THIS SUBSECTION.
[(b)] (c) The commissioner shall, annually,
report, in accordance with the provisions of
section 11-4a, on the program to the joint
standing committee of the General Assembly having
cognizance of matters relating to education.
Sec. 25. Section 10-285b of the general
statutes, as amended by section 77 of public act
97-265, is repealed and the following is
substituted in lieu thereof:
(a) (1) For the fiscal year ending June 30,
1987, Woodstock Academy may apply and be eligible
subsequently to be considered for school
construction grant commitments from the state
pursuant to this chapter. (2) Except as provided
in subdivision (1) of this subsection, any
incorporated or endowed high school or academy
approved by the State Board of Education pursuant
to section 10-34 may apply and be eligible
subsequently to be considered for school
construction grant commitments from the state
pursuant to this chapter. (3) Applications
pursuant to this subsection shall be filed at such
time and on such forms as the state Department of
Education prescribes. The Commissioner of
Education shall approve such applications pursuant
to the provisions of section 10-284 deemed
applicable by the state Department of Education.
(b) In the case of a school building project,
as defined in subparagraph (A) of subdivision (3)
of section 10-282, AS AMENDED, the amount of the
grant approved by said commissioner shall be
computed pursuant to the provisions of
[subdivision (3) of subsection (a) of] section
10-286, AS AMENDED, and [in the case of an
administrative or service facility the amount of
the grant approved by said commissioner shall be
computed as one-half of the eligible percentage,
as determined for school building projects] THE
ELIGIBLE PERCENTAGE SHALL BE computed pursuant to
the provisions of [said subdivision (3) of
subsection (a) of section 10-286, of the eligible
project cost, provided that the percentage of
eligible costs shall be determined pursuant to]
SUBDIVISION (2) OF subsection (c) of this section.
The calculation of the grant pursuant to this
section shall be made in accordance with the state
standard space specifications in effect at the
time of final grant calculation. [In the case of
projects to correct code violations, as defined in
subdivision (7) of section 10-282, the amount of
the grant approved by said commissioner shall be
computed in the manner specified for a secondary
regional school district pursuant to subdivision
(7) of said subsection (a) of section 10-286
provided that the percentage of eligible costs
shall be determined pursuant to subsection (c) of
this section. Grant payments shall be made in
accordance with this chapter, as deemed applicable
by the state Department of Education.]
(c) (1) The percentage of school building
project grant money Woodstock Academy may be
eligible to receive for school construction
projects for which application was made in the
fiscal year ending June 30, 1987, under the
provisions of subsection (b) of this section shall
be determined by its ranking. The ranking shall be
determined by (A) multiplying the total
population, as defined in section 10-261, AS
AMENDED, of each town which subsequent to October
1, 1985, and prior to October 1, 1986, designates
Woodstock Academy as the high school for such town
for a period of not less than five years, by such
town's percentile ranking, as determined in
subsection (a) of section 10-285a, (B) adding
together the figures for each town determined
under subparagraph (A) of this subdivision, and
(C) dividing the total computed under subparagraph
(B) of this subdivision by the total population of
all towns which designate Woodstock Academy as
their high school under subparagraph (A) of this
subdivision. The ranking determined pursuant to
this subdivision shall be rounded to the next
higher whole number. Woodstock Academy shall
receive the same reimbursement percentage as would
a town with the same rank.
(2) Except as provided in subdivision (1) of
this subsection, the percentage of school building
project grant money each incorporated or endowed
high school or academy may be eligible to receive
under the provisions of subsection (b) of this
section shall be determined by its ranking. The
ranking shall be determined by (A) multiplying the
total population, as defined in section 10-261, AS
AMENDED, of each town which at the time of
application for such school construction grant
commitment has designated such school as the high
school for such town for a period of not less than
five years from the date of such application, by
such town's percentile ranking, as determined in
subsection (a) of section 10-285a, (B) adding
together the figures for each town determined
under subparagraph (A) of this subdivision and (C)
dividing the total computed under subparagraph (B)
of this subdivision by the total population of all
towns which designate the school as their high
school under subparagraph (A) of this subdivision.
The ranking determined pursuant to this
subdivision shall be rounded to the next higher
whole number. Such high school or academy shall
receive the [same] reimbursement percentage [as
would] OF a town with the same rank INCREASED BY
FIVE PER CENT, EXCEPT THAT THE REIMBURSEMENT
PERCENTAGE OF SUCH HIGH SCHOOL OR ACADEMY SHALL
NOT EXCEED EIGHTY-FIVE PER CENT.
(d) (1) In order for Woodstock Academy to be
eligible for a grant commitment pursuant to this
section for the fiscal year ending June 30, 1987,
said academy shall (A) provide educational
facilities to the town or towns designating it as
the high school for such town or towns for a
period commencing on June 5, 1986, and not less
than ten years after completion of grant payments
under this section, and (B) provide that at least
half of its executive committee, exclusive of the
president, be representatives of the board or
boards of education designating Woodstock Academy
as the high school for each such board's town.
(2) Except as provided in subdivision (1) of
this subsection, in order for an incorporated or
endowed high school or academy to be eligible for
a grant commitment pursuant to this section such
high school or academy shall (A) provide
educational services to the town or towns
designating it as the high school for such town or
towns for a period of not less than ten years
after completion of grant payments under this
section, and (B) provide that at least half of the
governing board which exercises final educational,
financial and legal responsibility for the high
school or academy, exclusive of the chairman of
such board, be representatives of the board or
boards of education designating the high school or
academy as the high school for each such board's
town.
Sec. 26. Subsection (a) of section 10-295 of
the general statutes, as amended by section 138 of
public act 97-2 of the June 18 special session, is
repealed and the following is substituted in lieu
thereof:
(a) All residents of this state, regardless of
age, who, because of blindness or impaired vision,
require special educational programs, on the
signed recommendation of the director of the Board
of Education and Services for the Blind, shall be
entitled to receive such instruction and for such
length of time as is deemed expedient by said
director. The director shall annually submit to
the board the list of names of persons so
recommended. Upon the petition of any parent or
guardian of a blind educable child or a child with
impaired vision, a local board of education may
provide such instruction within the town or it may
provide for such instruction by agreement with
other towns as provided in subsection (d) of
section 10-76d, AS AMENDED. The expense of such
instruction shall be paid by the state to an
amount not exceeding six thousand four hundred
dollars for each of such persons in any one state
fiscal year. When the parents or guardians of any
such blind person or person with impaired vision
are not able to provide clothing for such person,
an additional sum not to exceed one hundred
dollars per year may be allowed for such expenses.
Where a local or regional board of education
reimburses parents or legal guardians of a blind
or visually impaired child for transportation to
and from a specialized residential facility
serving the blind, such board shall be reimbursed
by the state for such validated actual cost up to
a maximum of three hundred dollars per pupil per
school year. Determination of reimbursable
transportation costs and payment therefor shall be
the responsibility of the State Board of Education
and Services for the Blind. All educational
privileges prescribed in part V of chapter 164,
not inconsistent with the provisions of this
chapter, shall apply to the pupils covered by this
subsection. The Board of Education and Services
for the Blind may provide any of the educational
services described in this section to a child
whose vision may be greater than as defined in
section 10-294a upon written referral by the
[State Board of Education] LOCAL OR REGIONAL BOARD
OF EDUCATION RESPONSIBLE FOR PROVIDING SPECIAL
EDUCATION AND RELATED SERVICES PURSUANT TO SECTION
10-76d, AS AMENDED. A request from a local or
regional board of education for reimbursement of
such expenses to the Board of Education and
Services for the Blind shall not be eligible for
such reimbursement unless such request is received
by the first of June for such expenses incurred
during the preceding first of July through the
thirty-first of December and by the first of
December for expenses incurred during the
preceding first of January through the thirtieth
of June.
Sec. 27. Subsection (a) of section 10-303 of
the general statutes, as amended by section 163 of
public act 97-2 of the June 18 special session, is
repealed and the following is substituted in lieu
thereof:
(a) The authority in charge of any building or
property owned, operated or leased by the state or
any municipality therein shall grant to the Board
of Education and Services for the Blind a permit
to operate in such building or on such property a
food service facility, a vending machine or a
stand for the vending of newspapers, periodicals,
confections, tobacco products, food and such other
articles as such authority approves when, in the
opinion of such authority, such facility, machine
or stand is desirable in such location. Any person
operating such a stand in any such location ON
October 1, 1945, shall be permitted to continue
such operation, but upon such person's ceasing
such operation such authority shall grant a permit
for continued operation to the Board of Education
and Services for the Blind. Said board may
establish a training facility at any such
location.
Sec. 28. Subdivision (1) of subsection (b) of
section 10a-109i of the general statutes is
repealed and the following is substituted in lieu
thereof:
(b) (1) A permanent Endowment Fund FOR THE
UNIVERSITY OF CONNECTICUT shall be confirmed,
established or created to encourage donations from
the private sector, with an incentive in the form
of an Endowment Fund state grant, WHICH SHALL BE
DEPOSITED IN THE UNIVERSITY OR IN A FOUNDATION
OPERATING PURSUANT TO SECTIONS 4-37e AND 4-37f
CONSISTENT WITH THE DEPOSIT OF ENDOWMENT FUND
ELIGIBLE GIFTS, AND the net earnings on the
principal of which are to be dedicated and made
available to the university for endowed
professorships, scholarships and programmatic
enhancements. The fund shall be administered by
the board of trustees, or by a nonprofit entity
entrusted for such purpose and created or to be
created and qualified as a Section 501(c)(3)
organization 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 preferably constituted and
controlled independent of the state and university
so as to qualify the interest on state bonds the
proceeds of which have been granted for deposit in
the Endowment Fund as excludable from federal
taxation under such code and shall, in any event,
be held in a trust fund with a bank or trust
company separate and apart from all other funds
and accounts of the state and university. There
shall be deposited into the fund: (A) Endowment
Fund eligible gifts, (B) Endowment Fund state
grants and (C) interest or other income earned on
the investment of moneys in the Endowment Fund
pending application or transfer or use of earnings
on the principal thereof for the purposes
identified in this subdivision (1) of subsection
(b) of this section.
Sec. 29. Section 10a-109k of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) All money received by the university
pursuant to the authority of sections 10a-109a to
10a-109y, inclusive, EXCEPT ENDOWMENT FUND STATE
GRANTS THAT MATCH ENDOWMENT FUND ELIGIBLE GIFTS
RECEIVED ON OR AFTER JANUARY 1, 1996, shall be
construed, with the approval of the Treasurer, to
be state funds held by the State Treasurer or,
within the meaning of section 3-13c, trust funds
and shall be held and applied solely as provided
in said section 10a-109i or in the indenture of
trust or resolution of the board of trustees
authorizing the financing document. Any officer to
whom, or any bank, trust company or other fiscal
agent or trustee to which any money shall be paid
shall act as trustee of that money and shall hold
and apply the money for that purpose, subject to
section 10a-109i or such regulations as the
resolution or indenture may provide.
(b) Interest earnings on the proceeds of any
securities secured by a state debt service
commitment, including any accrued interest
remaining after all costs of issuance have been
paid, shall be credited to the General Fund.
Sec. 30. Subdivision (1) of subsection (a) of
section 2 of public act 97-293 is repealed and the
following is substituted in lieu thereof:
(a) (1) The Board for State Academic Awards
shall establish a permanent Endowment Fund for
Charter Oak State College to encourage donations
from the private sector, with an incentive in the
form of an endowment fund state grant, the net
earnings on the principal of which are dedicated
and made available to Charter Oak State College
for scholarships and programmatic enhancements.
The fund shall be administered by the Board for
State Academic Awards [and shall be held in a] OR
BY A NONPROFIT ENTITY ENTRUSTED FOR SUCH PURPOSE
AND QUALIFIED AS A SECTION 501(c)(3) ORGANIZATION
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 PREFERABLY CONSTITUTED AND CONTROLLED
INDEPENDENT OF THE STATE AND COLLEGE SO AS TO
QUALIFY THE INTEREST ON STATE BONDS THE PROCEEDS
OF WHICH HAVE BEEN GRANTED FOR DEPOSIT IN THE
ENDOWMENT FUND AS EXCLUDABLE FROM FEDERAL TAXATION
UNDER SUCH CODE AND SHALL, IN ANY EVENT, BE HELD
IN A TRUST fund separate and apart from all other
funds and accounts of the state and the Board for
State Academic Awards. There shall be deposited
into the fund: (A) Endowment Fund eligible gifts;
(B) endowment fund state grants; and (C) interest
or other [income earned on] EARNINGS FROM the
investment of moneys in the endowment fund pending
[application or] transfer or use of earnings on
the principal of the fund for the purposes
identified in this subdivision.
Sec. 31. Subsection (a) of section 10a-155 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each institution of higher education shall
require each full-time or matriculating student
born after December 31, 1956, to provide proof of
adequate immunization against measles and rubella
before permitting such student to enroll in such
institution. Any such student who (1) presents a
certificate from a physician stating that in the
opinion of such physician such immunization is
medically contraindicated, (2) provides a
statement that such immunization would be contrary
to his religious beliefs, [or] (3) presents a
certificate from a physician, or from the director
of health in the student's present or previous
town of residence, stating that the student has
had a confirmed case of such disease, OR (4) IS
ENROLLED EXCLUSIVELY IN A PROGRAM FOR WHICH
STUDENTS DO NOT CONGREGATE ON CAMPUS FOR CLASSES
OR TO PARTICIPATE IN INSTITUTIONAL-SPONSORED
EVENTS, SUCH AS STUDENTS ENROLLED IN DISTANCE
LEARNING PROGRAMS FOR INDIVIDUALIZED HOME STUDY OR
PROGRAMS CONDUCTED ENTIRELY THROUGH ELECTRONIC
MEDIA IN A SETTING WITHOUT OTHER STUDENTS PRESENT
shall be exempt from the appropriate provisions of
this section.
Sec. 32. Section 2 of public act 97-259, as
amended by section 25 of public act 97-11 of the
June 18 special session, is repealed and the
following is substituted in lieu thereof:
(a) As used in [this section,] sections 1 to
4, inclusive, of [this act] PUBLIC ACT 97-259 and
section 17b-749a, AS AMENDED:
(1) "School readiness program" means a
nonsectarian program that (A) meets the standards
set by the department pursuant to subsection (b)
of this section and the requirements of section 3
of [this act] PUBLIC ACT 97-259, and (B) provides
a developmentally appropriate learning experience
of not less than four hundred fifty hours and one
hundred eighty days for eligible children,
PROVIDED, FOR THE FISCAL YEARS ENDING JUNE 30,
1998, AND JUNE 30, 1999, THE COMMISSIONER MAY
APPROVE PROGRAMS THAT PROVIDE LEARNING EXPERIENCES
WHICH ARE FOR LESS THAN SAID HOURS AND DAYS;
(2) "Eligible children" means children three
and four years of age and children five years of
age who are not eligible to enroll in school
pursuant to section 10-15c, AS AMENDED, provided
no child shall participate in a school readiness
program for more than two years;
(3) "Priority school" means a school in which
forty per cent or more of the lunches served are
served to students who are eligible for free or
reduced price lunches pursuant to federal law and
regulations, excluding such a school located in a
priority school district pursuant to section
10-266p, AS AMENDED;
(4) "Severe need school" means a school in a
priority school district pursuant to section
10-266p, AS AMENDED, in which forty per cent or
more of the lunches served are served to students
who are eligible for free or reduced price
lunches;
(5) "Accredited" means accredited by the
National Association for the Education of Young
Children, a Head Start on-site program review
instrument or a successor instrument pursuant to
federal regulations, or otherwise meeting such
criteria as may be established by the
commissioner, in consultation with the
Commissioner of Social Services;
(6) "Approved" means meeting the criteria
established by the commissioner, in consultation
with the Commissioner of Social Services;
(7) "Commissioner" means the Commissioner of
Education; and
(8) "Department" means the Department of
Education.
(b) The Department of Education shall be the
lead agency for school readiness. School readiness
program providers eligible for funding from the
Department of Education shall include local and
regional boards of education, regional educational
service centers, family resource centers and
providers of child day care centers, as defined in
section 19a-77, AS AMENDED, Head Start programs,
preschool programs and other programs that meet
such standards established by the Commissioner of
Education. The department shall establish
standards for school readiness programs. The
standards may include, but need not be limited to,
guidelines for staff-child interactions,
curriculum content, lesson plans, parent
involvement, staff qualifications and training,
and administration. The department shall develop
age-appropriate developmental skills and goals for
children attending such programs. The
commissioner, in consultation with the
Commissioners of Higher Education and Social
Services and other appropriate entities, shall
develop a continuing education training program
for the staff of school readiness programs.
(c) The Commissioner of Education, in
consultation with the Commissioner of Social
Services, shall establish a grant program to
provide spaces in accredited or approved school
readiness programs for eligible children [and] who
reside in priority school districts pursuant to
section 10-266p, AS AMENDED. Under the program,
the grant shall be provided, in accordance with
this section, to the town in which such priority
school district is located. Eligibility shall be
determined for a five-year period based on an
applicant's designation as a priority school
district for the initial year of application.
Grant awards shall be made annually contingent
upon available funding and a satisfactory annual
evaluation. The chief elected official of such
town and the superintendent of schools for such
priority school district shall submit a plan for
the expenditure of grant funds and responses to
the local request for proposal process to the
Departments of Education and Social Services. The
departments shall jointly review such plans and
shall each approve the portion of such plan within
its jurisdiction for funding. The plan shall: (1)
Be developed in consultation with the local school
readiness council established pursuant to section
4 of [this act] PUBLIC ACT 97-259; (2) be based on
a needs and resource assessment; (3) provide for
the issuance of requests for proposals for
providers of accredited or approved school
readiness programs; and (4) identify the need for
funding pursuant to section 17b-749a, AS AMENDED,
in order to extend the hours and days of operation
of school readiness programs in order to provide
child day care services for children attending
such programs.
(d) The Commissioner of Education, in
consultation with the Commissioner of Social
Services, shall establish a competitive grant
program to provide spaces in accredited or
approved school readiness programs for eligible
children [and] who reside in an area served by a
priority school. A town in which such a school is
located or a regional school readiness council,
pursuant to subsection (c) of section 4 of [this
act] PUBLIC ACT 97-259, for a region in which such
a school is located may apply for such a grant in
an amount not to exceed one hundred thousand
dollars per priority school. Eligibility shall be
determined for a five-year period based on an
applicant's designation as having a priority
school for the initial year of application. Grant
awards shall be made annually contingent upon
available funding and a satisfactory annual
evaluation. The chief elected official of such
town and the superintendent of schools of the
school district or the regional school readiness
council shall submit a plan, as described in
subsection (c) of this section, for the
expenditure of such grant funds to the Department
of Education. In awarding grants pursuant to this
subsection, the commissioner shall give preference
to applications submitted by regional school
readiness councils. A town or regional school
readiness council awarded a grant pursuant to this
subsection shall use the funds to purchase spaces
for such children from providers of accredited or
approved school readiness programs.
(e) (1) Eighty-five per cent of the amount
appropriated for purposes of this section shall be
used for the grant program pursuant to subsection
(c) of this section. Priority school districts
shall receive grants based on their proportional
share of the sum of the products obtained by
multiplying the number of enrolled kindergarten
students in each priority school district for the
year prior to the year the grant is to be paid, by
the ratio of the average percentage of free and
reduced price meals for all severe need schools in
such district to the minimum percentage
requirement for severe need school eligibility.
(2) Fourteen per cent of the amount
appropriated for purposes of this section shall be
used for the competitive grant program pursuant to
subsection (d) of this section.
(3) The Department of Education may retain up
to one per cent of the amount appropriated for
purposes of this section for coordination, program
evaluation and administration. [provided such
amount shall not exceed one hundred twenty
thousand dollars in any fiscal year.]
(f) Any school readiness program that receives
funds pursuant to this section shall not
discriminate on the basis of race, color, national
origin, gender, religion or disability. For
purposes of this section, a nonsectarian program
means any public or private school readiness
program that is not violative of the Establishment
Clause of the Constitution of the State of
Connecticut or the Establishment Clause of the
Constitution of the United States of America.
(g) No funds received by a town pursuant to
subsection (c) or (d) of this section shall be
used to supplant federal, state or local funding
received by such town for early childhood
education, PROVIDED A TOWN MAY USE UP TO FIVE PER
CENT BUT NO MORE THAN FIFTY THOUSAND DOLLARS OF
THE AMOUNT RECEIVED PURSUANT TO SUBSECTION (c) OR
(d) OF THIS SECTION FOR COORDINATION, PROGRAM
EVALUATION AND ADMINISTRATION.
(h) FOR THE FISCAL YEARS ENDING JUNE 30, 1998,
AND JUNE 30, 1999, GRANTS PURSUANT TO THIS SECTION
MAY BE USED TO PREPARE A FACILITY OR STAFF FOR
OPERATING A SCHOOL READINESS PROGRAM AND SHALL BE
ADJUSTED BASED ON THE NUMBER OF DAYS OF OPERATION
OF A SCHOOL READINESS PROGRAM IF A SHORTER TERM OF
OPERATION IS APPROVED BY THE COMMISSIONER.
Sec. 33. Section 85 of public act 97-265 is
repealed and the following is substituted in lieu
thereof:
As used in sections [54 to 65] 85 TO 96,
inclusive, of [this act] PUBLIC ACT 97-265:
(1) "Bonds or municipal bonds" means (A) any
bond, note, certificate or other evidence of
indebtedness, and (B) any energy conservation
lease purchase agreement.
(2) "Energy conservation lease purchase
agreement" means an energy conservation lease
purchase agreement, as defined in subdivision (17)
of section 10-282, as amended by section 75 of
[this act] PUBLIC ACT 97-265.
(3) "Interest subsidy grants" means the grant
payments by the state to pay the interest cost on
bonds, or on temporary notes renewed in accordance
with section 7-378a or 7-378e into the third or
any subsequent year of such renewal following the
date of issuance of the original notes, issued by
a town, regional school district or regional
educational service center to finance a school
building project.
(4) "Regional educational service center"
means a body corporate and politic established
pursuant to the provisions of part IVa of chapter
164.
(5) "School building project" means school
building project, as defined in [subsection]
SUBDIVISION (3) of section 10-282, as amended by
section 75 of [this act] PUBLIC ACT 97-265.
Sec. 34. Subsection (f) of section 3 of public
act 97-290 is repealed and the following is
substituted in lieu thereof:
(f) The Department of Education shall provide,
within available appropriations, an annual grant
to THE LOCAL OR REGIONAL BOARD OF EDUCATION FOR
each receiving district in an amount not to exceed
two thousand dollars for each out-of-district
student who attends school in the receiving
district under the program provided, for the
fiscal year ending June 30, 1999, the combined
total of students in the program and the program
established pursuant to section 10-266j, as
amended by section 5 of [this act] PUBLIC ACT
97-290, shall not exceed one thousand students.
EACH TOWN WHICH RECEIVES FUNDS PURSUANT TO THIS
SUBSECTION SHALL MAKE SUCH FUNDS AVAILABLE TO ITS
LOCAL OR REGIONAL BOARD OF EDUCATION IN SUPPLEMENT
TO ANY OTHER LOCAL APPROPRIATION, OTHER STATE OR
FEDERAL GRANT OR OTHER REVENUE TO WHICH THE LOCAL
OR REGIONAL BOARD OF EDUCATION IS ENTITLED.
Sec. 35. Subsection (b) of section 19a-7h of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) For purposes of this section, "health care
provider" means a person who has direct or
supervisory responsibility for the delivery of
immunization including licensed physicians, nurse
practitioners, nurse midwives, physician
assistants and nurses. Each health care provider
who has provided health care to a child listed in
the registry shall report to the commissioner or
his designee sufficient information to identify
the child and the name and date of each vaccine
dose given to that child or when appropriate,
contraindications or exemptions to administration
of each vaccine dose. Reports shall be made by
such means determined by the commissioner to
result in timely reporting. Each health care
provider intending to administer vaccines to any
child listed on the registry and each parent or
guardian of such child shall be provided current
information as contained in the registry on the
immunization status of the child for the purposes
of determining whether additional doses of
recommended routine childhood immunizations are
needed, or to officially document immunization
status to meet state day care or school
immunization entry requirements pursuant to
sections [10-204] 10-204a, 19a-79, AS AMENDED, and
19a-87b, AS AMENDED, and regulations adopted
thereunder. Each director of health of any town,
city or health district shall be provided with
sufficient information on the children who live in
his jurisdiction and who are listed on the
registry to enable determination of which children
are overdue for scheduled immunizations and to
enable provision of outreach to assist in getting
each such child vaccinated.
Sec. 36. Subsection (b) of section 20-195 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Nothing in this chapter shall prevent any
person holding a certificate as school
psychologist or school psychological examiner,
granted by the State Board of Education, from
using such title to describe his activities within
an elementary or secondary school. Nothing in this
chapter shall prevent any person who holds a
standard OR PROFESSIONAL EDUCATOR certificate,
granted by said board, as school psychologist or
school psychological examiner from using such
title to describe his activities within the
private sector. Such activities within the private
sector shall be limited to: (1) Evaluation,
diagnosis, or test interpretation limited to
assessment of intellectual ability, learning
patterns, achievement, motivation, or personality
factors directly related to learning problems in
an educational setting; (2) short-term
professional advisement and interpretive services
with children or adults for amelioration or
prevention of educationally-related problems; (3)
educational or vocational consultation or direct
educational services to schools, agencies,
organizations or individuals, said consultation
being directly related to learning problems; and
[,] (4) development of educational programs such
as designing more efficient and psychologically
sound classroom situations and acting as a
catalyst for teacher involvement in adaptations
and innovations. Section 10-145b and regulations
adopted by the State Board of Education concerning
revocation of a standard OR PROFESSIONAL EDUCATOR
certificate shall apply to a school psychologist
or school psychological examiner who uses such
title to describe activities within the private
sector.
Sec. 37. Subsection (l) of section 10-145b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(l) (1) For certified employees of local and
regional boards of education, except as provided
in this subdivision, each professional educator
certificate shall be valid for five years and
continued every five years thereafter upon the
successful completion of professional development
activities which shall consist of not less than
ninety hours of continuing education, as
determined by the local or regional board of
education in accordance with this section, during
each successive five-year period. SUCH CONTINUING
EDUCATION REQUIREMENT COMPLETED BY CERTIFIED
EMPLOYEES WITH ELEMENTARY OR MIDDLE GRADES
ENDORSEMENTS WHO HOLD A POSITION REQUIRING SUCH AN
ENDORSEMENT SHALL INCLUDE AT LEAST FIFTEEN HOURS
OF TRAINING IN THE USE OF COMPUTERS IN THE
CLASSROOM DURING EACH FIVE-YEAR PERIOD. Such
continuing education completed by (A) the
superintendent of schools and (B) employees
employed in positions requiring an intermediate
administrator or supervisory certificate, or the
equivalent thereof, and whose administrative or
supervisory duties equal at least fifty per cent
of the assigned time of such employee, shall
include at least fifteen hours of training in the
evaluation of teachers pursuant to section 10-151b
during each five-year period. During each
five-year period in which a professional educator
certificate is valid, a holder of such certificate
who has not completed the ninety hours of
continuing education required pursuant to this
subdivision, and who has not been employed while
holding such certificate by a local or regional
board of education for all or part of the
five-year period, shall, upon application, be
reissued such certificate for five years minus any
period of time such holder was employed while
holding such certificate by a local or regional
board of education, provided there shall be only
one such reissuance during each five-year period
in which such certificate is valid. A certified
employee of a local or regional board of education
who is a member of the General Assembly and who
has not completed the ninety hours of continuing
education required pursuant to this subdivision
for continuation of his certificate, upon
application, shall be reissued a professional
educator certificate for a period of time equal to
six months for each year he served in the General
Assembly during the previous five years.
Continuing education hours completed during the
previous five years shall be applied toward such
ninety-hour requirement which shall be completed
during the reissuance period in order for such
employee to be eligible to have his certificate
continued. The cost of the professional
development activities required under this
subsection for certified employees of local or
regional boards of education shall be shared by
the state and local or regional boards of
education, except for those activities identified
by the State Board of Education as the
responsibility of the certificate holder. Each
local and regional board of education shall make
available, annually, at no cost to its certified
employees not fewer than eighteen hours of
professional development activities for continuing
education credit. Such activities may be made
available by a board of education directly,
through a regional educational service center or
cooperative arrangement with another board of
education or through arrangements with any
continuing education provider approved by the
State Board of Education. Local and regional
boards of education shall grant continuing
education credit for professional development
activities which the certified employees of the
board of education are required to attend,
professional development activities offered in
accordance with the plan developed pursuant to
subsection (b) of section 10-220a, or professional
development activities which the board may approve
for any individual certified employee. Each board
of education shall determine the specific
professional development activities to be made
available with the advice and assistance of the
teachers employed by such board, including
representatives of the exclusive bargaining unit
for such teachers pursuant to section 10-153b. The
time and location for the provision of such
activities shall be in accordance with either an
agreement between the board of education and the
exclusive bargaining unit pursuant to said section
10-153b or, in the absence of such agreement or to
the extent such agreement does not provide for the
time and location of all such activities, in
accordance with a determination by the board of
education.
(2) Each local and regional board of education
shall attest to the state Department of Education,
in such form and at such time as the commissioner
shall prescribe, that professional development
activities for which continuing education credit
is granted by the board: (A) Are planned in
response to identified needs, (B) are provided by
qualified instructional personnel, as appropriate,
(C) have the requirements for participation in the
activity shared with participants before the
commencement of the activity, (D) are evaluated in
terms of its effectiveness and its contribution to
the attainment of school or district-wide goals
and (E) are documented in accordance with
procedures established by the State Board of
Education. At the end of each five-year period
each professional educator shall attest to the
state Department of Education, in such form and at
such time as the commissioner shall prescribe,
that the professional educator has successfully
completed ninety hours of continuing education.
(3) In the event that the state Department of
Education notifies the local or regional board of
education that the provisions of subdivision (2)
of this subsection have not been met and that
specific corrective action is necessary, the local
or regional board of education shall take such
corrective action immediately. The department
shall not invalidate continuing education credit
awarded prior to such notice.
Sec. 38. Subsection (c) of section 10-220 of
the general statutes, as amended by section 21 of
public act 97-290, is repealed and the following
is substituted in lieu thereof:
(c) [By November 1, 1994, and annually
thereafter] ANNUALLY, 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] November first. The profile report shall
provide information on measures of (1) student
needs, (2) school resources, INCLUDING
TECHNOLOGICAL RESOURCES AND UTILIZATION OF SUCH
RESOURCES AND INFRASTRUCTURE, (3) student and
school performance, (4) equitable allocation of
resources among its schools, and (5) reduction of
racial, ethnic and economic isolation.
Sec. 39. Subsection (a) of section 10-204a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each local or regional board of education,
or similar body governing a nonpublic school or
schools, shall require each child to be protected
by adequate immunization against diphtheria,
pertussis, tetanus, poliomyelitis, measles, mumps,
rubella, hemophilus influenzae type B and any
other vaccine required by the schedule for active
immunization adopted pursuant to section 19a-7f
before being permitted to enroll in any program
operated by a public or nonpublic school under its
jurisdiction. Before being permitted to enter
seventh grade, a child shall receive a second
immunization against measles. Any such child who
(1) presents a certificate from a physician or
local health agency stating that initial
immunizations have been given to such child and
additional immunizations are in process under
guidelines and schedules specified by the
Commissioner of Public Health; or (2) presents a
certificate from a physician stating that in the
opinion of such physician, such immunization is
medically contraindicated because of the physical
condition of such child; or (3) presents a
statement from the parents or guardian of such
child that such immunization would be contrary to
the religious beliefs of such child; or (4) in the
case of measles, mumps or rubella, presents a
certificate from a physician or from the director
of health in such child's present or previous town
of residence, stating that the child has had a
confirmed case of such disease; or (5) in the case
of hemophilus influenzae type B has passed his
fifth birthday or (6) in the case of pertussis,
has passed his sixth birthday, shall be exempt
from the appropriate provisions of this section.
IF THE PARENTS OR GUARDIANS OF ANY CHILDREN ARE
UNABLE TO PAY FOR SUCH IMMUNIZATIONS, THE EXPENSE
OF SUCH IMMUNIZATIONS SHALL, ON THE
RECOMMENDATIONS OF SUCH BOARD OF EDUCATION, BE
PAID BY THE TOWN.
Sec. 40. Section 10-226a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Each local or regional board of education
shall annually submit to the State Board of
Education at such time and in such manner as
[said] THE STATE board may prescribe such data as
[said] THE STATE board may require in order to
determine the total number of pupils AND TEACHERS
of racial minorities AND PUPILS ELIGIBLE FOR FREE
OR REDUCED PRICE LUNCHES in the schools under the
jurisdiction of each LOCAL OR REGIONAL board and,
in such cases as [said] THE STATE board shall
determine, the number of [such] pupils AND
TEACHERS OF RACIAL MINORITIES AND PUPILS ELIGIBLE
FOR FREE AND REDUCED PRICE LUNCHES in each school
and in each grade.
(b) As used in sections 10-226a to 10-226e,
inclusive, AS AMENDED BY THIS ACT, "pupils AND
TEACHERS of racial minorities" means those whose
racial ancestry [, in whole or in part, is Negro,
Mongolian or Malay and students whose ancestry, in
whole or in part, is Puerto Rican, Mexican
American or American Indian] IS DEFINED AS OTHER
THAN WHITE BY THE BUREAU OF CENSUS OF THE UNITED
STATES DEPARTMENT OF COMMERCE.
Sec. 41. Section 10-226c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any board of education receiving
notification of the existence of racial imbalance
as specified in section 10-226b shall forthwith
prepare a plan to correct such imbalance and file
a copy of said plan with the State Board of
Education. SAID PLAN MAY BE LIMITED TO ADDRESSING
THE IMBALANCE EXISTING AT ANY SCHOOL AND NEED NOT
RESULT IN A DISTRICT-WIDE PLAN OR DISTRICT-WIDE
PUPIL REASSIGNMENT. A SCHOOL DISTRICT MAY REQUEST
AN EXTENSION OF TIME IN CASES IN WHICH THE NUMBER
OF STUDENTS CAUSING SAID IMBALANCE IS FEWER THAN
FIVE STUDENTS AT A SCHOOL.
(b) Any plan submitted by the board of
education of any town under sections 10-226a to
10-226e, inclusive, shall include [the] ANY
proposed changes in existing school attendance
districts, the location of proposed school
building sites as related to the problem, any
proposed additions to existing school buildings
and all other means proposed for the correction of
said racial imbalance. The plan shall include
projections of the expected racial composition of
all public schools in the district. The plan may
include provision for cooperation with other
school districts to assist in the correction of
racial imbalance.
Sec. 42. Section 10-226d of the general
statutes is repealed and the following is
substituted in lieu thereof:
Upon receipt of any plan required under the
provisions of subsection (b) of section 10-226c,
the State Board of Education shall review said
plan. If it determines that the plan is
satisfactory, it shall approve the plan and shall
provide to the board of education such assistance
and services as may be available. The board of
education shall submit [quarterly] ANNUAL reports
on the implementation of the approved plan, as the
State Board of Education may require.
Sec. 43. Section 10-226e of the general
statutes is repealed and the following is
substituted in lieu thereof:
The State Board of Education shall have the
authority to establish regulations for the
operation of sections 10-226a to 10-226e,
inclusive, AS AMENDED BY THIS ACT, including times
and procedures for reports to said board, and the
criteria for approval of plans to correct racial
imbalance and fix standards for determination as
to racial imbalance. Such regulations [may include
separate times and procedures for reports,
criteria for plan approvals and standards for
racial imbalance determinations as alternatives
for school districts with minority student
enrolments of seventy per cent or more] SHALL
INCLUDE VOLUNTARY ENROLMENT PLANS APPROVED BY THE
STATE BOARD OF EDUCATION AS AN ALTERNATIVE TO
MANDATORY PUPIL REASSIGNMENT, ALLOWANCE FOR
DIVERSE SCHOOLS EXISTING IN SCHOOL DISTRICTS WITH
MINORITY ENROLMENTS OF FIFTY PER CENT OR MORE AND
REQUIRE EQUITABLE ALLOCATION OF RESOURCES WITHIN
ANY CITED SCHOOL DISTRICTS.
Sec. 44. Section 10-145b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The State Board of Education, upon receipt
of a proper application, shall issue an initial
educator certificate [or a certificate of
eligibility] to any person who has graduated (1)
from a four-year baccalaureate program of teacher
education as approved by said state board, or (2)
from a four-year baccalaureate program approved by
said state board or from a college or university
accredited by the board of governors or regionally
accredited, provided such person has taken such
teacher training equivalents as the State Board of
Education shall require and, unless such
equivalents are taken at institutions outside of
this state, as the board of governors shall
accredit. In addition, on and after July 1, 1993,
each applicant shall have completed a subject area
major as defined by the State Board of Education.
Each such initial educator certificate shall be
valid for [two] THREE years, except as provided in
subsection (c) of this section, and may be
extended by the Commissioner of Education for an
additional year for good cause upon the request of
the superintendent in whose school district such
person is employed or upon the request of the
assessment team reviewing such person's
performance. [Each such certificate of eligibility
shall be valid for no more than five years and
shall be replaced by an initial educator
certificate upon receipt of proper application by
the State Board of Education.]
(b) During the period of employment in a
public school, a person holding an initial
educator certificate shall (1) be under the
supervision of the superintendent of schools or of
a principal, administrator or supervisor
designated by such superintendent who shall
regularly observe, guide and evaluate the
performance of assigned duties by such holder of
an initial certificate, and (2) participate in a
beginning educator program if there is such a
program for such person's certification
endorsement area.
(c) (1) The State Board of Education, upon
request of a local or regional board of education,
shall issue a temporary ninety-day certificate to
any applicant in the certification endorsement
areas of elementary education, middle grades
education, secondary academic subjects, special
subjects or fields, special education and
administration and supervision when the following
conditions are met:
(A) The employing agent of a board of
education makes a written request for the issuance
of such certificate and attests to the existence
of a special plan for supervision of temporary
ninety-day certificate holders;
(B) The applicant meets the following
requirements, except as otherwise provided in
subparagraph (C) of this subdivision:
(i) Holds a bachelor's degree from an
institution of higher education accredited by the
Board of Governors of Higher Education or
regionally accredited with a major either in or
closely related to the certification endorsement
area in which the requesting board of education is
placing the applicant or, in the case of secondary
or special subject or field endorsement area,
possesses at least the minimum total number of
semester hours of credit required for the content
area;
(ii) Has met the requirements pursuant to
subsection (b) of section 10-145f;
(iii) Presents a written application on such
forms as the Commissioner of Education shall
prescribe;
(iv) Has successfully completed a program of
classroom management and instructional methodology
approved by the State Board of Education and,
within available appropriations, provided under
contract with an institution of higher education
designated by the Department of Higher Education;
(v) Possesses an undergraduate college overall
grade point average of at least "B" or, if the
applicant has completed at least twenty-four hours
of graduate credit, possesses a graduate grade
point average of at least "B"; and
(vi) Presents supporting evidence of
appropriate experience working with children; and
(C) The Commissioner of Education may waive
the requirements of subparagraphs (B)(v) or
(B)(vi), or both, of this subdivision upon a
showing of good cause.
(2) A person serving under a temporary
ninety-day certificate shall participate in a
beginning support and assessment program pursuant
to section 10-220a which is specifically designed
by the state Department of Education for holders
of temporary ninety-day certificates.
(3) Notwithstanding the provisions of
subsection (a) of this section to the contrary, on
and after July 1, 1989, the State Board of
Education, upon receipt of a proper application,
shall issue an initial educator certificate, which
shall be valid for [two] THREE years, to any
person who has taught successfully while holding a
temporary ninety-day certificate and meets the
requirements pursuant to regulations adopted
pursuant to section 10-145d.
(d) On and after July 1, 1986, and prior to
July 1, 1989, a person who has graduated (1) from
a four-year baccalaureate program of teacher
education as approved by the state board, or (2)
from a four-year baccalaureate program approved by
the state board or from a college or university
accredited by the Board of Governors of Higher
Education or regionally accredited, provided such
person has taken such teacher training equivalents
as the State Board of Education shall require and,
unless such equivalents are taken at institutions
outside of this state, as the Board of Governors
of Higher Education shall accredit, shall be
issued upon proper application a provisional
teaching certificate by the state board which
shall be valid for up to ten years.
(e) In order to be eligible to obtain a
provisional teaching certificate, a provisional
educator certificate or an initial educator
certificate, each person shall be required to
complete a course of study in special education
comprised of not fewer than thirty-six hours,
which shall include an understanding of the growth
and development of exceptional children, including
handicapped and gifted and talented children and
children who may require special education, and
methods for identifying, planning for and working
effectively with special needs children in a
regular classroom. Notwithstanding the provisions
of this subsection to the contrary, each applicant
for such certificates who has met all requirements
for certification except the completion of the
course in special education shall be entitled to a
certificate (1) for a period not to exceed one
year, provided the applicant completed a teacher
preparation program either in the state prior to
July 1, 1987, or outside the state, or completed
the necessary combination of professional
experience or coursework as required by the State
Board of Education or (2) for a period not to
exceed two years if the applicant applies for
certification in an area for which a bachelor's
degree is not required.
(f) During the period of employment, a person
holding a provisional teaching certificate
pursuant to subsection (d) of this section shall
be under the direct supervision of the
superintendent of schools or of a principal,
administrator or supervisor designated by such
superintendent who shall regularly observe, guide
and evaluate the performance of assigned duties by
such holder of a provisional teaching certificate
as well as cooperate with and counsel such holder
in accordance with the provisions of sections
10-145a to 10-145d, inclusive, and 10-146b.
(g) On and after July 1, 1989, the State Board
of Education, upon receipt of a proper
application, shall issue a provisional educator
certificate to any person who (1) has successfully
completed a beginning educator program and one
school year of successful teaching as attested to
by the superintendent in whose local or regional
school district such person was employed, (2) has
completed at least three years of successful
teaching in a public or nonpublic school approved
by the State Board of Education or appropriate
governing body in another state within ten years
prior to application for such provisional educator
certificate and has met preparation and
eligibility requirements for an initial educator
certificate, (3) has taught successfully in public
schools in this state for the 1988-1989 school
year under a temporary emergency permit and has
met the preparation and eligibility requirements
for an initial educator certificate or (4) has
successfully taught with a provisional teaching
certificate for the year immediately preceding an
application for a provisional educator certificate
as an employee of a local or regional board of
education or facility approved for special
education by the State Board of Education.
(h) Prior to July 1, 1989, to qualify for a
standard certificate, a person who holds or has
held a provisional teaching certificate pursuant
to subsection (d) of this section shall have
completed thirty credit hours of course work
beyond the baccalaureate degree. Such course work
need not necessarily lead to a master's degree and
may include graduate or undergraduate courses. It
shall consist of (1) a planned program at an
institution of higher education accredited by the
board of governors or regionally accredited or (2)
an individual program which is mutually determined
or approved by the teacher and the supervisory
agent of the local or regional board of education
or by the supervisory agent of a nonpublic school
approved by the State Board of Education and which
is designed to increase the ability of the teacher
to improve student learning. Such an individual
program may include course work taken at one or
more institutions for higher education approved by
the board of governors and may include in-service
programs sponsored by local or regional boards of
education or nonpublic schools approved by the
State Board of Education. Such in-service programs
shall have been approved by the joint subcommittee
of the Board of Governors of Higher Education and
the State Board of Education established pursuant
to section 10-155b of the revision of 1958,
revised to January 1, 1983.
(i) Unless otherwise provided in regulations
adopted under section 10-145d, in not less than
three years nor more than ten years after the
issuance of a provisional teaching certificate
pursuant to subsection (d) of this section and
upon the statement of the employing board of
education or nonpublic school approved by the
State Board of Education that the person who holds
or has held a provisional certificate has a record
of competency in the discharge of his or her
duties during such provisional period, the state
board, upon receipt of a proper application, shall
issue to a person who holds or has held a
provisional certificate, a standard teaching
certificate prior to July 1, 1989, and a
professional educator certificate on or after said
date. A signed recommendation from the
superintendent of schools for the local or
regional board of education or by the
superintendent of a nonpublic school approved by
the State Board of Education shall be evidence of
competency. Such recommendation shall state that
the person who holds or has held a provisional
teaching certificate has successfully completed at
least three school years of satisfactory teaching
for one or more local or regional boards of
education or approved nonpublic schools. Each
applicant for a certificate pursuant to this
subsection shall provide to the Department of
Education, in such manner and form as prescribed
by the commissioner, evidence that the applicant
has successfully completed coursework pursuant to
subsection (h) or (j) of this section, as
appropriate. Any person holding a standard or
permanent certificate on July 1, 1989, shall be
eligible to receive upon application a
professional educator certificate to replace said
standard or permanent certificate. On and after
July 1, 1989, standard and permanent certificates
shall no longer be valid.
(j) On or after July 1, 1989, to qualify for a
professional educator certificate, a person who
holds or has held a provisional educator
certificate under subsection (g) of this section
shall have completed thirty credit hours of course
work beyond the baccalaureate degree. It is not
necessary that such course work be taken for a
master's degree and such work may include graduate
or undergraduate courses. Such course work shall
consist of (1) a planned program at an institution
of higher education accredited by the board of
governors or regionally accredited and shall be
related directly to the subject areas or grade
levels for which the person holds endorsement or
shall be in an area or areas related to the
person's ability to provide instruction
effectively or to meet locally determined goals
and objectives or (2) an individual program which
is mutually determined or approved by the teacher
and the supervisory agent of the local or regional
board of education or by the supervisory agent of
a nonpublic school approved by the State Board of
Education. Such program shall be designed to
increase the ability of the teacher to improve
student learning.
(k) Unless otherwise provided in regulations
adopted under section 10-145d, in not less than
three years nor more than eight years after the
issuance of a provisional educator certificate
pursuant to subsection (g) of this section and
upon the statement of the superintendent in whose
school district such certificate holder was
employed, or the superintendent of a nonpublic
school approved by the State Board of Education,
in whose school such certificate holder was
employed, that the provisional educator
certificate holder and such superintendent have
mutually determined or approved an individual
program pursuant to subdivision (2) of subsection
(j) of this section and upon the statement of such
superintendent that such certificate holder has a
record of competency in the discharge of his
duties during such provisional period, the state
board upon receipt of a proper application shall
issue such certificate holder a professional
educator certificate. A signed recommendation from
the superintendent of schools for the local or
regional board of education or from the
superintendent of a nonpublic school approved by
the State Board of Education shall be evidence of
competency. Such recommendation shall state that
the person who holds or has held a provisional
educator certificate has successfully completed at
least three school years of satisfactory teaching
for one or more local or regional boards of
education or such nonpublic schools. Each
applicant for a certificate pursuant to this
subsection shall provide to the Department of
Education, in such manner and form as prescribed
by the commissioner, evidence that the applicant
has successfully completed coursework pursuant to
subsection (h) or (j) of this section, as
appropriate.
(l) (1) For certified employees of local and
regional boards of education, except as provided
in this subdivision, each professional educator
certificate shall be valid for five years and
continued every five years thereafter upon the
successful completion of professional development
activities which shall consist of not less than
ninety hours of continuing education, as
determined by the local or regional board of
education in accordance with this section, during
each successive five-year period. Such continuing
education completed by (A) the superintendent of
schools and (B) employees employed in positions
requiring an intermediate administrator or
supervisory certificate, or the equivalent
thereof, and whose administrative or supervisory
duties equal at least fifty per cent of the
assigned time of such employee, shall include at
least fifteen hours of training in the evaluation
of teachers pursuant to section 10-151b during
each five-year period. During each five-year
period in which a professional educator
certificate is valid, a holder of such certificate
who has not completed the ninety hours of
continuing education required pursuant to this
subdivision, and who has not been employed while
holding such certificate by a local or regional
board of education for all or part of the
five-year period, shall, upon application, be
reissued such certificate for five years minus any
period of time such holder was employed while
holding such certificate by a local or regional
board of education, provided there shall be only
one such reissuance during each five-year period
in which such certificate is valid. A certified
employee of a local or regional board of education
who is a member of the General Assembly and who
has not completed the ninety hours of continuing
education required pursuant to this subdivision
for continuation of his certificate, upon
application, shall be reissued a professional
educator certificate for a period of time equal to
six months for each year he served in the General
Assembly during the previous five years.
Continuing education hours completed during the
previous five years shall be applied toward such
ninety-hour requirement which shall be completed
during the reissuance period in order for such
employee to be eligible to have his certificate
continued. The cost of the professional
development activities required under this
subsection for certified employees of local or
regional boards of education shall be shared by
the state and local or regional boards of
education, except for those activities identified
by the State Board of Education as the
responsibility of the certificate holder. Each
local and regional board of education shall make
available, annually, at no cost to its certified
employees not fewer than eighteen hours of
professional development activities for continuing
education credit. Such activities may be made
available by a board of education directly,
through a regional educational service center or
cooperative arrangement with another board of
education or through arrangements with any
continuing education provider approved by the
State Board of Education. Local and regional
boards of education shall grant continuing
education credit for professional development
activities which the certified employees of the
board of education are required to attend,
professional development activities offered in
accordance with the plan developed pursuant to
subsection (b) of section 10-220a, or professional
development activities which the board may approve
for any individual certified employee. Each board
of education shall determine the specific
professional development activities to be made
available with the advice and assistance of the
teachers employed by such board, including
representatives of the exclusive bargaining unit
for such teachers pursuant to section 10-153b. The
time and location for the provision of such
activities shall be in accordance with either an
agreement between the board of education and the
exclusive bargaining unit pursuant to said section
10-153b or, in the absence of such agreement or to
the extent such agreement does not provide for the
time and location of all such activities, in
accordance with a determination by the board of
education.
(2) Each local and regional board of education
shall attest to the state Department of Education,
in such form and at such time as the commissioner
shall prescribe, that professional development
activities for which continuing education credit
is granted by the board: (A) Are planned in
response to identified needs, (B) are provided by
qualified instructional personnel, as appropriate,
(C) have the requirements for participation in the
activity shared with participants before the
commencement of the activity, (D) are evaluated in
terms of its effectiveness and its contribution to
the attainment of school or district-wide goals
and (E) are documented in accordance with
procedures established by the State Board of
Education. At the end of each five-year period
each professional educator shall attest to the
state Department of Education, in such form and at
such time as the commissioner shall prescribe,
that the professional educator has successfully
completed ninety hours of continuing education.
(3) In the event that the state Department of
Education notifies the local or regional board of
education that the provisions of subdivision (2)
of this subsection have not been met and that
specific corrective action is necessary, the local
or regional board of education shall take such
corrective action immediately. The department
shall not invalidate continuing education credit
awarded prior to such notice.
(m) The State Board of Education may revoke
any certificate issued pursuant to sections
10-144o to 10-149, inclusive, for any of the
following reasons: (1) The holder of the
certificate obtained such certificate through
fraud or misrepresentation of a material fact; (2)
the holder has persistently neglected to perform
the duties for which certification was granted;
(3) the holder is professionally unfit to perform
the duties for which certification was granted;
(4) the holder is convicted in a court of law of a
crime involving moral turpitude or of any other
crime of such nature that in the opinion of the
board continued certification would impair the
standing of certificates issued by the board; or
(5) other due and sufficient cause. The State
Board of Education shall revoke any certificate
issued pursuant to said sections if the holder is
found to have intentionally disclosed specific
questions or answers to students or otherwise
improperly breached the security of any
administration of a state-wide examination
pursuant to section 10-14n. Revocation shall be in
accordance with procedures established by the
State Board of Education pursuant to chapter 54.
When the Commissioner of Education is notified,
pursuant to section 17a-101i, that a person
holding a certificate issued by the State Board of
Education under the provisions of sections 10-144o
to 10-149, inclusive, has been convicted of a
crime involving an act of child abuse or a
violation of section 53a-71 or section 53a-73a,
any certificate issued by the State Board of
Education and held by such person shall be deemed
revoked and the commissioner shall notify such
person of such revocation, provided such person
may request reconsideration pursuant to
regulations adopted by the State Board of
Education, in accordance with the provisions of
chapter 54. The State Board of Education may deny
an application for certification for any of the
following reasons: (A) The applicant seeks to
obtain a certificate through fraud or
misrepresentation of a material fact; (B) the
applicant has been convicted in a court of law of
a crime involving moral turpitude or of any other
crime of such nature that in the opinion of the
board issuance of a certificate would impair the
standing of certificates issued by the board; or
(C) other due and sufficient cause. Any applicant
denied a certificate shall be notified in writing
of the reasons for denial. Any applicant denied a
certificate may request a review of such denial by
the State Board of Education.
(n) Within thirty days after receipt of
notification, any initial educator certificate
holder who is not granted a provisional educator
certificate, or any provisional certificate holder
who is not granted a standard certificate, or any
provisional educator or provisional teaching
certificate holder who is not granted a
professional educator certificate, or any
professional educator certificate holder who is
not granted a continuation, under the provisions
of sections 10-145a to 10-145d, inclusive, and
10-146b, may appeal to the State Board of
Education for reconsideration. Said board shall
review the records of the appropriate
certification period, hold a hearing within sixty
days if such hearing is requested in writing and
render a written decision within thirty days. Any
teacher aggrieved by the decision of said board
may appeal therefrom in accordance with the
provisions of section 4-183 and such appeal shall
be privileged with respect to assignment thereof.
(o) For the purposes of this section
"supervisory agent" means the superintendent of
schools or the principal, administrator or
supervisor designated by such superintendent to
provide direct supervision to a provisional
certificate holder.
(p) Upon application to the State Board of
Education for the issuance of any certificate in
accordance with this section and section 10-145d
there shall be paid to the board by or on behalf
of the applicant a nonreturnable fee of one
hundred dollars in the case of an applicant for [a
certificate of eligibility or] an initial educator
certificate, two hundred dollars in the case of an
applicant for a provisional educator certificate
and three hundred dollars in the case of an
applicant for a professional educator certificate,
except that applicants for certificates for
teaching adult education programs mandated under
subdivision (1) of subsection (a) of section 10-69
shall pay a fee of fifty dollars; persons eligible
for a certificate or endorsement for which the fee
is less than that applied for shall receive an
appropriate refund; persons not eligible for any
certificate shall receive a refund of the
application fee minus fifty dollars; and persons
holding standard or permanent certificates on July
1, 1989, who apply for professional certificates
to replace the standard or permanent certificates,
shall not be required to pay such a fee. Upon
application to the State Board of Education for
the issuance of a subject area endorsement there
shall be paid to the board by or on behalf of such
applicant a nonreturnable fee of fifty dollars.
With each request for a duplicate copy of any such
certificate or endorsement there shall be paid to
the board a nonreturnable fee of twenty-five
dollars.
Sec. 45. Section 10-373aa of the general
statutes is repealed and the following is
substituted in lieu thereof:
There is established a grant program to
provide [funds] GRANTS AND SUPPORT SERVICES for
local institutions in the humanities, including,
but not limited to libraries, museums and
historical and cultural societies and
associations. The program shall be administered by
the Connecticut Humanities Council*. Grants shall
be made yearly and shall be payable on a matching
basis. [to such local institutions in the ratio of
one dollar for every two dollars raised by the
institutions in contributions from corporate,
foundation and individual sources. No grant under
the program shall exceed twenty-five thousand
dollars] EACH GRANT UNDER THIS SECTION SHALL BE
MATCHED EQUALLY BY THE LOCAL INSTITUTION THROUGH
IN-KIND CONTRIBUTION, MONETARY CONTRIBUTION, OR
ANY COMBINATION OF AN IN-KIND OR MONETARY
CONTRIBUTION. IN THE CASE OF GRANTS IN THE AMOUNT
OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN
TWENTY-FIVE THOUSAND DOLLARS, AT LEAST TWENTY-FIVE
PER CENT OF THE MATCHING CONTRIBUTION BY THE LOCAL
INSTITUTION SHALL BE FROM PRIVATE SOURCES. IN THE
CASE OF GRANTS IN THE AMOUNT OF TWENTY-FIVE
THOUSAND DOLLARS OR MORE, FIFTY PER CENT OF THE
MATCHING CONTRIBUTION BY THE LOCAL INSTITUTION
SHALL BE FROM PRIVATE SOURCES. The council shall
report to the joint standing committees of the
General Assembly having cognizance of
appropriations and [libraries, museums and
historical and cultural associations] LOCAL
HUMANITIES INSTITUTIONS in December of each year
concerning the grants, [made under the program]
SERVICES AND PROGRAMS SUPPORTED UNDER THIS SECTION
and their purposes.
Sec. 46. Subsection (d) of section 10a-139 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) All parking fines imposed upon persons
other than students attending the university
collected by the [state] UNIVERSITY pursuant to
this section [since January 1, 1969] PRIOR TO JULY
1, 2001, shall be remitted to the town of
Mansfield AND A SHARE OF SUCH FINES AS DETERMINED
UNDER AN AGREEMENT BETWEEN THE UNIVERSITY AND THE
TOWN SHALL BE RETURNED TO THE UNIVERSITY. ON AND
AFTER JULY 1, 2001, ALL PARKING FINES IMPOSED
PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE
UNIVERSITY OF CONNECTICUT OPERATING FUND.
Sec. 47. The Board of Trustees for the
Community-Technical Colleges shall develop a plan
for the establishment of an Economic Development
Fund and for the use of such fund by the
community-technical colleges to respond to the
needs of Connecticut's employers and potential
employers in the areas of business development,
job creation and job retention. The plan shall
include the: (1) Development of programs and
curricula to support workforce development; (2)
assessment of and responses to the needs of
employers; (3) delivery of on-campus and on-site
workforce training; and (4) acquisition of
equipment and technology needed for such training.
The board shall submit the plan, in accordance
with the provisions of section 11-4a of the
general statutes, to the joint standing committee
of the General Assembly having cognizance of
matters relating to education by January 1, 1999.
Sec. 48. Section 1 of public act 97-293 is
repealed and the following is substituted in lieu
thereof:
There is established a Higher Education State
Matching Grant Fund to be administered by the
Department of Higher Education. Moneys required to
be appropriated by the state for purposes of the
state match of endowment fund eligible gifts under
subdivision (2) of subsection (a) of section 2 of
[this act] PUBLIC ACT 97-293, subdivision (2) of
subsection (a) of section 3 of [this act] PUBLIC
ACT 97-293, subdivision (2) of subsection (a) of
section 5 of [this act] PUBLIC ACT 97-293 and
subdivision (2) of subsection (b) of section
10a-109i, AS AMENDED, shall be deposited in the
fund. The fund shall be held separate and apart
from all other funds and accounts of the state and
the department. The Department of Higher Education
shall transfer, in accordance with said
subdivisions, from the fund amounts each fiscal
year for deposit in the endowment funds
established for the benefit of each constituent
unit pursuant to subdivision (1) of subsection (a)
of section 2 of [this act] PUBLIC ACT 97-293,
subdivision (1) of subsection (a) of section 3 of
[this act] PUBLIC ACT 97-293, subdivision (1) of
subsection (a) of section 5 of [this act] PUBLIC
ACT 97-293 and subdivision (1) of subsection (b)
of section 10a-109i, AS AMENDED. THE AMOUNT
TRANSFERRED SHALL BE CERTIFIED BASED ON AGREED
UPON PROCEDURES DEVELOPED BY AN INDEPENDENT
CERTIFIED ACCOUNTANT OR, UPON REQUEST, THE
AUDITORS OF PUBLIC ACCOUNTS TO DETERMINE
COMPLIANCE WITH THIS SECTION. SUCH PROCEDURES
SHALL BE MUTUALLY AGREED UPON BY EACH CONSTITUENT
UNIT AND THE DEPARTMENT OF HIGHER EDUCATION PRIOR
TO COMMENCEMENT OF THE CERTIFICATION.
Sec. 49. Subdivision (2) of subsection (a) of
section 2 of public act 97-293 is repealed and the
following is substituted in lieu thereof:
(2) For each of the fiscal years ending June
30, 2000, to June 30, 2009, inclusive, as part of
the state contract with donors of Endowment Fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of [this
act] PUBLIC ACT 97-293, shall deposit in the
Endowment Fund for Charter Oak State College a
grant in an amount equal to half of the total
amount of Endowment Fund eligible gifts received
by or for the benefit of Charter Oak State College
for the calendar year ending the December
thirty-first preceding the commencement of such
fiscal year, as certified by the chairperson of
the Board for State Academic Awards by February
fifteenth to (A) the Secretary of the Office of
Policy and Management, (B) the joint standing
committee of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies, and (C) the
Commissioner of Higher Education, provided such
sums do not exceed the Endowment Fund state grant
maximum commitment for the fiscal year in which
the grant is made. In any such fiscal year in
which the total of the eligible gifts received by
Charter Oak State College exceeds the Endowment
Fund state grant maximum commitment for such
fiscal year the amount in excess of such Endowment
Fund state grant maximum commitment shall be
carried forward and be eligible for a matching
state grant in any succeeding fiscal year from the
fiscal year ending June 30, 2000, to the fiscal
year ending June 30, 2009, inclusive, subject to
the Endowment Fund state grant maximum commitment.
ANY ENDOWMENT FUND ELIGIBLE GIFTS THAT ARE NOT
INCLUDED IN THE TOTAL AMOUNT OF ENDOWMENT FUND
ELIGIBLE GIFTS CERTIFIED BY THE CHAIRPERSON OF THE
BOARD FOR STATE ACADEMIC AWARDS PURSUANT TO THIS
SUBDIVISION MAY BE CARRIED FORWARD AND BE ELIGIBLE
FOR A MATCHING STATE GRANT IN ANY SUCCEEDING
FISCAL YEAR FROM THE FISCAL YEAR ENDING JUNE 30,
2000, TO THE FISCAL YEAR ENDING JUNE 30, 2009,
INCLUSIVE, SUBJECT TO THE ENDOWMENT FUND STATE
MATCHING GRANT MAXIMUM COMMITMENT FOR SUCH FISCAL
YEAR.
Sec. 50. Subdivision (2) of subsection (a) of
section 3 of public act 97-293 is repealed and the
following is substituted in lieu thereof:
(2) For each of the fiscal years ending June
30, 2000, to June 30, 2009, inclusive, as part of
the state contract with donors of Endowment Fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of [this
act] PUBLIC ACT 97-293, shall deposit in the
Endowment Fund for the community-technical college
system a grant in an amount equal to half of the
total amount of Endowment Fund eligible gifts
received by or for the benefit of the
community-technical college system as a whole and
each regional community-technical college for the
calendar year ending the December thirty-first
preceding the commencement of such fiscal year, as
certified by the chairperson of the board of
trustees by February fifteenth to (A) the
Secretary of the Office of Policy and Management,
(B) the joint standing committee of the General
Assembly having cognizance of matters relating to
appropriations and the budgets of state agencies,
and (C) the Commissioner of Higher Education,
provided such sums do not exceed the Endowment
Fund state grant maximum commitment for the fiscal
year in which the grant is made. In any such
fiscal year in which the total of the eligible
gifts received by the community-technical colleges
exceeds the Endowment Fund state grant maximum
commitment for such fiscal year the amount in
excess of such Endowment Fund state grant maximum
commitment shall be carried forward and be
eligible for a matching state grant in any
succeeding fiscal year from the fiscal year ending
June 30, 2000, to the fiscal year ending June 30,
2009, inclusive, subject to the Endowment Fund
state grant maximum commitment. ANY ENDOWMENT FUND
ELIGIBLE GIFTS THAT ARE NOT INCLUDED IN THE TOTAL
AMOUNT OF ENDOWMENT FUND ELIGIBLE GIFTS CERTIFIED
BY THE CHAIRPERSON OF THE BOARD OF TRUSTEES
PURSUANT TO THIS SUBDIVISION MAY BE CARRIED
FORWARD AND BE ELIGIBLE FOR A MATCHING STATE GRANT
IN ANY SUCCEEDING FISCAL YEAR FROM THE FISCAL YEAR
ENDING JUNE 30, 2000, TO THE FISCAL YEAR ENDING
JUNE 20, 2009, INCLUSIVE, SUBJECT TO THE ENDOWMENT
FUND STATE MATCHING GRANT COMMITMENT FOR SUCH
FISCAL YEAR.
Sec. 51. Subdivision (2) of subsection (a) of
section 5 of public act 97-293 is repealed and the
following is substituted in lieu thereof:
(2) For each of the fiscal years ending June
30, 2000, to June 30, 2009, inclusive, as part of
the state contract with donors of endowment fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of [this
act] PUBLIC ACT 97-293, shall deposit in the
Endowment Fund for the Connecticut State
University system a grant in an amount equal to
half of the total amount of Endowment Fund
eligible gifts received by or for the benefit of
the Connecticut State University system as a whole
and each state university for the calendar year
ending the December thirty-first preceding the
commencement of such fiscal year, as certified by
the chairperson of the board of trustees by
February fifteenth to (A) the Secretary of the
Office of Policy and Management, (B) the joint
standing committee of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies, and (C) the
Commissioner of Higher Education, provided such
sums do not exceed the Endowment Fund state grant
maximum commitment for the fiscal year in which
the grant is made. In any such fiscal year in
which the total of the eligible gifts received by
the Connecticut State University system as a whole
and each state university exceed the Endowment
Fund state grant maximum commitment for such
fiscal year the amount in excess of such Endowment
Fund state grant maximum commitment shall be
carried forward and be eligible for a matching
state grant in any succeeding fiscal year from the
fiscal year ending June 30, 2000, to the fiscal
year ending June 30, 2009, inclusive, subject to
the Endowment Fund state grant maximum commitment.
ANY ENDOWMENT FUND ELIGIBLE GIFTS THAT ARE NOT
INCLUDED IN THE TOTAL AMOUNT OF ENDOWMENT FUND
ELIGIBLE GIFTS CERTIFIED BY THE CHAIRPERSON OF THE
BOARD OF TRUSTEES PURSUANT TO THIS SUBDIVISION MAY
BE CARRIED FORWARD AND BE ELIGIBLE FOR A MATCHING
STATE GRANT IN ANY SUCCEEDING FISCAL YEAR FROM THE
FISCAL YEAR ENDING JUNE 30, 2000, TO THE FISCAL
YEAR ENDING JUNE 30, 2009, INCLUSIVE, SUBJECT TO
THE ENDOWMENT FUND STATE MATCHING GRANT MAXIMUM
COMMITMENT FOR SUCH FISCAL YEAR.
Sec. 52. Subparagraph (A) of subdivision (2)
of subsection (b) of section 10a-109i of the
general statutes, as amended by section 8 of
public act 97-293, is repealed and the following
is substituted in lieu thereof:
(2) (A) For each of the fiscal years ending
June 30, 1999, to June 30, 2007, inclusive, as
part of the state contract with donors of
Endowment Fund eligible gifts, the Department of
Higher Education, in accordance with section 1 of
[this act] PUBLIC ACT 97-293, shall deposit in the
Endowment Fund for the university a grant in an
amount equal to half of the total amount of
Endowment Fund eligible gifts, except as provided
in this subparagraph, received by the university
or for the benefit of the university for the
calendar year ending the December thirty-first
preceding the commencement of such fiscal year, as
certified by the chairperson of the board of
trustees by February fifteenth to (i) the
Secretary of the Office of Policy and Management,
(ii) the joint standing committee of the General
Assembly having cognizance of matters relating to
appropriations and the budgets of state agencies,
and (iii) the Commissioner of Higher Education,
provided such sums do not exceed the Endowment
Fund state grant maximum commitment for the fiscal
year in which the grant is made. For the fiscal
years ending June 30, 1999, and June 30, 2000, the
Department of Higher Education shall deposit in
the Endowment Fund for the university grants in
total amounts which shall not exceed the Endowment
Fund state grant, as defined in subdivision (7) of
section 10a-109c of the general statutes, revision
of 1958, revised to January 1, 1997, and which
shall be equal to the amounts certified by the
chairperson of the board of trustees for each such
fiscal year of Endowment Fund eligible gifts
received by the university or for the benefit of
the university and for which written commitments
were made prior to July 1, 1997. For the fiscal
year ending June 30, 1999, the funds required to
be deposited in the Endowment Fund pursuant to
this subparagraph shall be appropriated to the
university for such purpose and not appropriated
to the fund established pursuant to section 1 of
[this act] PUBLIC ACT 97-293. In any such fiscal
year in which the eligible gifts received by the
university exceed the Endowment Fund state grant
maximum commitment for such fiscal year the amount
in excess of such Endowment Fund state grant
maximum commitment for such fiscal year, shall be
carried forward and be eligible for a matching
state grant in any succeeding fiscal year from the
fiscal year ending June 30, 1999, to the fiscal
year ending June 30, 2007, inclusive, subject to
the Endowment Fund state grant maximum commitment
for such fiscal year. ANY ENDOWMENT FUND ELIGIBLE
GIFTS THAT ARE NOT INCLUDED IN THE TOTAL AMOUNT OF
ENDOWMENT FUND ELIGIBLE GIFTS CERTIFIED BY THE
CHAIRPERSON OF THE BOARD OF TRUSTEES PURSUANT TO
THIS SUBPARAGRAPH MAY BE CARRIED FORWARD AND BE
ELIGIBLE FOR A MATCHING STATE GRANT IN ANY
SUCCEEDING FISCAL YEAR FROM THE FISCAL YEAR ENDING
JUNE 30, 2000, TO THE FISCAL YEAR ENDING JUNE 30,
2007, INCLUSIVE, SUBJECT TO THE ENDOWMENT FUND
STATE MATCHING GRANT MAXIMUM COMMITMENT FOR SUCH
FISCAL YEAR.
Sec. 53. Subsection (b) of section 10-4e of
the general statutes, as amended by section 21 of
public act 97-9 of the June 18 special session, is
repealed and the following is substituted in lieu
thereof:
(b) Said committee shall (1) develop and
maintain a long-range plan and make related
recommendations for the coordination of
educational technology, [and] (2) work in
conjunction with the Department of Public Utility
Control to establish quality standards for the
provision of instructional and educational
programming, including credit and noncredit
instructional programs for the general public, by
a community antenna television company, as defined
in section 16-1, AND (3) ESTABLISH A METHODOLOGY
TO DESIGN, IMPLEMENT AND MEASURE EDUCATIONAL
TECHNOLOGY INVESTMENTS BY THE STATE TO ENSURE
EQUALITY IN AND CONFORMITY TO SERVICE LEVELS.
Sec. 54. Section 10a-163a of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Board of Governors of Higher Education is
authorized to establish and administer a fund to
be known as the Teacher Incentive Loan Program
Fund and a fund to be known as the Academic
Scholarship Loan Program Fund. All teacher
incentive or academic scholarship loans and
interest repayments made to the Board of Governors
of Higher Education and all unexpended balances of
allocations made pursuant to subdivision (2) of
subsection (c) of section 8 of special act 82-46,
as amended by section 3 of public act 83-556 and
section 5 of public act 85-479, shall be added to
the respective funds. The Board of Governors of
Higher Education may (1) make expenditures from
these funds to provide for: (A) Administrative and
loan servicing costs; and (B) teacher incentive or
academic scholarship loans as authorized under
subsection (m) of section 2 of special act 82-46,
as amended by section 2 of public act 83-556 and
section 4 of public act 85-479 and (2) on and
after July 1, 1995, transfer moneys, received as
repayment of loans, from these funds to the
appropriation to the Department of Higher
Education for [scholastic achievement] CAPITOL
SCHOLARSHIP grants pursuant to section 10a-169, AS
AMENDED BY THIS ACT. These funds shall not lapse
or revert to the General Fund of the state.
Sec. 55. Section 10a-169 of the general
statutes is repealed and the following is
substituted in lieu thereof:
For the fiscal year commencing on July 1,
1987, and thereafter, any student (1) who is a
resident of the state as defined under sections
10a-28, 10a-29 and 10a-30, (2) who has not
received a baccalaureate degree and (3) who has
been accepted for study on a full-time or
part-time basis at any postsecondary school,
technical institute, college or university within
the state or in any other state which permits its
students to bring state student financial
assistance funds into Connecticut shall be
eligible for financial assistance under the [state
scholastic achievement] CAPITOL SCHOLARSHIP grant
program at any stage of postsecondary study. All
such institutions shall be previously approved or
accredited by the Board of Governors of Higher
Education or by the State Board of Education for
postsecondary study. Grants under said program
shall be based on financial need and either
previous high school academic achievement or
performance on standardized academic aptitude
tests, as determined by the Board of Governors of
Higher Education. The maximum award tendered to a
student attending an institution in the state
shall not exceed two thousand dollars annually.
The maximum award tendered to a student attending
an out-of-state institution shall not exceed five
hundred dollars annually. Sums so awarded shall be
disbursed by the accepting institution on behalf
of the student for tuition fees, books, board or
any legitimate educational expense.
Sec. 56. Subsection (b) of section 19a-77 of
the general statutes, as amended by section 32 of
public act 97-259, is repealed and the following
is substituted in lieu thereof:
(b) For registration and licensing requirement
purposes, child day care services shall not
include such services which are (1) administered
by a public school system, (2) administered by a
private school which is in compliance with section
10-188 and is approved by the State Board of
Education or is accredited by an accrediting
agency recognized by the State Board of Education,
(3) recreation operations such as but not limited
to CREATIVE ART STUDIOS FOR CHILDREN THAT OFFER
PARENT-CHILD RECREATIONAL PROGRAMS AND CLASSES IN
MUSIC, DANCE, DRAMA AND ART THAT ARE NO LONGER
THAN TWO HOURS IN LENGTH, library programs, boys'
and girls' clubs, church-related activities,
scouting, camping or community-youth programs, (4)
informal arrangements among neighbors or relatives
in their own homes, or (5) drop-in supplementary
child care operations where parents are on the
premises for educational or recreational purposes
and the child receives such care infrequently. For
purposes of subdivision (4) of this subsection,
the term "relative" is limited to any of the
following degrees of kinship by blood or marriage
to the child being cared for or to a parent of the
child: Child, grandchild, sibling, niece, nephew,
aunt, uncle or child of one's aunt or uncle.
Sec. 57. (a) Notwithstanding the provisions of
any section of the general statutes or any special
act, the state of Connecticut, acting by the State
Treasurer, may convey to the city of New Britain a
tract of land located in the city of New Britain
on the campus of Central Connecticut State
University between Maloney Hall and Welte Hall and
the city of New Britain may accept the conveyance
for the sole purpose of constructing on such land
a parking garage at Central Connecticut State
University.
(b) The city of New Britain, acting by and
through the New Britain parking authority,
notwithstanding any provisions of the general
statutes, the charter of the city of New Britain,
any special act or ordinance, or any other
provision of law including local zoning laws, may
in consultation with the Board of Trustees of the
Connecticut State University System or its
designated representatives, and subject to the
approval of the said board of trustees, prepare
plans and specifications for the construction of
the parking garage and may construct such garage.
(c) The state of Connecticut, acting by the
Board of Trustees for the Connecticut State
University System, represented by its chairman or
other officer so designated by resolution of the
board, and the city of New Britain, acting by the
New Britain parking authority, represented by its
chairman or other officer so designated by
resolution of the authority, may execute a lease
to the Board of Trustees for the Connecticut State
University System for a period of twenty-five
years, notwithstanding any other provision of the
general statutes concerning lease periods,
pursuant to a net lease which requires the lessee
to pay all expenses of operation, maintenance,
repairs and insurance, and an annual rental
sufficient to pay the principal of such bonds,
together with the interest on such bonds, as shall
be issued by the city of New Britain pursuant to
subdivision (2) of subsection (d) of this section.
(d) (1) The common council of the city of New
Britain may provide, by ordinance, for the
issuance of general obligation bonds and notes in
an amount not exceeding twelve million dollars to
finance construction of the parking garage and
appurtenant facilities at Central Connecticut
State University. Notwithstanding the provisions
of sections 7-206 and 7-371 of the general
statutes or any other provision of law, such bonds
shall be dated, shall bear interest at a rate or
rates not exceeding seven per cent per annum, and
shall mature at such time or times over a period
not exceeding twenty-five years from their date on
a maturity schedule that will substantially
equalize the payment of principal and interest
annually, as may be provided by the common council
prior to the issuance of such bonds. The common
council shall determine the form of such bonds,
including any interest coupons to be attached to
the bonds, the manner of execution of the bonds
and the bank or trust company to act as certifying
agent, and shall fix the denominations of such
bonds and the place or places of payment of
principal and interest on the bonds. All bonds
issued under the provisions of this section shall
be negotiable instruments under the provisions of
the general statutes and shall be exempt, both as
to principal and interest, from taxation by the
state of Connecticut or any subdivision of the
state. Such bonds may be sold in such manner and
for such price as is determined to be for the best
interest of the city, but no such sale shall be
made at a price so low as to require the payment
of interest on the money received therefor at more
than seven per cent per annum, computed with
relation to the absolute maturity or maturities of
the bonds in accordance with standard tables of
bond values.
(2) Bonds and notes issued under the
provisions of this section shall not be subject to
any statutory limitation on the indebtedness of
the city and such bonds and notes when issued
shall not be included in computing the aggregate
indebtedness of the city in respect of any such
limitation.
(e) The city shall convey the land with the
parking garage and appurtenant facilities to the
Board of Trustees for the Connecticut State
University System without consideration but only
after receipt of sufficient funds to the principal
of and interest on said bonds and only when the
terms and conditions of the lease agreement
entered into between the Board of Trustees for the
Connecticut State University System and the city
of New Britain, acting by the New Britain parking
authority, shall have been fully performed.
Sec. 58. Subdivision (20) of subsection (a) of
section 12-701 of the general statutes, as amended
by section 9 of public act 97-309, is repealed and
the following is substituted in lieu thereof:
(20) "Connecticut adjusted gross income" means
adjusted gross income, with the following
modifications: (A) There shall be added thereto
(i) to the extent not properly includable in gross
income for federal income tax purposes, any
interest income from obligations issued by or on
behalf of any state, political subdivision
thereof, or public instrumentality, state or local
authority, district or similar public entity,
exclusive of such income from obligations issued
by or on behalf of the state of Connecticut, any
political subdivision thereof, or public
instrumentality, state or local authority,
district or similar public entity created under
the laws of the state of Connecticut and exclusive
of any such income with respect to which taxation
by any state is prohibited by federal law, (ii)
any exempt-interest dividends, as defined in
Section 852(b)(5) of the Internal Revenue Code,
exclusive of such exempt-interest dividends
derived from obligations issued by or on behalf of
the state of Connecticut, any political
subdivision thereof, or public instrumentality,
state or local authority, district or similar
public entity created under the laws of the state
of Connecticut and exclusive of such
exempt-interest dividends derived from
obligations, the income with respect to which
taxation by any state is prohibited by federal
law, (iii) any interest or dividend income on
obligations or securities of any authority,
commission or instrumentality of the United States
which federal law exempts from federal income tax
but does not exempt from state income taxes, (iv)
to the extent included in gross income for federal
income tax purposes for the taxable year, the
total taxable amount of a lump sum distribution
for the taxable year deductible from such gross
income in calculating federal adjusted gross
income, (v) to the extent properly includable in
determining the net gain or loss from the sale or
other disposition of capital assets for federal
income tax purposes, any loss from the sale or
exchange of obligations issued by or on behalf of
the state of Connecticut, any political
subdivision thereof, or public instrumentality,
state or local authority, district or similar
public entity created under the laws of the state
of Connecticut, in the income year such loss was
recognized, (vi) to the extent deductible in
determining federal adjusted gross income, any
income taxes imposed by this state, (vii) to the
extent deductible in determining federal adjusted
gross income, any interest on indebtedness
incurred or continued to purchase or carry
obligations or securities the interest on which is
exempt from tax under this chapter and (viii)
expenses paid or incurred during the taxable year
for the production or collection of income which
is exempt from taxation under this chapter or the
management, conservation or maintenance of
property held for the production of such income,
and the amortizable bond premium for the taxable
year on any bond the interest on which is exempt
from tax under this chapter to the extent that
such expenses and premiums are deductible in
determining federal adjusted gross income. (B)
There shall be subtracted therefrom (i) to the
extent properly includable in gross income for
federal income tax purposes, any income with
respect to which taxation by any state is
prohibited by federal law, (ii) to the extent
allowable under section 12-718, exempt dividends
paid by a regulated investment company, (iii) the
amount of any refund or credit for overpayment of
income taxes imposed by this state, or any other
state of the United States or a political
subdivision thereof, or the District of Columbia
or any province of Canada, to the extent properly
includable in gross income for federal income tax
purposes, (iv) to the extent properly includable
in gross income for federal income tax purposes,
any tier 1 railroad retirement benefits, (v) with
respect to any natural person who is a shareholder
of an S corporation which is carrying on, or which
has the right to carry on, business in this state,
as said term is used in section 12-214, the amount
of such shareholder's pro rata share of such
corporation's nonseparately computed items, as
defined in Section 1366 of the Internal Revenue
Code, that is subject to tax under chapter 208, in
accordance with subsection (c) of section 12-217,
AS AMENDED, multiplied by such corporation's
apportionment fraction, if any, as determined in
accordance with section 12-218, AS AMENDED, (vi)
to the extent properly includable in gross income
for federal income tax purposes, any interest
income from obligations issued by or on behalf of
the state of Connecticut, any political
subdivision thereof, or public instrumentality,
state or local authority, district or similar
public entity created under the laws of the state
of Connecticut, (vii) to the extent properly
includable in determining the net gain or loss
from the sale or other disposition of capital
assets for federal income tax purposes, any gain
from the sale or exchange of obligations issued by
or on behalf of the state of Connecticut, any
political subdivision thereof, or public
instrumentality, state or local authority,
district or similar public entity created under
the laws of the state of Connecticut, in the
income year such gain was recognized, (viii) any
interest on indebtedness incurred or continued to
purchase or carry obligations or securities the
interest on which is subject to tax under this
chapter but exempt from federal income tax, to the
extent that such interest on indebtedness is not
deductible in determining federal adjusted gross
income and is attributable to a trade or business
carried on by such individual, (ix) ordinary and
necessary expenses paid or incurred during the
taxable year for the production or collection of
income which is subject to taxation under this
chapter but exempt from federal income tax, or the
management, conservation or maintenance of
property held for the production of such income,
and the amortizable bond premium for the taxable
year on any bond the interest on which is subject
to tax under this chapter but exempt from federal
income tax, to the extent that such expenses and
premiums are not deductible in determining federal
adjusted gross income and are attributable to a
trade or business carried on by such individual,
[and] (x) an amount equal to the difference
between the amount of Social Security benefits
includable for federal income tax purposes under
the provisions of Section 13215 of the Omnibus
Budget Reconciliation Act of 1993 and fifty per
cent of the amount of such Social Security
benefits includable for federal income tax
purposes under the 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, prior to
August 10, 1993, AND (xi) TO THE EXTENT PROPERLY
INCLUDABLE IN THE GROSS INCOME FOR FEDERAL INCOME
TAX PURPOSES OF A DESIGNATED BENEFICIARY, ANY
DISTRIBUTION TO SUCH BENEFICIARY FROM ANY
QUALIFIED STATE TUITION PROGRAM, AS DEFINED IN
SECTION 529(b) OF THE INTERNAL REVENUE CODE,
ESTABLISHED AND MAINTAINED BY THIS STATE OR ANY
OFFICIAL, AGENCY OR INSTRUMENTALITY OF THE STATE.
With respect to a person who is the beneficiary of
a trust or estate, there shall be added or
subtracted, as the case may be, from adjusted
gross income such person's share, as determined
under section 12-714, in the Connecticut fiduciary
adjustment.
Sec. 59. Section 3-31b of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Notwithstanding any contrary provision of
law, the State Treasurer may establish one or more
combined investment funds for the purpose of
investing funds for which the Treasurer is
custodian or trustee, OR FUNDS WHICH THE BOARDS OF
TRUSTEES OF THE UNIVERSITY OF CONNECTICUT, THE
CONNECTICUT STATE UNIVERSITY SYSTEM OR THE
REGIONAL COMMUNITY-TECHNICAL COLLEGES REQUEST THE
TREASURER TO INVEST PURSUANT TO THIS SECTION,
provided the Treasurer shall adopt appropriate
accounting procedures from which the exact
interest of such funds so combined for investment
can be determined. The State Treasurer is
authorized to sell to all agencies,
instrumentalities and political subdivisions of
the state, participation units in any such
combined investment fund established by him
pursuant to this section. Such participation units
issued by the Treasurer under the provisions of
this section are made legal investments for all
the funds of, held by or administered by all
agencies, instrumentalities and political
subdivisions of the state. The Treasurer may adopt
such rules and regulations as may be necessary to
administer the provisions of this section.
(b) All costs of operating each such combined
investment fund, including the cost of personnel
and contractual services shall be paid by the
Treasurer charging the income derived from said
fund.
Sec. 60. Subsection (a) of section 5 of public
act 97-293 is repealed and the following is
substituted in lieu thereof:
(a) (1) The Board of Trustees of the
Connecticut State University System shall
establish a permanent Endowment Fund for the
Connecticut State University System to encourage
donations from the private sector, with an
incentive in the form of an endowment fund state
grant, the net earnings on the principal of which
are dedicated and made available to a state
university or the Connecticut State University
system as a whole, for endowed professorships,
scholarships and programmatic enhancements. The
fund shall be administered by the board of
trustees, or by a nonprofit entity entrusted for
such purpose and qualified as a Section 501(c)(3)
organization 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 preferably constituted and
controlled independent of the state and university
so as to qualify the interest on state bonds the
proceeds of which have been granted for deposit in
the endowment fund as excludable from federal
taxation under such code and shall, in any event,
be held in a trust fund [with a bank or trust
company] separate and apart from all other funds
and accounts of the state and university. There
shall be deposited into the fund: (A) Endowment
fund state grants; and (B) interest or other
[income earned on] EARNINGS FROM the investment of
moneys in the endowment fund pending application
or transfer or use of earnings on the principal of
the fund for the purposes identified in this
subdivision. Endowment fund eligible gifts made on
behalf of a state university or the system as a
whole shall be deposited in a permanent endowment
fund created for each such state university and
the system as a whole in the appropriate
foundation established pursuant to sections 4-37e
and 4-37f. A portion of the interest income earned
on investments in the endowment fund established
pursuant to this section to be used for the
purposes described in this subdivision shall be
transferred to such a state university endowment
fund based on the ratio of the total amount of
such gifts made to such state university to the
total amount of all such gifts made to all the
state universities and the system as a whole.
(2) For each of the fiscal years ending June
30, 2000, to June 30, 2009, inclusive, as part of
the state contract with donors of endowment fund
eligible gifts, the Department of Higher
Education, in accordance with section 1 of [this
act] PUBLIC ACT 97-293, shall deposit in the
Endowment Fund for the Connecticut State
University System a grant in an amount equal to
half of the total amount of endowment fund
eligible gifts received by or for the benefit of
the Connecticut State University system as a whole
and each state university for the calendar year
ending the December thirty-first preceding the
commencement of such fiscal year, as certified by
the chairperson of the board of trustees by
February fifteenth to (A) the Secretary of the
Office of Policy and Management, (B) the joint
standing committee of the General Assembly having
cognizance of matters relating to appropriations
and the budgets of state agencies, and (C) the
Commissioner of Higher Education, provided such
sums do not exceed the endowment fund state grant
maximum commitment for the fiscal year in which
the grant is made. In any such fiscal year in
which the total of the eligible gifts received by
the Connecticut State University system as a whole
and each state university exceed the endowment
fund state grant maximum commitment for such
fiscal year the amount in excess of such endowment
fund state grant maximum commitment shall be
carried forward and be eligible for a matching
state grant in any succeeding fiscal year from the
fiscal year ending June 30, 2000, to the fiscal
year ending June 30, 2009, inclusive, subject to
the endowment fund state grant maximum commitment.
(3) The Board of Trustees of the Connecticut
State University System shall adopt, by October 1,
1997, guidelines with respect to (A) the
solicitation of endowment fund eligible gifts from
private donors, and (B) governing the acceptance
of gifts made by a foundation established pursuant
to sections 4-37e and 4-37f, to a state university
or its employees for reimbursement of expenditures
or payment of expenditures on behalf of a state
university or its employees. Private donations
shall not be construed to include proceeds of
federal grants but may include proceeds of
municipal grants.
Sec. 61. (NEW) The Board of Trustees for the
Connecticut State University System shall: (1)
Consolidate the purchasing process for the system
at the central office; (2) expedite the purchasing
process by adjusting policies and utilizing
enabling technologies; and (3) redesign and train
central purchasing personnel to focus on customer
service, vendor management activities and the
establishment of system contracts.
Sec. 62. Notwithstanding any provision of
chapter 66 of the general statutes, any former
member of the General Assembly who (1) served
between January 7, 1981, and January 7, 1987, and
(2) was previously employed by The University of
Connecticut Educational Properties, Incorporated
(UCEPI) for at least nine years between August 1,
1986, and September 30, 1996, may elect to become
a member of tier I of the state employees
retirement system for such periods provided such
former member (A) provides written notification of
his election to the State Employees Retirement
Commission not later than October 1, 1998, and (B)
makes retirement contributions for each year of
his service as a member of the General Assembly
and as an employee of UCEPI, based upon his salary
for such year, equal to those he would have made
had he been a member of tier I of the state
employees retirement system during such periods,
plus interest thereon at the rate of five per cent
per year from the date of his entry into such
service to the date of payment. No such service
credit shall be granted until payment of all
contributions and interest is completed.
Sec. 63. Subsection (c) of section 10-264h of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) (1) If the school building ceases to be
used [for the purposes for which] AS AN
INTERDISTRICT MAGNET SCHOOL FACILITY AND the grant
was provided FOR THE PURCHASE OR CONSTRUCTION OF
THE FACILITY, the commissioner shall determine
whether [(1)] (A) title to the building and any
legal interest in appurtenant land shall revert to
the state or [(2)] (B) the school district shall
reimburse the state an amount equal to the
difference between the amount received pursuant to
this section and the amount the district would
have been eligible to receive based on the
percentage determined pursuant to section 10-285a,
AS AMENDED, multiplied by the estimated eligible
project costs. (2) IF THE SCHOOL BUILDING CEASES
TO BE USED AS AN INTERDISTRICT MAGNET SCHOOL
FACILITY AND THE GRANT WAS PROVIDED FOR THE
EXTENSION OR MAJOR ALTERATION OF THE FACILITY, THE
SCHOOL DISTRICT SHALL REIMBURSE THE STATE THE
AMOUNT DETERMINED IN ACCORDANCE WITH SUBPARAGRAPH
(B) OF SUBDIVISION (1) OF THIS SUBSECTION. A
SCHOOL DISTRICT RECEIVING A REQUEST FOR
REIMBURSEMENT PURSUANT TO THIS SUBDIVISION SHALL
REIMBURSE THE STATE NOT LATER THAN THE CLOSE OF
THE FISCAL YEAR FOLLOWING THE YEAR IN WHICH THE
REQUEST IS MADE. IF THE SCHOOL DISTRICT FAILS TO
SO REIMBURSE THE STATE, THE DEPARTMENT OF
EDUCATION MAY WITHHOLD SUCH AMOUNT FROM THE TOTAL
SUM WHICH IS PAID FROM THE STATE TREASURY TO SUCH
SCHOOL DISTRICT OR THE TOWN IN WHICH IT IS LOCATED
OR, IN THE CASE OF A REGIONAL SCHOOL DISTRICT, THE
TOWNS WHICH COMPRISE THE SCHOOL DISTRICT. IF THE
AMOUNT PAID FROM THE STATE TREASURY IS LESS THAN
THE AMOUNT DUE, THE DEPARTMENT MAY REFER THE
MATTER TO THE DEPARTMENT OF ADMINISTRATIVE
SERVICES FOR COLLECTION.
Sec. 64. (NEW) (a) As used in this section,
"local highway" means a highway that is under the
control of a town, city or borough; and "local
traffic authority" means the traffic authority of
a town, city or borough.
(b) (1) At the request of the legislative body
of a town, city or borough, the State Traffic
Commission may designate as a school zone any part
of a state highway that is adjacent to school
property or is, in the opinion of the commission,
sufficiently close to school property as to
constitute a risk to the public safety under all
the circumstances. At the request of such
legislative body, the commission may revoke any
such designation. (2) A local traffic authority
may designate as a school zone, and may revoke any
such designation, any part of a local highway that
is adjacent to school property or is, in the
opinion of the local traffic authority,
sufficiently close to school property as to
constitute a risk to the public safety under all
the circumstances.
(c) The Superior Court shall impose an
additional fee equivalent to one hundred per cent
of the fine established or imposed for the
violation of the provisions of section 14-218a or
14-219 of the general statutes, for any such
violation committed in a school zone designated in
a conspicuous manner by the State Traffic
Commission or local traffic authority.
(d) The State Traffic Commission with regard
to a state highway or the local traffic authority
with regard to a local highway shall post a sign
approved by said commission (1) at the beginning
of a school zone in each direction that traffic is
permitted to flow which shall read as follows:
"SCHOOL ZONE AHEAD FINES DOUBLED", and (2) at the
end of such zone in each direction that traffic is
permitted to flow which shall read as follows:
"END SCHOOL ZONE".
Sec. 65. Section 13 of public act 98-168 is
repealed and the following is substituted in lieu
thereof:
(a) There is established a Connecticut
minority teacher incentive program administered by
the Department of Higher Education.
(b) Within available appropriations, the
program shall provide grants for up to fifty
minority students entering teacher education
programs in their junior or senior year at any
four-year [public] institution of higher education
or enrolled in the alternate route to
certification program administered through the
Department of Higher Education. Maximum grants
shall not exceed five thousand dollars per year
for two years. The department shall ensure that at
least ten per cent of the grant recipients are
minority students who transfer from a Connecticut
regional community-technical college.
(c) A minority student who received grants
under subsection (b) of this section, and who
teaches in a Connecticut public school upon
graduation, shall be eligible for reimbursement of
federal or state educational loans up to a maximum
of two thousand five hundred dollars per year for
up to four years of teaching service.
(d) Notwithstanding the provisions of
subsections (b) and (c) of this section, the
combined dollar value of grants and loan
reimbursements shall not exceed twenty thousand
dollars per student.
(e) For the fiscal years ending June 30, 1999,
and June 30, 2000, the Department of Higher
Education may use up to five per cent of the funds
appropriated for purposes of this section for
program administration, promotion, recruitment and
retention activities that are designed to increase
the number of minority students pursuing teaching
careers at Connecticut [public] institutions of
higher education.
Sec. 66. (NEW) On or before October 1, 1998,
and annually thereafter, each local and regional
board of education shall submit to the Department
of Education a count of the number of foster
children attending school in its school district
whose parents reside in another school district or
who have no legal parents.
Sec. 67. (NEW) Each local and regional board
of education may establish a school district
safety committee to increase staff and student
awareness of safety and health issues and to
review the adequacy of emergency response
procedures at each school. Parents and high school
students shall be included in the membership of
such committees.
Sec. 68. The Commissioner of Education shall
contract for a facilities and operations audit of
the regional vocational-technical school system by
a certified public accounting firm. The contract
shall include an analysis of the capital needs of
each vocational-technical school, including
infrastructure needs, needs related to the
correction of safety and health code problems and
equipment needs.
Sec. 69. (a) The Department of Education, in
collaboration with The University of Connecticut
School of Engineering and the Central Connecticut
State University Manufacturing Center, shall
develop a plan for the establishment of
pre-engineering and technology programs at three
regional vocational-technical schools located in
different regions of the state.
(b) The Commissioner of Education shall
report, in accordance with section 11-4a of the
general statutes, on such plan to the joint
standing committee of the General Assembly having
cognizance of matters relating to education by
January 1, 1999.
Sec. 70. Section 1 of public act 97-39 is
repealed and the following is substituted in lieu
thereof:
Each local and regional board of education
shall provide [an opportunity for the recruitment
of students by] FULL ACCESS TO regional
vocational-technical schools, regional vocational
agricultural centers, interdistrict magnet
schools, charter schools and interdistrict student
attendance programs FOR THE RECRUITMENT OF
STUDENTS ATTENDING THE SCHOOLS UNDER THE BOARD'S
JURISDICTION, provided such recruitment is not for
the purpose of interscholastic athletic
competition.
Sec. 71. (NEW) The Board of Trustees for the
Community-Technical Colleges shall establish
procedures for (1) the development of articulation
agreements between the regional
community-technical colleges and the regional
vocational-technical schools in order to ensure a
successful transition to higher education for
students attending the regional
vocational-technical schools and (2) the awarding
of appropriate college credit for persons enrolled
in and registered under the terms of a qualified
apprenticeship training program, certified in
accordance with regulations adopted by the Labor
Commissioner and registered with the Connecticut
State Apprenticeship Council established under
section 31-51b of the general statutes.
Sec. 72. Section 10a-12a of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall be a Technical Education
Coordinating Council. The council shall consist of
the following members: The CHAIRPERSONS AND
RANKING MEMBERS OF THE JOINT STANDING COMMITTEES
OF THE GENERAL ASSEMBLY HAVING COGNIZANCE OF
MATTERS RELATING TO EDUCATION AND COMMERCE, OR
THEIR DESIGNEES; THE Commissioners of Higher
Education and Economic and Community Development
and the Labor Commissioner or their designees; the
chief executive officers of each constituent unit
of the state system of higher education, or their
designees; the president of the Connecticut
Conference of Independent Colleges; [and a
representative of the state Department of
Education with administrative responsibility for
vocational technical education. The Commissioner
of Higher Education shall convene the first
meeting of the council not later than October 1,
1989.] THE SUPERINTENDENT OF THE
VOCATIONAL-TECHNICAL SCHOOL SYSTEM; ONE MEMBER WHO
IS A TEACHER AT A REGIONAL VOCATIONAL-TECHNICAL
SCHOOL DESIGNATED BY THE EXCLUSIVE REPRESENTATIVE
OF THE VOCATIONAL-TECHNICAL SCHOOL TEACHERS'
BARGAINING UNIT; TWO MEMBERS WHO ARE PARENTS OF
STUDENTS ENROLLED IN VOCATIONAL-TECHNICAL SCHOOLS
DESIGNATED BY THE VOCATIONAL-TECHNICAL SCHOOLS
PARENTS' ASSOCIATION; ONE MEMBER REPRESENTING EACH
OF THE ECONOMIC CLUSTERS IDENTIFIED PURSUANT TO
SECTION 32-4g DESIGNATED BY THE COMMISSIONER OF
ECONOMIC AND COMMUNITY DEVELOPMENT; ONE MEMBER
DESIGNATED BY THE CONNECTICUT BUSINESS AND
INDUSTRY ASSOCIATION; ONE MEMBER DESIGNATED BY THE
MANUFACTURING ASSISTANCE COUNCIL; AND ONE MEMBER
DESIGNATED BY THE CONNECTICUT TECHNOLOGY COUNCIL.
THE COCHAIRPERSON OF THE JOINT STANDING COMMITTEE
OF THE GENERAL ASSEMBLY HAVING COGNIZANCE OF
MATTERS RELATING TO EDUCATION, OR THEIR DESIGNEES,
SHALL JOINTLY CONVENE A MEETING OF THE COUNCIL NOT
LATER THAN OCTOBER 1, 1998. The council shall meet
at least six times a year to review and evaluate
the coordinated delivery of technical and
technological education to meet the employment
needs of business and industry. THE COUNCIL SHALL
ALSO EXPLORE WAYS TO: (1) ENCOURAGE STUDENTS TO
PURSUE TECHNICAL CAREERS, INCLUDING THE
DEVELOPMENT OR EXPANSION OF ALTERNATIVE TRAINING
METHODS THAT MAY IMPROVE THE DELIVERY AND
ACCESSIBILITY OF VOCATIONAL-TECHNICAL TRAINING;
(2) ENSURE A SUCCESSFUL TRANSITION FOR STUDENTS
FROM THE REGIONAL VOCATIONAL-TECHNICAL SCHOOLS TO
POST SECONDARY EDUCATION; AND (3) IMPROVE PUBLIC
AWARENESS REGARDING MANUFACTURING CAREERS. On or
before January 1, [1991] 1999, and annually
thereafter, the [Board of Governors of Higher]
COMMISSIONER OF Education shall report, IN
ACCORDANCE WITH SECTION 11-4a, to the joint
standing [committee] COMMITTEES of the General
Assembly having cognizance of matters relating to
education AND COMMERCE on the activities of the
council in the prior year.
Sec. 73. (NEW) (a) For the purposes of this
section:
(1) "Interpreting" means the translating or
transliterating of English concepts to specialized
vocabulary used by a person who is deaf or hard of
hearing or means the translating of a deaf or hard
of hearing person's specialized vocabulary to
English concepts. Specialized vocabulary concepts
include, but are not limited to, the use of
American Sign Language, English-based sign
language, cued speech, oral transliterating and
information received tactually;
(2) "Legal setting" means any criminal or
civil action involving the Superior Court or its
agents, any investigation conducted by a duly
authorized law enforcement agency, employment
related hearings and appointments requiring the
presence of an attorney; and
(3) "Medical setting" means medical related
situations including mental health treatment,
psychological evaluations, substance abuse
treatment, crisis intervention and appointments or
treatment requiring the presence of a doctor or
nurse.
(b) Commencing October 1, 1998, and annually
thereafter, all persons providing interpreting
services shall register with the Commission on the
Deaf and Hearing Impaired. Such registration shall
be on a form prescribed or furnished by the
commission and shall include the registrant's
name, address, phone number, place of employment
as interpreter and interpreter certification or
credentials. Commencing July 1, 2001, and annually
thereafter, the commission shall issue
identification cards for those who register in
accordance with this section.
(c) On and after July 1, 2001, no person shall
provide interpreting services unless such person
is registered with the commission according to the
provisions of this section and (1) has passed the
National Registry of Interpreters for the Deaf
written generalist test and holds a level three
certification provided by the National Association
of the Deaf and documents the achievement of two
continuing education units per year for a maximum
of five years of commission approved training, (2)
has passed the National Registry of Interpreters
for the Deaf written generalist test and is a
graduate of an accredited interpreter training
program and documents the achievement of two
continuing education units per year for a maximum
of five years of commission approved training, (3)
holds a level four certification or higher from
the National Association of the Deaf, (4) holds
certification by the National Registry of
Interpreters for the Deaf, (5) for situations
requiring an oral interpreter only, holds oral
certification from the National Registry of
Interpreters for the Deaf, (6) for situations
requiring a cued speech transliterator only, holds
certification from the National Training,
Evaluation and Certification Unit and has passed
the National Registry of Interpreters for the Deaf
written generalist test, or (7) holds a reverse
skills certificate or is a certified deaf
interpreter under the National Registry of
Interpreters of the Deaf.
(d) On and after July 1, 2001, no person shall
provide interpreting services in a medical setting
unless such person is registered with the
commission according to the provisions of this
section and holds (1) a comprehensive skills
certificate from the National Registry of
Interpreters for the Deaf, (2) a certificate of
interpretation or a certificate of transliteration
from the National Registry of Interpreters for the
Deaf, (3) a level five certification from the
National Association of the Deaf, (4) a reverse
skills certificate or is a certified deaf
interpreter under the National Registry of
Interpreters of the Deaf, (5) for situations
requiring an oral interpreter only, oral
certification from the National Registry of
Interpreters for the Deaf, or (6) for situations
requiring a cued speech transliterator only,
certification from the National Training,
Evaluation and Certification Unit and has passed
the National Registry of Interpreters for the Deaf
written generalist test.
(e) No person shall provide interpreting
services in a legal setting unless such person is
registered with the commission according to the
provisions of this section and holds (1) a
comprehensive skills certificate from the National
Registry of Interpreters for the Deaf, (2) a
certificate of interpretation and a certificate of
transliteration from the National Registry of
Interpreters for the Deaf, (3) a level five
certification from the National Association of the
Deaf, (4) a reverse skills certificate or is a
certified deaf interpreter under the National
Registry of Interpreters of the Deaf, (5) for
situations requiring an oral interpreter only,
oral certification from the National Registry of
Interpreters for the Deaf, or (6) for situations
requiring a cued speech transliterator only,
certification from the National Training,
Evaluation and Certification Unit and has passed
the National Registry of Interpreters for the Deaf
written generalist test.
(f) The requirements of this section shall
apply to persons who receive compensation for the
provision of interpreting services and include
those who provide interpreting services as part of
their job duties.
Sec. 74. (NEW) Upon the request of any person
or any public or private entity, the Commission on
the Deaf and Hearing Impaired shall provide
interpreting services to assist such person or
entity to the extent such persons who provide
interpreting services are available. Any person or
entity receiving interpreting services through the
commission shall reimburse the commission for such
services at a rate set by the commission. The
commission shall adopt regulations in accordance
with the provisions of chapter 54 of the general
statutes to establish the manner of rate setting.
Sec. 75. Subsection (g) of section 4-89 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(g) The provisions of this section shall not
apply to appropriations to the Commission on the
Deaf and Hearing Impaired in an amount not greater
than the amount of reimbursements of prior year
expenditures for the services of interpreters
received by the commission during the fiscal year
pursuant to [subsection (b) of section 46a-31]
SECTION 69 OF THIS ACT and such appropriations
shall not lapse until the end of the fiscal year
succeeding the fiscal year of the appropriation.
Sec. 76. Section 46a-27 of the general
statutes is repealed and the following is
substituted in lieu thereof:
A state commission is hereby created as a
state-wide coordinating agency to advocate,
strengthen and implement state policies affecting
deaf and hearing impaired individuals and their
relationship to the public, industry, health care
and educational opportunity. Said commission shall
be within the Department of Social Services for
administrative purposes only. The commission may
provide necessary services to deaf and hearing
impaired persons including, but not limited to,
nonreimbursable interpreter services and message
relay services for persons using
telecommunications devices for the deaf. [The
commission shall adopt regulations in accordance
with the provisions of chapter 54 to define the
formula to be used to determine the amount of
money to be charged for reimbursable interpreter
services and the conditions under which
nonreimbursable interpreter services shall be
provided.]
Sec. 77. Section 46a-30 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commission may receive moneys from any
source, including gifts, grants, bequests and
reimbursements which moneys may be expended for
the purposes designated by the donor or to
effectuate the provisions of sections 46a-27 to
[46a-33] 46a-32, inclusive.
(b) The commission is empowered to expend its
appropriation and receipts to initiate and support
the provisions of said sections by contract or
other arrangement and to contract for and engage
consultants.
Sec. 78. On or before September 1, 1998, the
plan developed for the city of Hartford for the
expenditure of school readiness grant funds
pursuant to subsection (c) of section 2 of public
act 97-259 shall be amended to designate a
specified per cent of such funds for school
readiness programs that serve the attendance areas
of the four elementary schools in the Hartford
school district that had the lowest scores on the
fourth grade state-wide mastery examinations under
section 10-14n of the general statutes, as
amended, based on the average of such scores for
the preceding three school years. The plan shall
be designed to ensure that at least seventy per
cent of the children attending kindergarten in
such schools in the school year commencing in
2000, and each school year thereafter, have a
school readiness experience prior to entering
kindergarten. On or before July 1, 1999, and
annually thereafter, the local school readiness
council for Hartford shall report to the
Commissioner of Education on the implementation of
the plan in the attendance areas of such schools.
Sec. 79. Sections 10-4m, 10-21d, 10-21e,
10-74e, 10-92, 10-204, 10-262g, 10-264a to
10-264d, inclusive, 10-264k, 10-265a to 10-265d,
inclusive, as amended, 10-266s, 46a-31 and 46a-33
of the general statutes are repealed.
Sec. 80. This act shall take effect from its
passage, except that sections 1 to 3, inclusive, 6
to 31, inclusive, 33 to 53, inclusive, 58 to 61,
inclusive, 67 to 77, inclusive, and section 79
shall take effect July 1, 1998, sections 56 and 64
shall take effect October 1, 1998, and sections 54
and 55 shall take effect January 1, 1999.
Approved June 8, 1998