File No. 416

Senate, April 16, 2012

The Committee on Education reported through SEN. STILLMAN of the 20th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING EDUCATIONAL COMPETITIVENESS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 10-262h of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(d) (1) Notwithstanding the provisions of this section, for the fiscal years ending June 30, 2012, and June 30, 2013, each town shall receive an equalization aid grant in an amount provided for in subdivision (2) of this subsection.

(2) Equalization aid grant amounts.

Sec. 2. Subsections (f) and (g) of section 10-262i of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(f) (1) Except as otherwise provided under the provisions of subdivisions (3) and (4) of this subsection, for the fiscal year ending June 30, 2012, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2011, plus any reductions made pursuant to section 19 of public act 09-1 of the June 19 special session, except that (A) for the fiscal year ending June 30, 2012, any district with a number of resident students for the school year commencing July 1, 2011, that is lower than such district's number of resident students for the school year commencing July 1, 2010, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such school years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2011, and (B) for the fiscal year ending June 30, 2012, any district that (i) does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (ii) the number of resident students attending high school for such district for the school year commencing July 1, 2011, is lower than such district's number of resident students attending high school for the school year commencing July 1, 2010, may reduce such district's budgeted appropriation for education by the difference in number of resident students attending high school for such school years multiplied by the tuition paid per student pursuant to section 10-33, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2011.

(2) Except as otherwise provided under the provisions of subdivisions (3) [and (4)] to (5), inclusive, of this subsection, for the fiscal year ending June 30, 2013, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2012, plus the amount of any increase in the grant a town receives under the provisions of subdivision (2) of subsection (d) of section 10-262h, as amended by this act, except that (A) for the fiscal year ending June 30, 2013, any district with a number of resident students for the school year commencing July 1, 2012, that is lower than such district's number of resident students for the school year commencing July 1, 2011, may reduce such district's budgeted appropriation for education for the fiscal year ending June 30, 2013, by the difference in number of resident students for such school years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, [2012, and] 2013, (B) for the fiscal year ending June 30, 2013, any district that (i) does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (ii) the number of resident students attending high school for such district for the school year commencing July 1, 2012, is lower than such district's number of resident students attending high school for the school year commencing July 1, 2011, may reduce such district's budgeted appropriation for education for the fiscal year ending June 30, 2013, by the difference in number of resident students attending high school for such school years multiplied by the tuition paid per student pursuant to section 10-33, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, [2012] 2013, and (C) for the fiscal year ending June 30, 2013, any district that realizes new and documentable savings through increased intradistrict efficiencies approved by the Commissioner of Education or through regional collaboration or cooperative arrangements pursuant to section 10-158a may reduce such district's budgeted appropriation for education for the fiscal year ending June 30, 2013, in an amount equal to half of the savings experienced as a result of such intradistrict efficiencies, regional collaboration or cooperative arrangement, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2013.

(3) The Commissioner of Education may permit a district to reduce its budgeted appropriation for education for the fiscal year ending June 30, 2012, or June 30, 2013, in an amount determined by the commissioner if such district has permanently ceased operations and closed one or more schools in the district due to declining enrollment at such closed school or schools in the fiscal year ending June 30, 2011, June 30, 2012, or June 30, 2013.

(4) [No] Except as otherwise provided in subdivision (5) of this subsection, no town shall be eligible to reduce its budgeted appropriation for education for the fiscal years ending June 30, 2012, and June 30, 2013, pursuant to this subsection if (A) the school district for the town is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, as amended by this act, and (i) has failed to make adequate yearly progress in mathematics or reading at the whole district level, or (ii) has satisfied the requirements for adequate yearly progress in mathematics or reading pursuant to Section 1111(b)(2)(I) of Subpart 1 of Part A of Title I of the No Child Left Behind Act, P.L. 107-110, as amended from time to time, or (B) the school district for the town (i) has been identified as in need of improvement pursuant to section 10-223e, as amended by this act, and (ii) has a poverty rate greater than ten per cent. For purposes of this subparagraph, "poverty rate" means the quotient of the number of related children ages five to seventeen, inclusive, in families in poverty in a school district, divided by the total school age population of such school district based on the 2009 population estimate produced by the Bureau of Census of the United States Department of Commerce.

(5) For the fiscal year ending June 30, 2013, the budgeted appropriation for a town designated as an alliance district, as defined in section 3 of this act, shall be not less than the sum of (A) the budgeted appropriation for the fiscal year ending June 30, 2012, and (B) the amount necessary to meet the minimum local funding percentage, as defined in section 3 of this act, except the commissioner may permit a town designated as an alliance district to reduce its budgeted appropriation for education if such town can demonstrate that its local contribution for the fiscal year ending June 30, 2013, has increased when compared to the local contribution used in determining its local funding percentage, as defined in section 3 of this act.

(g) (1) Except as provided for in subdivisions (2), (3) and (4) of this subsection, for the fiscal years ending June 30, 2008, to June 30, 2012, inclusive, the percentage of the increase in aid pursuant to this section applicable under subsection (d) of this section shall be the average of the results of (A) (i) a town's current program expenditures per resident student pursuant to subdivision (36) of section 10-262f, subtracted from the highest current program expenditures per resident student in this state, (ii) divided by the difference between the highest current program expenditures per resident student in this state and the lowest current program expenditures per resident student in this state, (iii) multiplied by thirty per cent, (iv) plus fifty percentage points, (B) (i) a town's wealth pursuant to subdivision (26) of section 10-262f, subtracted from the wealth of the town with the highest wealth of all towns in this state, (ii) divided by the difference between the wealth of the town with the highest wealth of all towns in this state and the wealth of the town with the lowest wealth of all towns in this state, (iii) multiplied by thirty per cent, (iv) plus fifty percentage points, and (C) (i) a town's grant mastery percentage pursuant to subdivision (12) of section 10-262f, subtracted from one, subtracted from one minus the grant mastery percentage of the town with the highest grant mastery percentage in this state, (ii) divided by the difference between one minus the grant mastery percentage of the town with the highest grant mastery percentage in this state and one minus the grant mastery percentage of the town with the lowest grant mastery percentage in this state, (iii) multiplied by thirty per cent, (iv) plus fifty percentage points.

(2) For the fiscal year ending June 30, 2009, any town whose school district is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, as amended by this act, and has failed to make adequate yearly progress in mathematics or reading at the whole district level, the percentage determined pursuant to subdivision (1) of this subsection for such town shall be increased by an additional twenty percentage points.

(3) For the fiscal year ending June 30, 2010, any town whose school district is in its third year or more of being identified as in need of improvement pursuant to section 10-223e, as amended by this act, and has failed to make adequate yearly progress in mathematics or reading at the whole district level, the percentage of the increase in aid pursuant to this section applicable under subsection (d) of this section shall be the percentage of the increase determined under subdivision (1) of this subsection for such town, plus twenty percentage points, or eighty per cent, whichever is greater.

(4) Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2008, and each fiscal year thereafter, any town that (A) is a member of a regional school district that serves only grades seven to twelve, inclusive, or grades nine to twelve, inclusive, (B) appropriates at least the minimum percentage of increase in aid pursuant to the provisions of this section, and (C) has a reduced assessment from the previous fiscal year for students enrolled in such regional school district, excluding debt service for such students, shall be considered to be in compliance with the provisions of this section.

(5) Notwithstanding any provision of the general statutes, charter, special act or home rule ordinance, on or before September 15, 2007, for the fiscal year ending June 30, 2008, a town may request the Commissioner of Education to defer a portion of the town's increase in aid over the prior fiscal year pursuant to this section to be expended in the subsequent fiscal year. If the commissioner approves such request, the deferred amount shall be credited to the increase in aid for the fiscal year ending June 30, 2009, rather than the fiscal year ending June 30, 2008. Such funds shall be expended in the fiscal year ending June 30, 2009, in accordance with the provisions of this section. In no case shall a town be allowed to defer increases in aid required to be spent for education as a result of failure to make adequate yearly progress in accordance with the provisions of subdivisions (2) and (3) of this subsection.

Sec. 3. (NEW) (Effective July 1, 2012) (a) As used in this section and section 10-262i of the general statutes, as amended by this act:

(1) "Alliance district" means a school district that is in a town that is among the towns with the lowest district performance indices.

(2) "District performance index" means the sum of the district subject performance indices for mathematics, reading, writing and science.

(3) "District subject performance index for mathematics" means thirty per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f of the general statutes, for a district for mathematics weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(4) "District subject performance index for reading" means thirty per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f of the general statutes, for a district for reading weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(5) "District subject performance index for writing" means thirty per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f of the general statutes, for a district for writing weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(6) "District subject performance index for science" means ten per cent multiplied by the sum of the mastery test data of record, as defined in section 10-262f of the general statutes, for a district for science weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(7) "Local funding percentage" means that for the fiscal year two years prior to the fiscal year in which the grant is to be paid pursuant to section 10-262i of the general statutes, as amended by this act, the number obtained by dividing (A) total current educational expenditures less (i) expenditures for (I) land and capital building expenditures, and equipment otherwise supported by a state grant pursuant to chapter 173 of the general statutes, including debt service, (II) health services for nonpublic school children, and (III) adult education, (ii) expenditures directly attributable to (I) state grants received by or on behalf of school districts, except those grants for the categories of expenditures described in subparagraphs (A)(i)(I) to (A)(i)(III), inclusive, of this subdivision, and except grants received pursuant to chapter 173 of the general statutes, (II) federal grants received by or on behalf of local or regional boards of education, except those grants for adult education and federal impact aid, and (III) receipts from the operation of child nutrition services and student activities services, (iii) expenditures of funds from private and other sources, and (iv) tuition received by the district for the education of nonresident students, by (B) total current educational expenditures less expenditures for (i) land and capital building expenditures, and equipment otherwise supported by a state grant pursuant to chapter 173 of the general statutes, including debt service, (ii) health services for nonpublic school children, and (iii) adult education.

(8) "Minimum local funding percentage" means (A) for the fiscal year ending June 30, 2013, twenty per cent, (B) for the fiscal year ending June 30, 2014, twenty-two and one-half per cent, (C) for the fiscal year ending June 30, 2015, twenty-five per cent, and (D) for the fiscal year ending June 30, 2016, and each fiscal year thereafter, thirty per cent.

(9) "Educational reform district" means a school district that is in a town that is among the ten lowest district performance indices when all towns are ranked highest to lowest in district performance indices scores.

(b) For the fiscal year ending June 30, 2013, the number of alliance districts shall not exceed thirty school districts. Any school district designated as an alliance district shall be so designated for a period of five years, except the Commissioner of Education may remove such designation from a school district prior to July first of the fiscal year following a determination by the commissioner that such school district is in violation of the provisions of subsection (d) of this section. On or before June 30, 2016, the Department of Education shall determine if there are any additional alliance districts.

(c) (1) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, the Comptroller shall withhold from a town designated as an alliance district any increase in funds received over the amount the town received for the prior fiscal year pursuant to section 10-262h of the general statutes, as amended by this act. The Comptroller shall transfer such funds to the Commissioner of Education.

(2) Upon receipt of an application pursuant to subsection (d) of this section, the Commissioner of Education may award such funds to the local or regional board of education for an alliance district on the condition that such funds shall be expended in accordance with the plan described in subsection (d) of this section and any guidelines developed by the State Board of Education for such funds. Such funds shall be used to improve student achievement in such alliance district and to offset any other local education costs approved by the commissioner.

(d) The local or regional board of education for a town designated as an alliance district may apply to the Commissioner of Education, at such time and in such manner as the commissioner prescribes, to receive any increase in funds received over the amount the town received for the prior fiscal year pursuant to section 10-262h of the general statutes, as amended by this act. Applications pursuant to this subsection shall include objectives and performance targets and a plan that may include, but not be limited to, the following: (1) A tiered system of interventions for the schools under the jurisdiction of such board based on the needs of such schools, (2) ways to strengthen the foundational programs in reading to ensure reading mastery in kindergarten to grade three, inclusive, with a focus on standards and instruction, proper use of data, intervention strategies, current information for teachers, parental engagement, and teacher professional development, (3) additional learning time, including extended school day or school year programming administered by school personnel or external partners, (4) a talent strategy that includes, but is not limited to, teacher and school leader recruitment and assignment, career ladder policies that draw upon guidelines for a model teacher evaluation program adopted by the State Board of Education, pursuant to section 10-151b of the general statutes, as amended by this act, and adopted by each local or regional board of education. Such talent strategy may include provisions that demonstrate increased ability to attract, retain, promote and bolster the performance of staff in accordance with performance evaluation findings and, in the case of new personnel, other indicators of effectiveness, (5) training for school leaders and other staff on new teacher evaluation models, (6) provisions for the cooperation and coordination with early childhood education providers to ensure alignment with district expectations for student entry into kindergarten, (7) provisions for the cooperation and coordination with other governmental and community programs to ensure that students receive adequate support and wraparound services, including community school models, and (8) any additional categories or goals as determined by the commissioner. Such plan shall demonstrate collaboration with key stakeholders, as identified by the commissioner, with the goal of achieving efficiencies and the alignment of intent and practice of current programs with conditional programs identified in this subsection. The commissioner may require changes in any plan submitted by a local or regional board of education before the commissioner approves an application under this subsection.

(e) The State Board of Education may develop guidelines and criteria for the administration of such funds under this section.

(f) The commissioner may withhold such funds if the local or regional board of education fails to comply with the provisions of this subsection. The commissioner may renew such funding if the local or regional board of education provides evidence that the school district of such board is achieving the objectives and performance targets approved by the commissioner stated in the plan submitted under this section.

(g) Any local or regional board of education receiving funding under this section shall submit an annual expenditure report to the commissioner on such form and in such manner as requested by the commissioner. The commissioner shall determine if (A) the local or regional board of education shall repay any funds not expended in accordance with the approved application, or (B) such funding should be reduced in a subsequent fiscal year up to an amount equal to the amount that the commissioner determines is out of compliance with the provisions of this subsection.

(h) Any balance remaining for each local or regional board of education at the end of any fiscal year shall be carried forward for such local or regional board of education for the next fiscal year.

Sec. 4. (NEW) (Effective July 1, 2012) (a) The Department of Education shall administer, within available appropriations, an annual competitive grant program to assist local and regional school boards of education in improving student performance through the strategies described in subsection (d) of section 3 of this act. The department may award an annual grant to a local or regional board of education in an amount equal to or greater than fifty thousand dollars, but not exceeding seven hundred fifty thousand dollars.

(b) Any local or regional board of education may apply, at such time and in such manner as the department prescribes, to the department for a competitive grant. A local or regional board of education for a town designated as an alliance district, as defined in section 3 of this act, may submit the plan approved by the Commissioner of Education pursuant to subsection (d) of section 3 of this act, in lieu of the application prescribed by the commissioner.

(c) The department may develop guidelines and grant criteria as it deems necessary to administer the competitive grant program under this section.

(d) Any local or regional board of education receiving a competitive grant award under this section shall submit an expenditure report to the department on such form and in such manner as the department prescribes. The department shall determine if the local or regional board of education shall (1) repay any unexpended funds at the close of the program for which the grant was awarded, or (2) repay the department an amount that the department determines is out of compliance with the provisions of such board's approved application.

(e) Grants awarded pursuant to this subdivision shall be expended for educational purposes only and shall not be used to supplant federal, state or local funding for educational purposes.

(f) A local or regional board of education may accept matching funds from a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, for purposes of the competitive grant program, provided such matching funds shall in no way limit the scope of programs funded by grants under this section.

Sec. 5. Section 10-66ee of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) For the purposes of [education] equalization aid under section 10-262h a student enrolled (1) in a local charter school shall be considered a student enrolled in the school district in which such student resides, and (2) in a state charter school shall not be considered a student enrolled in the school district in which such student resides.

(b) (1) The local board of education of the school district in which a student enrolled in a local charter school resides shall pay, annually, in accordance with its charter, to the fiscal authority for the charter school for each such student the amount specified in its charter, including the reasonable special education costs of students requiring special education. The board of education shall be eligible for reimbursement for such special education costs pursuant to section 10-76g.

(2) The local or regional board of education of the school district in which the local charter school is located shall be responsible for the financial support of such local charter school at a level that is at least equal to the product of (A) the per pupil cost for the prior fiscal year, less the reimbursement pursuant to section 10-76g for the current fiscal year, and (B) the number of students attending such local charter school in the current fiscal year. As used in this subdivision, "per pupil cost" means, for a local or regional board of education, the quotient of the net current expenditures, as defined in subdivision (3) of section 10-261, divided by the average daily membership, as defined in subdivision (2) of section 10-261, of such local or regional board of education.

(c) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, the State Board of Education may approve, within available appropriations, a grant to any local charter school described in subsection (b) of section 7 of this act in an amount not to exceed three thousand dollars for each student enrolled in such a local charter school. Such grant awards shall be paid as follows: Twenty-five per cent of the amount not later than July fifteenth and September fifteenth based on estimated student enrollment on May first, and twenty-five per cent of the amount not later than January fifteenth and the remaining amount not later than April fifteenth, each based on student enrollment on October first. For purposes of this subsection, such grant shall be an equalization aid grant under section 10-262h, as amended by this act.

[(c)] (d) (1) The state shall pay in accordance with this subsection, to the fiscal authority for a state charter school for each student enrolled in such school, for the fiscal year ending [June 30, 2006, seven thousand six hundred twenty-five dollars, for the fiscal year ending June 30, 2007, eight thousand dollars, for the fiscal year ending June 30, 2008, eight thousand six hundred fifty dollars, for the fiscal years ending June 30, 2009, to June 30, 2011, inclusive, nine thousand three hundred dollars, and for the fiscal year ending June 30, 2012, and each fiscal year thereafter, nine thousand four hundred dollars] June 30, 2013, and each fiscal year thereafter, ten thousand five hundred dollars. Such payments shall be made as follows: Twenty-five per cent of the amount not later than July fifteenth and September fifteenth based on estimated student enrollment on May first, and twenty-five per cent of the amount not later than January fifteenth and the remaining amount not later than April fifteenth, each based on student enrollment on October first. [If the total amount appropriated for grants pursuant to this subdivision exceeds eight thousand six hundred fifty dollars per student for the fiscal year ending June 30, 2008, and exceeds nine thousand three hundred dollars for the fiscal year ending June 30, 2009, the amount of such grants payable per student shall be increased proportionately, except that such per student increase shall not exceed seventy dollars. Any amount of such appropriation remaining after such per student increase may be used by the Department of Education for supplemental grants to interdistrict magnet schools pursuant to subdivision (2) of subsection (c) of section 10-264l, to pay for a portion of the audit required pursuant to section 10-66ll, to pay for expenses incurred by the Department of Education to ensure the continuity of a charter school where required by a court of competent jurisdiction and, in consultation with the Secretary of the Office of Policy and Management, to pay expenses incurred in the creation of a school pursuant to section 10-74g. For the fiscal year ending June 30, 2005, such increase shall be limited to one hundred ten dollars per student.]

(2) In the case of a student identified as requiring special education, the school district in which the student resides shall: (A) Hold the planning and placement team meeting for such student and shall invite representatives from the charter school to participate in such meeting; and (B) pay the state charter school, on a quarterly basis, an amount equal to the difference between the reasonable cost of educating such student and the sum of the amount received by the state charter school for such student pursuant to subdivision (1) of this subsection and amounts received from other state, federal, local or private sources calculated on a per pupil basis. Such school district shall be eligible for reimbursement pursuant to section 10-76g. The charter school a student requiring special education attends shall be responsible for ensuring that such student receives the services mandated by the student's individualized education program whether such services are provided by the charter school or by the school district in which the student resides.

(3) For the fiscal year ending June 30, 2012, and each fiscal year thereafter, the local or regional board of education of the school district in which a state charter school is located may submit a request to the Department of Education, in a manner prescribed by the department, to use student performance data from any state charter school located in the school district of such local or regional board of education if such board annually pays to the fiscal authority for a state charter school one thousand dollars for each student who resides in such school district and is enrolled in such state charter school on October first of the current school year. Such student performance data shall be used for the exclusive purpose of calculating the school district's performance in accordance with the state-wide performance management and support plan prepared pursuant to subdivision (2) of subsection (b) of section 10-223e, as amended by this act. If any such board of education fails to pay under this subdivision, the Commissioner of Education may withhold from such board's town or towns a sum payable under section 10-262i, as amended by this act, in an amount not to exceed the amount of the unpaid amount to the state charter school and pay such amount to such fiscal authority for the charter school as a supplementary grant. Any local or regional board of education permitted to use such student performance data shall do so for a period of two school years, and such board shall provide notice to the department not later than six months prior to the conclusion of such two-year period that such board wishes to renew or terminate such use of such student performance data. The State Board of Education shall issue guidelines regarding the required elements of, and the standards governing review of, any such request.

[(d) On or before October fifteenth of the fiscal years beginning July 1, 2001, and July 1, 2002, the Commissioner of Education shall determine if the enrollment in the program for the fiscal year is below the number of students for which funds were appropriated. If the commissioner determines that the enrollment is below such number, the additional funds shall not lapse but shall be used by the commissioner for (1) grants for interdistrict cooperative programs pursuant to section 10-74d, (2) grants for open choice programs pursuant to section 10-266aa, or (3) grants for interdistrict magnet schools pursuant to section 10-264l.]

(e) Notwithstanding any provision of the general statutes, [to the contrary,] if at the end of a fiscal year amounts received by a state charter school, pursuant to subdivision (1) of subsection [(c)] (d) of this section, are unexpended, the charter school (1) may use, for the expenses of the charter school for the following fiscal year, up to ten per cent of such amounts, and (2) may (A) create a reserve fund to finance a specific capital or equipment purchase or another specified project as may be approved by the commissioner, and (B) deposit into such fund up to five per cent of such amounts.

(f) The local or regional board of education of the school district in which the charter school is located shall provide transportation services for students of the charter school who reside in such school district pursuant to section 10-273a unless the charter school makes other arrangements for such transportation. Any local or regional board of education may provide transportation services to a student attending a charter school outside of the district in which the student resides and, if it elects to provide such transportation, shall be reimbursed pursuant to section 10-266m for the reasonable costs of such transportation. Any local or regional board of education providing transportation services under this subsection may suspend such services in accordance with the provisions of section 10-233c. The parent or guardian of any student denied the transportation services required to be provided pursuant to this subsection may appeal such denial in the manner provided in sections 10-186 and 10-187.

(g) Charter schools shall be eligible to the same extent as boards of education for any grant for special education, competitive state grants and grants pursuant to sections 10-17g and 10-266w.

(h) If the commissioner finds that any charter school uses a grant under this section for a purpose that is inconsistent with the provisions of this part, the commissioner may require repayment of such grant to the state.

(i) Charter schools shall receive, in accordance with federal law and regulations, any federal funds available for the education of any pupils attending public schools.

(j) The governing council of a charter school may (1) contract or enter into other agreements for purposes of administrative or other support services, transportation, plant services or leasing facilities or equipment, and (2) receive and expend private funds or public funds, including funds from local or regional boards of education and funds received by local charter schools for out-of-district students, for school purposes.

(k) If in any fiscal year, more than one new state or local charter school is approved pursuant to section 10-66bb, as amended by this act, and is awaiting funding pursuant to the provisions of this section, the State Board of Education shall determine which school is funded first based on a consideration of the following factors in order of importance as follows: (1) The quality of the proposed program as measured against the criteria required in the charter school application process pursuant to section 10-66bb, as amended by this act, (2) whether the applicant has a demonstrated record of academic success by students, (3) whether the school is located in a school district with a demonstrated need for student improvement, and (4) whether the applicant has plans concerning the preparedness of facilities, staffing and outreach to students.

(l) Within available appropriations, the state may provide a grant in an amount not to exceed seventy-five thousand dollars to any newly approved state charter school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the Commissioner of Education, for start-up costs associated with the new charter school program.

(m) Charter schools may, to the same extent as local and regional boards of education, enter into cooperative arrangements as described in section 10-158a, provided such arrangements are approved by the Commissioner of Education. Any state charter school participating in a cooperative arrangement under this subsection shall maintain its status as a state charter school and not be excused from any obligations pursuant to sections 10-66aa to 10-66ll, inclusive, as amended by this act.

(n) Grant funding pursuant to this section shall be considered an equalization aid grant under section 10-262h, as amended by this act.

Sec. 6. Section 10-66ll of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

Annually, the commissioner shall randomly select one state charter school, as defined in subdivision (3) of section 10-66aa, to be subject to a comprehensive financial audit conducted by an auditor selected by the Commissioner of Education. Except as provided for in subsection [(c)] (d) of section 10-66ee, as amended by this act, the charter school shall be responsible for all costs associated with the audit conducted pursuant to the provisions of this section.

Sec. 7. (NEW) (Effective July 1, 2012) (a) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, the Department of Education may award, within available appropriations, a grant of up to five hundred thousand dollars to assist with the start-up costs associated with establishment of a local charter school pursuant to subsection (b) of this section.

(b) In order to be eligible for a grant under this section, an applicant for a grant shall submit an application to the Commissioner of Education, pursuant to section 10-66bb of the general statutes, as amended by this act, for the establishment of a local charter school to be established on or after July 1, 2012, and such application shall satisfy one of the following conditions: (1) Such applicant has high quality, feasible strategies or a record of success in serving students from among the following populations: (A) Students with histories of low academic performance, (B) students who receive free or reduced price school lunches, (C) students with histories of behavioral and social difficulties, (D) students eligible for special education services, or (E) students who are English language learners; or (2) such applicant has a high quality, feasible plan for turning around existing schools that have demonstrated consistently substandard student performance, or a record of success in turning around such schools. The department shall determine whether such applicant satisfies the provisions of subdivision (1) or (2) of this subsection.

(c) Grant applications shall be submitted to the department at such time and in such manner as the department prescribes. Each applicant receiving a grant award under this section shall submit, at such time and in such form as the department prescribes, any reports and financial statements required by the department. If the department finds that any grant awarded pursuant to this section is being used for purposes that are not in conformity with the purposes of this section, the department may require the repayment of the grant to the state.

(d) Any unexpended funds appropriated to the Department of Education for purposes of this section shall be available for redistribution as a grant in the next fiscal year.

(e) The department may develop guidelines and grant criteria as it deems necessary to administer the grant program under this section.

(f) For purposes of this section, such grant shall be an equalization aid grant under section 10-262h of the general statutes, as amended by this act.

Sec. 8. Section 10-66bb of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) On and after July 1, 1997, the State Board of Education may grant charters for local and state charter schools in accordance with this section.

(b) Any person, association, corporation, organization or other entity, public or independent institution of higher education, local or regional board of education or two or more boards of education cooperatively, or regional educational service center may apply to the Commissioner of Education, at such time and in such manner as the commissioner prescribes, to establish a charter school, provided no nonpublic elementary or secondary school may be established as a charter school and no parent or group of parents providing home instruction may establish a charter school for such instruction.

(c) [The] On and after July 1, 2012, the State Board of Education shall review, annually, all applications and grant charters, in accordance with [subsection] subsections (e) and (f) of this section, for a local or state charter school located in a town that has one or more schools that have been designated as a commissioner's network school, pursuant to section 17 of this act, at the time of such application, or a town that has been designated as a low achieving school district, pursuant to section 10-223e, as amended by this act, at the time of such application. (1) Except as provided for in subdivision (2) of this subsection, no state charter school shall enroll (A) (i) more than two hundred fifty students, or (ii) in the case of a kindergarten to grade eight, inclusive, school, more than three hundred students, or (B) twenty-five per cent of the enrollment of the school district in which the state charter school is to be located, whichever is less. (2) In the case of a state charter school found by the State Board of Education to have a demonstrated record of achievement, said board shall, upon application by such school to said board, waive the provisions of subdivision (1) of this subsection for such school. (3) The State Board of Education shall give preference to applicants for charter schools (A) whose primary purpose is the establishment of education programs designed to serve one or more of the following student populations: (i) Students with a history of low academic performance, (ii) students who receive free or reduced priced lunches pursuant to federal law and regulations, (iii) students with a history of behavioral and social difficulties, (iv) students identified as requiring special education, or (v) students who are English language learners, or (vi) students of a single gender; (B) whose primary purpose is to improve the academic performance of an existing school that has consistently demonstrated substandard academic performance, as determined by the Commissioner of Education; (C) that will serve students who reside in a priority school district pursuant to section 10-266p; [or] (D) that will serve students who reside in a district in which seventy-five per cent or more of the enrolled students are members of racial or ethnic minorities; [and to applicants for state charter schools that] (E) that demonstrate highly credible and specific strategies to attract, enroll and retain students from among the populations described in subparagraph (A)(i) to (A)(vi), inclusive, of this subdivision; or (F) that, in the case of an applicant for a state charter school, such state charter school will be located at a work-site or [that are institutions] such applicant is an institution of higher education. In determining whether to grant a charter, the State Board of Education shall consider the effect of the proposed charter school on the reduction of racial, ethnic and economic isolation in the region in which it is to be located, the regional distribution of charter schools in the state and the potential of over-concentration of charter schools within a school district or in contiguous school districts.

(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 that (A) includes (i) teachers and parents and guardians of students enrolled in the school, and (ii) the chairperson of the local or regional board of education of the town in which the charter school is located and which has jurisdiction over a school that resembles the approximate grade configuration of the charter school, or the designee of such chairperson, provided such designee is a member of the board of education or the superintendent of schools for the school district, and (B) is responsible for the oversight of charter school operations, provided no member or employee of the governing council may have a personal or financial interest in the assets, real or personal, of the school; (4) the financial plan for operation of the school, provided no application fees or other fees for attendance, except as provided in this section, 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 enrollment 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 and that it does not discriminate on the basis of disability, athletic performance or proficiency in the English language, provided the school may limit enrollment to a particular grade level or specialized educational focus and [, if there is not space available for all students seeking enrollment,] the school may give preference to siblings but shall otherwise determine enrollment by a lottery, in accordance with the provisions of subsection (j) of this section, except the State Board of Education may waive the requirements for such enrollment lottery pursuant to subsection (k) of this section; (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) procedures to 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; and (15) a student recruitment and retention plan that shall include, but not be limited to, a clear description of a plan and the capacity of the school to attract, enroll and retain students from among the populations described in subparagraph (A)(i) to (A)(vi), inclusive, of subdivision (3) of subsection (c) of this section. Subject to the provisions of subsection (b) of section 10-66dd, 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 by this act, and which are within the jurisdiction of the State Board of Education.

(e) An application for the establishment of a local charter school shall be submitted to the local or regional board of education of the school district in which the local charter school is to be located for approval pursuant to this subsection. The local or regional board of education shall: (1) Review the application; (2) hold a public hearing in the school district on such application; (3) survey teachers and parents in the school district to determine if there is sufficient interest in the establishment and operation of the local charter school; and (4) vote on a complete application not later than sixty days after the date of receipt of such application. Such board of education may approve the application by a majority vote of the members of the board present and voting at a regular or special meeting of the board called for such purpose. If the application is approved, the board shall forward the application to the State Board of Education. The State Board of Education shall vote on the application not later than seventy-five days after the date of receipt of such application. Subject to the provisions of subsection (c) of this section, the State Board of Education may approve the application and grant the charter for the local charter school or reject such application by a majority vote of the members of the state board present and voting at a regular or special meeting of the state board called for such purpose. The State Board of Education may condition the opening of such school on the school's meeting certain conditions determined by the Commissioner of Education to be necessary and may authorize the commissioner to release the charter when the commissioner determines such conditions are met. The state board may grant the charter for the local charter school for a period of time of up to five years and may allow the applicant to delay its opening for a period of up to one school year in order for the applicant to fully prepare to provide appropriate instructional services.

(f) An application for the establishment of a state charter school shall be (1) submitted to the State Board of Education for approval in accordance with the provisions of this subsection, and (2) filed with the local or regional board of education in the school district in which the charter school is to be located. The state board shall: (A) Review such application; (B) hold a public hearing on such application in the school district in which such state charter school is to be located; (C) solicit and review comments on the application from the local or regional board of education for the school district in which such charter school is to be located and from the local or regional boards of education for school districts that are contiguous to the district in which such school is to be located; and (D) vote on a complete application not later than ninety days after the date of receipt of such application. The State Board of Education may approve an application and grant the charter for the state charter school by a majority vote of the members of the state board present and voting at a regular or special meeting of the state board called for such purpose. The State Board of Education may condition the opening of such school on the school's meeting certain conditions determined by the Commissioner of Education to be necessary and may authorize the commissioner to release the charter when the commissioner determines such conditions are met. Charters shall be granted for a period of time of up to five years and may allow the applicant to delay its opening for a period of up to one school year in order for the applicant to fully prepare to provide appropriate instructional services.

(g) Charters may be renewed, upon application, in accordance with the provisions of this section for the granting of such charters. Upon application for such renewal, the State Board of Education may commission an independent appraisal of the performance of the charter school that includes, but is not limited to, an evaluation of the school's compliance with the provisions of this section. The State Board of Education shall consider the results of any such appraisal in determining whether to renew such charter. The State Board of Education may deny an application for the renewal of a charter if (1) student progress has not been sufficiently demonstrated, as determined by the commissioner, (2) the governing council has not been sufficiently responsible for the operation of the school or has misused or spent public funds in a manner that is detrimental to the educational interests of the students attending the charter school, [or] (3) the school has not been in compliance with applicable laws and regulations, or (4) the efforts of the school have been insufficient to effectively attract, enroll and retain students from among the following populations: (A) Students with a history of low academic performance, (B) students who receive free or reduced priced lunches pursuant to federal law and regulations, (C) students with a history of behavioral and social difficulties, (D) students identified as requiring special education, or (E) students who are English language learners. If the State Board of Education does not renew a charter, it shall notify the governing council of the charter school of the reasons for such nonrenewal.

(h) The Commissioner of Education may at any time place a charter school on probation if (1) the school has failed to (A) adequately demonstrate student progress, as determined by the commissioner, (B) comply with the terms of its charter or with applicable laws and regulations, (C) achieve measurable progress in reducing racial, ethnic and economic isolation, or (D) maintain its nonsectarian status, or (2) the governing council has demonstrated an inability to provide effective leadership to oversee the operation of the charter school or has not ensured that public funds are expended prudently or in a manner required by law. If a charter school is placed on probation, the commissioner shall provide written notice to the charter school of the reasons for such placement, not later than five days after the placement, and shall require the charter school to file with the Department of Education a corrective action plan acceptable to the commissioner not later than thirty-five days from the date of such placement. The charter school shall implement a corrective action plan accepted by the commissioner not later than thirty days after the date of such acceptance. The commissioner may impose any additional terms of probation on the school that the commissioner deems necessary to protect the educational or financial interests of the state. The charter school shall comply with any such additional terms not later than thirty days after the date of their imposition. The commissioner shall determine the length of time of the probationary period, which may be up to one year, provided the commissioner may extend such period, for up to one additional year, if the commissioner deems it necessary. In the event that the charter school does not file or implement the corrective action plan within the required time period or does not comply with any additional terms within the required time period, the Commissioner of Education may withhold grant funds from the school until the plan is fully implemented or the school complies with the terms of probation, provided the commissioner may extend the time period for such implementation and compliance for good cause shown. Whenever a charter school is placed on probation, the commissioner shall notify the parents or guardians of students attending the school of the probationary status of the school and the reasons for such status. During the term of probation, the commissioner may require the school to file interim reports concerning any matter the commissioner deems relevant to the probationary status of the school, including financial reports or statements. No charter school on probation may increase its student enrollment or engage in the recruitment of new students without the consent of the commissioner.

(i) The State Board of Education may revoke a charter if a charter school has failed to: (1) Comply with the terms of probation, including the failure to file or implement a corrective action plan; (2) demonstrate satisfactory student progress, as determined by the commissioner; (3) comply with the terms of its charter or applicable laws and regulations; or (4) manage its public funds in a prudent or legal manner. Unless an emergency exists, prior to revoking a charter, the State Board of Education shall provide the governing council of the charter school with a written notice of the reasons for the revocation, including the identification of specific incidents of noncompliance with the law, regulation or charter or other matters warranting revocation of the charter. It shall also provide the governing council with the opportunity to demonstrate compliance with all requirements for the retention of its charter by providing the State Board of Education or a subcommittee of the board, as determined by the State Board of Education, with a written or oral presentation. Such presentation shall include an opportunity for the governing council to present documentary and testimonial evidence to refute the facts cited by the State Board of Education for the proposed revocation or in justification of its activities. Such opportunity shall not constitute a contested case within the meaning of chapter 54. The State Board of Education shall determine, not later than thirty days after the date of an oral presentation or receipt of a written presentation, whether and when the charter shall be revoked and notify the governing council of the decision and the reasons therefor. A decision to revoke a charter shall not constitute a final decision for purposes of chapter 54. In the event an emergency exists in which the commissioner finds that there is imminent harm to the students attending a charter school, the State Board of Education may immediately revoke the charter of the school, provided the notice concerning the reasons for the revocation is sent to the governing council not later than ten days after the date of revocation and the governing council is provided an opportunity to make a presentation to the board not later than twenty days from the date of such notice.

(j) Subject to the provisions of subdivision (8) of subsection (d) of this section, each local and state charter school shall conduct an enrollment lottery for students seeking enrollment in such local or state charter school, except that such local or state charter school shall not be required to conduct such enrollment lottery if such local or state charter school has a specialized focus or theme, approved by the Commissioner of Education, designed to serve a particular student population. Any student who does not reside in the school district that such local or state charter school is located may apply for enrollment in such local or state charter school and the name of such student shall be included in the enrollment lottery. Each student residing in the school district where such local or state charter school is located and who is enrolled in a grade served by such local or state charter school shall be included in such enrollment lottery unless such student elects not to participate in such enrollment lottery. The local or regional board of education or the governing council of a charter school shall notify such students of their eligibility status in such enrollment lottery at least forty-five days prior to when such enrollment lottery is to be held. Any student selected in such enrollment lottery may elect to not be enrolled in such local or state charter school.

(k) (1) The governing council of a local or state charter school may apply to the State Board of Education for a waiver of the requirements of the enrollment lottery described in subsection (d) of this section, provided such state or local charter school has as its primary purpose the establishment of education programs designed to serve one or more of the following populations: (A) Students with a history of low academic performance, (B) students who receive free or reduced priced lunches pursuant to federal law and regulations, (C) students with a history of behavioral and social difficulties, (D) students identified as requiring special education, (E) students who are English language learners, or (F) students of a single gender.

(2) An enrollment lottery described in subdivision (8) of subsection (d) of this section shall not be held for a local charter school that is established at a school that is among the schools with a percentage equal to or less than five per cent when all schools are ranked highest to lowest in school performance index scores, as defined in section 10-223e, as amended by this act.

Sec. 9. (NEW) (Effective from passage) (a) The Department of Education shall develop and implement a uniform system of accounting for school expenditures. Such uniform system of accounting shall include a chart of accounts to be used at the school and district level. Select measures shall be required at the individual school level, as determined by the department.

(b) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, each local or regional board of education, regional educational service center and state charter school shall implement such uniform system of accounting by completing and filing with the department the chart of accounts and meet the provisions of section 10-227 of the general statutes.

(c) The Office of Policy and Management may annually audit the chart of accounts for any local or regional board of education, regional educational service center or state charter school.

Sec. 10. (Effective from passage) (a) The Department of Education shall study issues relating to small school districts. The department shall consider (1) financial disincentives for any small district in which the per pupil cost of the prior fiscal year exceeds the state average per pupil cost of the prior fiscal year, such as a small district reduction percentage, (2) financial incentives for small district consolidation, (3) the regional bonus provisions described in section 10-262f of the general statutes, (4) the effect of regional districts and cooperative arrangements, as described in section 10-158a of the general statutes, on bonus provisions as they relate to state reimbursement, and (5) the minimum budget requirement, described in subsection (f) of section 10-262i of the general statutes, as amended by this act.

(b) On or before January 1, 2013, the department shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

(c) As used in this section:

(1) "Small district" means any local or regional board of education with an average daily membership, as defined in section 10-261 of the general statutes, of less than one thousand pupils.

(2) "Per pupil cost" means, for a local or regional board of education, the quotient of the net current expenditures, as defined in section 10-261 of the general statutes, divided by the average daily membership of such local or regional board of education.

(3) "State average per pupil cost" means the quotient of the sum of the net current expenditures, of all local and regional boards of education, divided by the sum of the average daily membership of all local and regional boards of education.

(4) "Small district reduction percentage" means (A) ten per cent for the first fiscal year in which the per pupil cost of the local or regional board of education for the prior fiscal year exceeds the state average per pupil cost for the prior fiscal year by at least ten per cent, (B) twenty per cent for the second consecutive fiscal year in which the per pupil cost of the local or regional board of education for the prior fiscal year exceeds the state average per pupil cost for the prior fiscal year by at least ten per cent, (C) thirty per cent for the third consecutive fiscal year in which the per pupil cost of the local or regional board of education for the prior fiscal year exceeds the state average per pupil cost for the prior fiscal year by at least ten per cent, (D) forty per cent for the fourth consecutive fiscal year in which the per pupil cost of the local or regional board of education for the prior fiscal year exceeds the state average per pupil cost for the prior fiscal year by at least ten per cent, or (E) fifty per cent for the fifth consecutive fiscal year in which the per pupil cost of the local or regional board of education for the prior fiscal year exceeds the state average per pupil cost for the prior fiscal year by at least ten per cent.

Sec. 11. Subsection (c) of section 10-264l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(c) (1) The maximum amount each interdistrict magnet school program, except those described in subparagraphs (A) to (F), inclusive, of subdivision (3) of this subsection, shall be eligible to receive per enrolled student who is not a resident of the town operating the magnet school shall be (A) six thousand sixteen dollars for the fiscal year ending June 30, 2008, [and] (B) six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2009, to June 30, [2013] 2012, inclusive, and (C) seven thousand four hundred forty dollars for the fiscal year ending June 30, 2013, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the town operating the magnet school program shall be three thousand dollars for the fiscal year ending June 30, 2008, and each fiscal year thereafter.

(2) For the fiscal year ending June 30, 2003, and each fiscal year thereafter, the commissioner may, within available appropriations, provide supplemental grants for the purposes of enhancing educational programs in such interdistrict magnet schools, as the commissioner determines. Such grants shall be made after the commissioner has conducted a comprehensive financial review and approved the total operating budget for such schools, including all revenue and expenditure estimates.

(3) (A) Except as otherwise provided in subparagraphs (C) to (F), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls less than fifty-five per cent of the school's students from a single town shall receive a per pupil grant in the amount of (i) six thousand two hundred fifty dollars for the fiscal year ending June 30, 2006, (ii) six thousand five hundred dollars for the fiscal year ending June 30, 2007, (iii) seven thousand sixty dollars for the fiscal year ending June 30, 2008, [and] (iv) seven thousand six hundred twenty dollars for the fiscal year ending June 30, 2009, [and each fiscal year thereafter] to June 30, 2012, inclusive, and (v) eight thousand one hundred eighty dollars for the fiscal year ending June 30, 2013, and each fiscal year thereafter.

(B) Except as otherwise provided in subparagraphs (C) to (F), inclusive, of this subdivision, each interdistrict magnet school operated by a regional educational service center that enrolls at least fifty-five per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent of the school's students in the amount of (i) six thousand sixteen dollars for the fiscal year ending June 30, 2008, [and] (ii) six thousand seven hundred thirty dollars for the fiscal year ending June 30, 2009, [and each fiscal year thereafter] to June 30, 2012, inclusive, and (iii) seven thousand four hundred forty dollars for the fiscal year ending June 30, 2013, and each fiscal year thereafter. The per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent of the school's students shall be three thousand dollars.

[(C) Each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 1998, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but no more than seventy per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but no more than seventy per cent of the school's students in the amount of four thousand eight hundred ninety-four dollars for the fiscal year ending June 30, 2010, and four thousand two hundred sixty-three dollars for the fiscal year ending June 30, 2011, and a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than seventy per cent of the school's students in the amount of six thousand seven hundred thirty dollars for the fiscal years ending June 30, 2010, and June 30, 2011.]

[(D)] (C) Each interdistrict magnet school operated by a regional educational service center that began operations for the school year commencing July 1, 2001, and that for the school year commencing July 1, 2008, enrolled at least fifty-five per cent, but no more than eighty per cent of the school's students from a single town shall receive a per pupil grant for each enrolled student who is a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students in the amount of [four thousand two hundred fifty dollars for the fiscal year ending June 30, 2010, and three thousand eight hundred thirty-three] eight thousand one hundred eighty dollars for the fiscal [years] year ending [June 30, 2011, June 30, 2012, and] June 30, 2013, and each fiscal year thereafter, and a per pupil grant for each enrolled student who is not a resident of the district that enrolls at least fifty-five per cent, but no more than eighty per cent of the school's students in the amount of [six thousand seven hundred thirty] eight thousand one hundred eighty dollars for the fiscal [years] year ending [June 30, 2010, June 30, 2011, June 30, 2012, and] June 30, 2013, [inclusive] and each fiscal year thereafter.

[(E)] (D) Each interdistrict magnet school operated by (i) a regional educational service center, (ii) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (iii) the Board of Trustees of the Connecticut State University System on behalf of a state university, (iv) the Board of Trustees for The University of Connecticut on behalf of the university, (v) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (vi) cooperative arrangements pursuant to section 10-158a, and (vii) any other third-party not-for-profit corporation approved by the commissioner that enrolls less than sixty per cent of its students from Hartford pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall receive a per pupil grant in the amount of (I) nine thousand six hundred ninety-five dollars for the fiscal year ending June 30, 2010, and (II) ten thousand four hundred forty-three dollars for the fiscal years ending June 30, 2011, to June 30, 2013, inclusive.

[(F)] (E) Each interdistrict magnet school operated by the Hartford school district, pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall receive a per pupil grant for each enrolled student who is not a resident of the district in the amount of (i) twelve thousand dollars for the fiscal year ending June 30, 2010, and (ii) thirteen thousand fifty-four dollars for the fiscal years ending June 30, 2011, to June 30, 2013, inclusive.

[(G)] (F) In addition to the grants described in subparagraph [(F)] (E) of this subdivision, for the fiscal year ending June 30, 2010, the commissioner may, subject to the approval of the Secretary of the Office of Policy and Management and the Finance Advisory Committee, established pursuant to section 4-93, provide supplemental grants to the Hartford school district of up to one thousand fifty-four dollars for each student enrolled at an interdistrict magnet school operated by the Hartford school district who is not a resident of such district.

(4) The amounts of the grants determined pursuant to this subsection shall be proportionately adjusted, if necessary, within available appropriations, and in no case shall any grant pursuant to this section exceed the reasonable operating budget of the interdistrict magnet school program, less revenues from other sources. Any interdistrict magnet school program operating less than full-time, but at least half-time, shall be eligible to receive a grant equal to sixty-five per cent of the grant amount determined pursuant to this subsection.

(5) Within available appropriations, the commissioner may make grants to the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner and that provide academic support programs and summer school educational programs approved by the commissioner to students participating in such interdistrict magnet school program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.

(6) Within available appropriations, the Commissioner of Education may make grants, in an amount not to exceed seventy-five thousand dollars, for start-up costs associated with the development of new interdistrict magnet school programs that assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner, to the following entities that develop such a program: (A) Regional educational service centers, (B) local and regional boards of education, (C) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (D) the Board of Trustees of the Connecticut State University System on behalf of a state university, (E) the Board of Trustees for The University of Connecticut on behalf of the university, (F) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (G) cooperative arrangements pursuant to section 10-158a, and (H) any other third-party not-for-profit corporation approved by the commissioner.

Sec. 12. Section 10-65 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Each local or regional school district operating an agricultural science and technology education center approved by the State Board of Education for program, educational need, location and area to be served shall be eligible for the following grants: (1) In accordance with the provisions of chapter 173, through progress payments in accordance with the provisions of section 10-287i, (A) for projects for which an application was filed prior to July 1, 2011, ninety-five per cent, and (B) for projects for which an application was filed on or after July 1, 2011, eighty per cent of the net eligible costs of constructing, acquiring, renovating and equipping approved facilities to be used for such agricultural science and technology education center, for the expansion or improvement of existing facilities or for the replacement or improvement of equipment therein, and (2) subject to the provisions of section 10-65b, in an amount equal to one thousand three hundred fifty-five dollars per student for every secondary school student who was enrolled in such center on October first of the previous year.

(b) Each local or regional board of education not maintaining an agricultural science and technology education center shall provide opportunities for its students to enroll in one or more such centers in a number that is at least equal to the number specified in any written agreement with each such center or centers, or in the absence of such an agreement, a number that is at least equal to the average number of its students that the board of education enrolled in each such center or centers during the previous three school years, provided, in addition to such number, each such board of education shall provide opportunities for its students to enroll in the ninth grade in a number that is at least equal to the number specified in any written agreement with each such center or centers, or in the absence of such an agreement, a number that is at least equal to the average number of students that the board of education enrolled in the ninth grade in each such center or centers during the previous three school years. If a local or regional board of education provided opportunities for students to enroll in more than one center for the school year commencing July 1, 2007, such board of education shall continue to provide such opportunities to students in accordance with this subsection. The board of education operating an agricultural science and technology education center may charge, subject to the provisions of section 10-65b, tuition for a school year in an amount not to exceed eighty-two and five-tenths per cent of the foundation level pursuant to subdivision (9) of section 10-262f, per student for the fiscal year in which the tuition is paid, except that such board may charge tuition for (1) students enrolled under shared-time arrangements on a pro rata basis, and (2) special education students which shall not exceed the actual costs of educating such students minus the amounts received pursuant to subdivision (2) of subsection (a) of this section and subsection (c) of this section. Any tuition paid by such board for special education students in excess of the tuition paid for non-special-education students shall be reimbursed pursuant to section 10-76g.

(c) In addition to the grants described in subsection (a) of this section, within available appropriations, (1) each local or regional board of education operating an agricultural science and technology education center in which more than one hundred fifty of the students in the prior school year were out-of-district students shall be eligible to receive a grant in an amount equal to five hundred dollars for every secondary school student enrolled in such center on October first of the previous year, (2) on and after July 1, 2000, if a local or regional board of education operating an agricultural science and technology education center that received a grant pursuant to subdivision (1) of this subsection no longer qualifies for such a grant, such local or regional board of education shall receive a grant in an amount determined as follows: (A) For the first fiscal year such board of education does not qualify for a grant under said subdivision (1), a grant in the amount equal to four hundred dollars for every secondary school student enrolled in its agricultural science and technology education center on October first of the previous year, (B) for the second successive fiscal year such board of education does not so qualify, a grant in an amount equal to three hundred dollars for every such secondary school student enrolled in such center on said date, (C) for the third successive fiscal year such board of education does not so qualify, a grant in an amount equal to two hundred dollars for every such secondary school student enrolled in such center on said date, and (D) for the fourth successive fiscal year such board of education does not so qualify, a grant in an amount equal to one hundred dollars for every such secondary school student enrolled in such center on said date, and (3) each local and regional board of education operating an agricultural science and technology education center that does not receive a grant pursuant to subdivision (1) or (2) of this subsection shall receive a grant in an amount equal to sixty dollars for every secondary school student enrolled in such center on said date.

(d) (1) If there are any remaining funds after the amount of the grants described in subsections (a) and (c) of this section are calculated, within available appropriations, each local or regional board of education operating an agricultural science and technology education center shall be eligible to receive a grant in an amount equal to one hundred dollars for each student enrolled in such center on October first of the previous school year. (2) If there are any remaining funds after the amount of the grants described in subdivision (1) of this subsection are calculated, within available appropriations, each local or regional board of education operating an agricultural science and technology education center that had more than one hundred fifty out-of-district students enrolled in such center on October first of the previous school year shall be eligible to receive a grant based on the ratio of the number of out-of-district students in excess of one hundred fifty out-of-district students enrolled in such center on said date to the total number of out-of-district students in excess of one hundred fifty out-of-district students enrolled in all agricultural science and technology education centers that had in excess of one hundred fifty out-of-district students enrolled on said date.

(e) For the fiscal years ending June 30, 2012, and June 30, 2013, the Department of Education shall allocate five hundred thousand dollars to local or regional boards of education operating an agricultural science and technology education center in accordance with the provisions of subsections (b) to (d), inclusive, of this section.

(f) For the fiscal year ending June 30, 2013, and each fiscal year thereafter, if a local or regional board of education receives an increase in funds pursuant to this section over the amount it received for the prior fiscal year such increase shall not be used to supplant local funding for educational purposes.

Sec. 13. Section 10-65a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Each local and regional board of education which operates an agricultural science and technology education center shall establish and implement a five-year plan to increase racial and ethnic diversity at such center. The plan shall reasonably reflect the racial and ethnic diversity of the area of the state in which the center is located.

(b) Each local and regional board of education which operates an agricultural science and technology education center shall conduct an annual study to ascertain the educational and vocational activities in which graduates of such center are engaged five years after graduation and shall submit the study to the State Board of Education.

(c) The Department of Education shall, within available appropriations, offer competitive grants to regional agricultural science and technology education centers to develop plans to (1) increase the enrollment of students who reside in a priority school district pursuant to section 10-266p, and (2) increase overall student enrollment at agricultural science and technology education centers.

Sec. 14. Subdivision (4) of subsection (e) of section 10-76d of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(4) Notwithstanding any other provision of this section, the Department of Mental Health and Addiction Services shall provide regular education and special education and related services to eligible residents in facilities operated by the department who are eighteen to twenty-one years of age. In the case of a resident who requires special education, the department shall provide the requisite identification and evaluation of such resident in accordance with the provisions of this section. The department shall be financially responsible for the provision of educational services to eligible residents. The Departments of Mental Health and Addiction Services, Children and Families and Education shall develop and implement an interagency agreement which specifies the role of each agency in ensuring the provision of appropriate education services to eligible residents in accordance with this section. The [State Board of Education shall pay to the] Department of Mental Health and Addiction Services shall be responsible for one hundred per cent of the reasonable costs of such educational services provided to eligible residents of such facilities. [Payment shall be made by the board as follows: Eighty-five per cent of the estimated cost in July and the adjusted balance in May.]

Sec. 15. (NEW) (Effective July 1, 2012) (a) There is established a Connecticut Attract the Best Teacher Scholarship Program administered by the Office of Financial and Academic Affairs for Higher Education, in consultation with the Department of Education.

(b) The program shall, within available appropriations, provide grants to students described in subsection (c) of this section who demonstrate exemplary academic achievement, as evidenced by measures which may include, but not be limited to, grade point average, scores received on examinations conducted pursuant to section 10-145f of the general statutes, as amended by this act, and a commitment to be employed by a local or regional board of education in (1) a school district identified as a priority school district pursuant to section 10-266p of the general statutes, or (2) a school designated as a commissioner's network school pursuant to section 10-223e of the general statutes, as amended by this act.

(c) A student eligible for a grant under said program shall (1) be enrolled in a teacher education program during such student's senior year at a four-year public institution of higher education or an independent college or university, as defined in section 10a-37 of the general statutes, (2) complete the requirements of such a teacher education program as a graduate student for one year, or (3) be enrolled in an alternate route to certification program administered through the Office of Financial and Academic Affairs for Higher Education. No student shall receive more than one grant under said program. A grant awarded to a student shall not exceed five thousand dollars.

(d) A student who is awarded a grant under this section, and who has an agreement for employment with a local or regional board of education for a school district identified as a priority school district pursuant to section 10-266p of the general statutes or for a school designated as a commissioner's network school pursuant to section 10-223e of the general statutes, as amended by this act, upon graduation, shall be eligible for reimbursement of federal or state educational loan payments up to a maximum of two thousand five hundred dollars per year for up to four years that such student is so employed.

(e) Notwithstanding the provisions of subsections (c) and (d) of this section, the combined dollar value of grants and loan payment reimbursements awarded pursuant to this section shall not exceed fifteen thousand dollars per student.

(f) The Office of Financial and Academic Affairs for Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration.

Sec. 16. Section 10-223e of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) As used in this section:

(1) "School performance index" means the sum of the subject performance indices for mathematics, reading, writing and science.

(2) "School subject performance index for mathematics" means thirty per cent multiplied by the sum of the school mastery test data of record, as defined in section 10-262f, for mathematics weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(3) "School subject performance index for reading" means thirty per cent multiplied by the sum of the school mastery test data of record, as defined in section 10-262f, for reading weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(4) "School subject performance index for writing" means thirty per cent multiplied by the sum of the school mastery test data of record, as defined in section 10-262f, for writing weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(5) "School subject performance index for science" means ten per cent multiplied by the sum of the school mastery test data of record, as defined in section 10-262f, for science weighted as follows: (A) Zero for the percentage of students scoring below basic, (B) twenty-five per cent for the percentage of students scoring at basic, (C) fifty per cent for the percentage of students scoring at proficient, (D) seventy-five per cent for the percentage of students scoring at goal, and (E) one hundred per cent for the percentage of students scoring at advanced.

(6) "Category five school" means a school with a percentage less than twenty per cent when all schools are ranked highest to lowest in school performance index scores.

(7) "Category four school" means a school with a percentage equal to or greater than twenty per cent, but less than forty per cent when all schools are ranked highest to lowest in school performance index scores.

(8) "Category three school" means a school with a percentage equal to or greater than forty per cent, but less than sixty per cent when all schools are ranked highest to lowest in school performance index scores.

(9) "Category two school" means a school with a percentage equal to or greater than sixty per cent, but less than eighty per cent when all schools are ranked highest to lowest in school performance index scores.

(10) "Category one school" means a school with a percentage equal to or greater than eighty per cent when all schools are ranked highest to lowest in school performance index scores.

[(a) In] (b) (1) For the school years commencing July 1, 2002, to July 1, 2011, inclusive, in conformance with the No Child Left Behind Act, P.L. 107-110, the Commissioner of Education shall prepare a state-wide education accountability plan, consistent with federal law and regulation. Such plan shall identify the schools and districts in need of improvement, require the development and implementation of improvement plans and utilize rewards and consequences.

(2) For the school year commencing July 1, 2012, and each school year thereafter, the Department of Education shall prepare a state-wide performance management and support plan, consistent with federal law and regulation. Such plan shall (A) identify districts in need of improvement, (B) classify schools as category one, two, three, four or five schools based on their school performance index, and (C) identify a category of schools, to be known as focus schools, that have a low performing subgroup of students using measures of student academic achievement and growth in the aggregate or for such subgroups over time, including any period of time prior to July 1, 2014.

[(b)] (c) (1) Public schools identified by the State Board of Education pursuant to section 10-223b of the general statutes, revision of 1958, revised to January 1, 2001, as schools in need of improvement shall: [(1)] (A) Continue to be identified as schools in need of improvement, and continue to operate under school improvement plans developed pursuant to said section 10-223b through June 30, 2004; [(2)] (B) on or before February 1, 2003, be evaluated by the local board of education and determined to be making sufficient or insufficient progress; [(3)] (C) if found to be making insufficient progress by a local board of education, be subject to a new remediation and organization plan developed by the local board of education; [(4)] (D) continue to be eligible for available federal or state aid; [(5)] (E) beginning in February, 2003, be monitored by the Department of Education for adequate yearly progress, as defined in the state accountability plan prepared in accordance with subsection [(a)] (b) of this section; and [(6)] (F) be subject to rewards and consequences as defined in said plan.

(2) Public schools and school districts identified by the State Board of Education pursuant to section 10-223e of the general statutes, revision of 1958, revised to January 1, 2011, as schools or districts in need of improvement pursuant to subsection (a) of said section 10-223e or low achieving schools or districts pursuant to subdivision (1) of subsection (c) of said section 10-223e shall: (A) Continue to be identified as schools in need of improvement and low achieving schools, and continue to operate under a state accountability plan prepared in accordance with the provisions of said section 10-223e through June 30, 2012; (B) on or before July 1, 2012, be evaluated by the local or regional board of education and determined to be making adequate yearly progress; (C) if found to be failing to make adequate yearly progress by a local or regional board of education, be subject to the state-wide performance management and support plan prepared in accordance with the provisions of subdivision (2) of subsection (b) of this section; (D) continue to be eligible for available federal or state aid; (E) beginning July 1, 2012, be monitored by the Department of Education to determine if student achievement for such school or district is at an acceptable level, as defined in the state-wide performance management and support plan prepared in accordance with the provisions of subdivision (2) of subsection (b) of this section; and (F) be subject to rewards and consequences as defined in such state-wide performance management and support plan.

(d) (1) For those schools classified as category three schools, the department may require such schools to (A) develop and implement plans consistent with this section and federal law to elevate the school from low achieving status, and (B) be the subject of actions as described in the state-wide performance management and support plan, prepared in accordance with the provisions of subdivision (2) of subsection (b) of this section.

(2) For those schools classified as category three schools, the department may require the local or regional board of education for such schools to collaborate with the regional educational service center that serves the area in which such schools are located to develop plans to ensure such schools provide early education opportunities, summer school, extended school day or year programming, weekend classes, tutorial assistance to their students or professional development to their administrators, principals, teachers and paraprofessionals. In requiring any educational program authorized by this subdivision, the Commissioner of Education may limit the offering of such program to the subgroup of students that have failed to reach performance benchmarks or those in transitional or milestone grades or those who are otherwise at substantial risk of educational failure as described in the state-wide performance management and support plan, prepared in accordance with the provisions of subdivision (2) of subsection (b) of this section.

[(c)] (e) (1) (A) Any school or school district identified as in need of improvement pursuant to [subsection (a)] subdivision (1) of subsection (b) of this section and requiring corrective action pursuant to the requirements of the No Child Left Behind Act, P.L. 107-110, shall be designated and listed as a low achieving school or school district and shall be subject to intensified supervision and direction by the State Board of Education.

(B) Any school classified as a category four school or category five school or a school designated as a focus school shall be designated as low achieving and shall be subject to intensified supervision and direction by the State Board of Education.

(2) Notwithstanding any provision of this title or any regulation adopted pursuant to said [statutes] title, except as provided in subdivision (3) of this subsection, in carrying out the provisions of subdivision (1) of this subsection and this subdivision, the State Board of Education shall take any of the following actions to improve student performance of the school district, a particular school in the district or among student subgroups, and remove the school or district from the list of schools or districts designated and listed as a low achieving school or district pursuant to said subdivision (1), and to address other needs of the school or district: (A) Require an operations audit to identify possible programmatic savings and an instructional audit to identify any deficits in curriculum and instruction or in the learning environment of the school or district; (B) require the local or regional board of education for such school or district to use state and federal funds for critical needs, as directed by the State Board of Education; (C) provide incentives to attract highly qualified teachers and principals; (D) direct the transfer and assignment of teachers and principals; (E) require additional training and technical assistance for parents and guardians of children attending the school or a school in the district and for teachers, principals, and central office staff members hired by the district; (F) require the local or regional board of education for the school or district to implement model curriculum, including, but not limited to, recommended textbooks, materials and supplies approved by the Department of Education; (G) identify schools for reconstitution, as may be phased in by the commissioner, as state or local charter schools, schools established pursuant to section 10-74g, innovation schools established pursuant to section 10-74h, or schools based on other models for school improvement, or for management by an entity other than the local or regional board of education for the district in which the school is located; (H) direct the local or regional board of education for the school or district to develop and implement a plan addressing deficits in achievement and in the learning environment as recommended in the instructional audit; (I) assign a technical assistance team to the school or district to guide school or district initiatives and report progress to the Commissioner of Education; (J) establish instructional and learning environment benchmarks for the school or district to meet as it progresses toward removal from the list of low achieving schools or districts; (K) provide funding to any proximate district to a district designated as a low achieving school district so that students in a low achieving district may attend public school in a neighboring district; (L) direct the establishment of learning academies within schools that require continuous monitoring of student performance by teacher groups; (M) require local and regional boards of education to (i) undergo training to improve their operational efficiency and effectiveness as leaders of their districts' improvement plans, and (ii) submit an annual action plan to the Commissioner of Education outlining how, when and in what manner their effectiveness shall be monitored; [or] (N) require the appointment of (i) a superintendent, approved by the Commissioner of Education, or (ii) a special master, selected by the commissioner, whose authority is consistent with the provisions of section 138 of public act 11-61, and whose term shall be for one school year, except that the State Board of Education may extend such period; or (O) any combination of the actions described in this subdivision or similar, closely related actions.

(3) If a directive of the State Board of Education pursuant to subparagraph (C), (D), (E), (G) or (L) of subdivision (2) of this subsection or a directive to implement a plan pursuant to subparagraph (H) of said subdivision (2) affects working conditions, such directive shall be carried out in accordance with the provisions of sections 10-153a to 10-153n, inclusive.

[(4) The Comptroller shall, pursuant to the provisions of section 10-262i, withhold any grant funds that a town is otherwise required to appropriate to a local or regional board of education due to low academic achievement in the school district pursuant to section 10-262h. Said funds shall be transferred to the Department of Education and shall be expended by the department on behalf of the identified school district. Said funds shall be used to implement the provisions of subdivision (2) of this subsection and to offset such other local education costs that the Commissioner of Education deems appropriate to achieve school improvements. These funds shall be awarded by the commissioner to the local or regional board of education for such identified school district upon condition that said funds shall be spent in accordance with the directives of the commissioner.]

[(d)] (f) The State Board of Education shall monitor the progress of each school or district designated as a low achieving school or district pursuant to subparagraph (A) of subdivision (1) of subsection [(c)] (e) of this section and provide notice to the local or regional board of education for each such school or district of the school or district's progress toward meeting the benchmarks established by the State Board of Education pursuant to subsection [(c)] (e) of this section. If a district fails to make acceptable progress toward meeting such benchmarks established by the State Board of Education and fails to make adequate yearly progress pursuant to the requirements of the No Child Left Behind Act, P.L. 107-110, for two consecutive years while designated as a low achieving school district, the State Board of Education, after consultation with the Governor and chief elected official or officials of the district, may (1) request that the General Assembly enact legislation authorizing that control of the district be reassigned to the State Board of Education or other authorized entity, or (2) notwithstanding the provisions of chapter 146, any special act, charter or ordinance, grant the Commissioner of Education the authority to reconstitute the local or regional board of education for such school district in accordance with the provisions of subsection [(h)] (i) of this section.

[(e)] (g) Any school district or elementary school after two successive years of failing to make adequate yearly progress shall be designated as a low achieving school district or school and shall be evaluated by the Commissioner of Education. After such evaluation, the commissioner may require that such school district or school provide full-day kindergarten classes, summer school, extended school day, weekend classes, tutorial assistance to its students or professional development to its administrators, principals, teachers and paraprofessional teacher aides if (1) on any subpart of the third grade state-wide mastery examination, thirty per cent or more of the students in any subgroup, as defined by the No Child Left Behind Act, P.L. 107-110, do not achieve the level of proficiency or higher, or (2) the commissioner determines that it would be in the best educational interests of the school or the school district to have any of these programs. In ordering any educational program authorized by this subsection, the commissioner may limit the offering of the program to the subgroup of students that have failed to achieve proficiency as determined by this subsection, those in particular grades or those who are otherwise at substantial risk of educational failure. The costs of instituting the ordered educational programs shall be borne by the identified low achieving school district or the school district in which an identified low achieving school is located. The commissioner shall not order an educational program that costs more to implement than the total increase in the amount of the grant that a town receives pursuant to section 10-262i in any fiscal year above the prior fiscal year.

[(f)] (h) The Commissioner of Education shall conduct a study, within the limits of the capacity of the Department of Education to perform such study, of academic achievement of individual students over time as measured by performance on the state-wide mastery examination in grades three to eight, inclusive. If this study evidences a pattern of continuous and substantial growth in educational performance on said examinations for individual students, then the commissioner may determine that the school district or elementary school shall not be subject to the requirements of subsection [(e)] (g) of this section, but shall still comply with the requirements of the No Child Left Behind Act, P.L. 107-110, if applicable.

[(g) (1) (A) Except as provided in subparagraph (C) of this subdivision, on and after July 1, 2010, the local or regional board of education for a school that has been identified as in need of improvement pursuant to subsection (a) of this section may establish, in accordance with the provisions of this subsection, a school governance council for each school so identified.

(B) Except as provided in subparagraph (C) of this subdivision, on and after July 1, 2010, the local or regional board of education for a school that has been designated as a low achieving school, pursuant to subdivision (1) of subsection (c) of this section, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level shall establish, in accordance with the provisions of this subsection, a school governance council for each school so designated.

(C) The provisions of subparagraphs (A) and (B) of this subdivision shall not apply to a school described in said subparagraphs if (i) such school consists of a single grade level, or (ii) such school is under the jurisdiction of a local or regional board of education that has adopted a similar school governance council model on or before July 1, 2011, that consists of parents, teachers from each grade level or subject area, administrators and paraprofessionals and such school governance council model is being administered at such school at the time such school is so identified as in need of improvement or so designated as a low achieving school.

(2) (A) The school governance council for high schools shall consist of (i) seven members who shall be parents or guardians of students attending the school, (ii) two members who shall be community leaders within the school district, (iii) five members who shall be teachers at the school, (iv) one nonvoting member who is the principal of the school, or his or her designee, and (v) two nonvoting student members who shall be students at the school. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school. The nonvoting student members shall be elected by the student body of the school.

(B) The school governance council for elementary and middle schools shall consist of (i) seven members who shall be parents or guardians of students attending the school, (ii) two members who shall be community leaders within the school district, (iii) five members who shall be teachers at the school, and (iv) one nonvoting member who is the principal of the school, or his or her designee. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school.

(C) Terms of voting members elected pursuant to this subdivision shall be for two years and no members shall serve more than two terms on the council. The nonvoting student members shall serve one year and no student member shall serve more than two terms on the council.

(D) (i) Except for those schools described in subparagraph (C) of subdivision (1) of this subsection, schools that have been designated as a low achieving school pursuant to subdivision (1) of subsection (c) of this section due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, and are among the lowest five per cent of schools in the state based on achievement shall establish a school governance council for the school not later than January 15, 2011.

(ii) Except for those schools described in subparagraph (C) of subdivision (1) of this subsection, schools that have been designated as a low achieving school, pursuant to subdivision (1) of subsection (c) of this section, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, but are not among the lowest five per cent of schools in the state based on achievement, shall establish a school governance council for the school not later than November 1, 2011.

(3) The school governance council shall have the following responsibilities: (A) Analyzing school achievement data and school needs relative to the improvement plan for the school prepared pursuant to this section; (B) reviewing the fiscal objectives of the draft budget for the school and providing advice to the principal of the school before such school's budget is submitted to the superintendent of schools for the district; (C) participating in the hiring process of the school principal or other administrators of the school by conducting interviews of candidates and reporting on such interviews to the superintendent of schools for the school district and the local and regional board of education; (D) assisting the principal of the school in making programmatic and operational changes for improving the school's achievement, including program changes, adjusting school hours and days of operation, and enrollment goals for the school; (E) working with the school administration to develop and approve a school compact for parents, legal guardians and students that includes an outline of the criteria and responsibilities for enrollment and school membership consistent with the school's goals and academic focus, and the ways that parents and school personnel can build a partnership to improve student learning; (F) developing and approving a written parent involvement policy that outlines the role of parents and legal guardians in the school; (G) utilizing records relating to information about parents and guardians of students maintained by the local or regional board of education for the sole purpose of the election described in subdivision (2) of this subsection. Such information shall be confidential and shall only be disclosed as provided in this subparagraph and shall not be further disclosed; and (H) if the council determines it necessary and subject to the provisions of subdivision (8) of this subsection recommending reconstitution of the school in accordance with the provisions of subdivision (6) of this subsection.

(4) The school governance council or a similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section may: (A) In those schools that require an improvement plan, review the annual draft report detailing the goals set forth in the state accountability plan prepared in accordance with subsection (a) of this section and provide advice to the principal of the school prior to submission of the report to the superintendent of schools; (B) in those schools where an improvement plan becomes required pursuant to subsection (a) of this section, assist the principal of the school in developing such plan prior to its submission to the superintendent of schools; (C) work with the principal of the school to develop, conduct and report the results of an annual survey of parents, guardians and teachers on issues related to the school climate and conditions; and (D) provide advice on any other major policy matters affecting the school to the principal of the school, except on any matters relating to provisions of any collective bargaining agreement between the exclusive bargaining unit for teachers pursuant to section 10-153b and local or regional boards of education.

(5) The local or regional board of education shall provide appropriate training and instruction to members of the school governance council or a similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section to aid them in the execution of their duties.

(6) (A) The school governance council or a similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been designated as a low achieving school, pursuant to subdivision (1) of subsection (c) of this section may, by an affirmative vote of the council, recommend the reconstitution of the school into one of the following models: (i) The turnaround model, as described in the Federal Register of December 10, 2009; (ii) the restart model, as described in the Federal Register of December 10, 2009; (iii) the transformation model, as described in the Federal Register of December 10, 2009; (iv) any other model that may be developed by federal law; (v) a CommPACT school, pursuant to section 10-74g; or (vi) an innovation school, pursuant to section 10-74h. Not later than ten days after the school governance council informs the local or regional board of education of its recommendation for the school, such board shall hold a public hearing to discuss such vote of the school governance council and shall, at the next regularly scheduled meeting of such board or ten days after such public hearing, whichever is later, conduct a vote to accept the model recommended by the school governance council, select an alternative model described in this subdivision or maintain the current school status. If the board selects an alternative model, the board shall meet with such school governance council to discuss an agreement on which alternative to adopt not later than ten days after such vote of the board. If no such agreement can be achieved, not later than forty-five days after the last such meeting between the board and the school governance council, the Commissioner of Education shall decide which of the alternatives to implement. If the board votes to maintain the current school status, not later than forty-five days after such vote of the board, the Commissioner of Education shall decide whether to implement the model recommended by the school governance council or to maintain the current school status. If the final decision pursuant to this subdivision is adoption of a model, the local or regional board of education shall implement such model during the subsequent school year in conformance with the general statutes and applicable regulations, and the provisions specified in federal regulations and guidelines for schools subject to restructuring pursuant to Section 1116(b)(8) of the No Child Left Behind Act, P.L. 107-110 or any other applicable federal laws or regulations.

(B) Any school governance council for a school or any similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section may recommend reconstitution, pursuant to subparagraph (H) of subdivision (3) of this subsection, during the third year after such school governance council or such similar school governance council model was established if the school for such governance council has not reconstituted as a result of receiving a school improvement grant pursuant to Section 1003(g) of Title I of the Elementary and Secondary Education Act, 20 USC 6301 et seq., or such reconstitution was initiated by a source other than the school governance council.

(7) A school governance council or any similar school governance council model, described in subparagraph (C) of subdivision (1) of this subsection, at a school that has been identified as in need of improvement pursuant to subsection (a) of this section shall be considered a component of parental involvement for purposes of federal funding pursuant to Section 1118 of the No Child Left Behind Act, P.L. 107-110.

(8) The Department of Education shall allow not more than twenty-five schools per school year to reconstitute pursuant to this subsection. The department shall notify school districts and school governance councils when this limit has been reached. For purposes of this subdivision, a reconstitution shall be counted towards this limit upon receipt by the department of notification of a final decision regarding reconstitution by the local or regional board of education.]

[(h)] (i) (1) The State Board of Education may authorize the Commissioner of Education to reconstitute a local or regional board of education, pursuant to subdivision (2) of subsection [(d)] (f) of this section and in accordance with the provisions of subdivision (2) of this subsection, for a period of not more than five years. The board shall not grant such authority to the commissioner unless the board has required the local or regional board of education to complete the training described in subparagraph (M) of subdivision (2) of subsection [(c)] (e) of this section. Upon such authorization by the board, the commissioner shall terminate the existing local or regional board of education and appoint the members of a new local or regional board of education for the school district. Upon the termination of an existing local or regional board of education, the electoral process for such board shall be suspended during the period of reconstitution. Such appointed members may include members of the board of education that was terminated. The terms of the members of the new board of education shall be three years. The Department of Education shall offer training to the members of the new board of education. The new board of education shall annually report to the commissioner regarding the district's progress toward meeting the benchmarks established by the State Board of Education pursuant to subsection [(c)] (e) of this section and making adequate yearly progress, as defined in the state accountability plan prepared in accordance with subdivision (1) of subsection [(a)] (b) of this section. [If the district fails to show adequate improvement, as determined by the State Board of Education, after three years] Not later than one hundred eighty days before the conclusion of the three-year term of the reconstituted board of education, the commissioner may reappoint the members of the new board of education or appoint new members to such board of education for terms of two years, to commence at the conclusion of the initial three-year term, if the district fails to show adequate improvement, as determined by the State Board of Education, after three years.

(2) Upon terminating an existing local or regional board of education pursuant to the provisions of subdivision (1) of this subsection, the commissioner shall notify the town clerk in the school district, or in the case of a regional board of education, the town clerk of each member town, and the office of the Secretary of the State of such termination. Such notice shall include the date of such termination and the positions terminated.

(3) Not later than one hundred seventy-five days before the conclusion of the term of the reconstituted board of education, the commissioner shall notify the town clerk in the school district, or in the case of a regional board of education, the town clerk of each member town, and the office of the Secretary of the State of the date that such period of reconstitution will conclude. Upon receipt of such notice by the Secretary of the State, the electoral process shall commence in accordance with the provisions of section 9-164, except that if such notice is delivered before the time specified in section 9-391 to nominate candidates for municipal office in the year of a municipal election, such offices may be placed on the ballot of a regular election, as defined in section 9-1, with the approval of the legislative body of the municipality. Notwithstanding the provisions of chapter 146 and section 10-46, the legislative body of the municipality or municipalities involved shall determine the terms of office of the new members to be elected for such office.

(4) For purposes of this subsection, "electoral process" includes, but is not limited to, the nominations of candidates by political parties, nominating petitions, write-in candidacies, and the filling of vacancies on the board of education.

Sec. 17. (Effective July 1, 2012) (a) The Commissioner of Education shall establish a commissioner's network of schools to improve student academic achievement in low performing schools. The commissioner shall select ten schools from among the schools with a percentage equal to or less than five per cent when all schools are ranked highest to lowest in school performance index scores, as defined in section 10-223e of the general statutes, as amended by this act, for inclusion in the commissioner's network of schools, provided the commissioner shall not select more than two schools from a single school district. The commissioner shall develop a plan for such schools and such plan shall (1) include an operations and instructional audit, as described in subparagraph (A) of subdivision (2) of subsection (e) of section 10-223e of the general statutes, as amended by this act, for each school so selected, (2) outline the authority of the commissioner to operate the financial and academic administration of such schools, (3) select turnaround models for such schools, including, but not limited to, CommPACT schools, as described in section 10-74g of the general statutes, and (4) include provisions requiring any matters in a turnaround plan for a school that conflicts with an existing collective bargaining agreement for the employees of such school be negotiated with the exclusive representatives of the teachers' and administrators' units, as defined in section 10-153b of the general statutes, in accordance with the provisions of subsection (c) of section 138 of public act 11-61. Such plan shall be implemented for the school year commencing July 1, 2012.

(b) Not later than August 1, 2012, the commissioner shall submit the commissioner's network plan described in subsection (a) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

Sec. 18. (NEW) (Effective July 1, 2012) For the school year commencing July 1, 2012, and each school year thereafter, the Commissioner of Education shall annually establish a family resource center, pursuant to section 10-4o of the general statutes, or a school-based health clinic in a school located in an alliance district, as defined in section 3 of this act, that has been classified as a category four school or a category five school pursuant to section 10-223e of the general statutes, as amended by this act, provided the number of family resource centers and school-based health clinics established under this section shall not exceed twenty.

Sec. 19. (NEW) (Effective July 1, 2012) (a) The Department of Education shall develop a comprehensive plan to encourage exemplary teachers and administrators, as identified by performance evaluations, conducted pursuant to section 10-151b of the general statutes, as amended by this act, and other measures, to work in the state's lowest performing schools and school districts and enhance the education profession's career ladder in such schools. Said plan shall be approved by the State Board of Education and shall:

(1) Encourage individuals to pursue and maintain careers in education in such schools and school districts;

(2) Identify professional and financial incentives, including, but not limited to, salary increases, signing bonuses, stipends, housing subsidies and housing opportunities that will encourage exemplary teachers and administrators to work in and remain in such schools and school districts; and

(3) Expand the capacity of nonprofit and private organizations currently working in the state to stimulate teacher and administrator leadership and career advancement opportunities in such schools and school districts, and enable other such organizations to do the same.

(b) The State Board of Education shall provide funding to develop and implement the plan described in subsection (a) of this section and shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, or issue orders, as appropriate, to ensure that such plan is implemented.

Sec. 20. (NEW) (Effective July 1, 2012) (a) (1) Except as provided in subdivision (4) of this subsection, on and after July 1, 2010, the local or regional board of education for a school that has been identified as in need of improvement pursuant to subdivision (1) of subsection (b) of section 10-223e of the general statutes, as amended by this act, may establish, in accordance with the provisions of this subsection, a school governance council for each school so identified.

(2) Except as provided in subdivision (4) of this subsection, on and after July 1, 2010, the local or regional board of education for a school that has been designated as a low achieving school, pursuant to subparagraph (A) of subdivision (1) of subsection (e) of section 10-223e of the general statutes, as amended by this act, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level shall establish, in accordance with the provisions of this subsection, a school governance council for each school so designated.

(3) Except as provided in subdivision (4) of this subsection, on and after July 1, 2012, the local or regional board of education for a school that has been classified as a category four school or a category five school, pursuant to section 10-223e of the general statutes, as amended by this act, shall establish, in accordance with the provisions of this subsection, a school governance council for each school so designated.

(4) The provisions of subdivisions (1) to (3), inclusive, of this subsection shall not apply to a school described in said subdivisions if (A) such school consists of a single grade level, or (B) such school is under the jurisdiction of a local or regional board of education that has adopted a similar school governance council model on or before July 1, 2011, that consists of parents, teachers from each grade level or subject area, administrators and paraprofessionals and such school governance council model is being administered at such school at the time such school is so identified as in need of improvement or so designated as a low achieving school.

(b) (1) The school governance council for a high school shall consist of (A) seven members who shall be parents or guardians of students attending the school, (B) two members who shall be community leaders within the school district, (C) five members who shall be teachers at the school, (D) one nonvoting member who is the principal of the school, or his or her designee, and (E) two nonvoting student members who shall be students at the school. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school. The nonvoting student members shall be elected by the student body of the school.

(2) The school governance council for an elementary or a middle school shall consist of (A) seven members who shall be parents or guardians of students attending the school, (B) two members who shall be community leaders within the school district, (C) five members who shall be teachers at the school, and (D) one nonvoting member who is the principal of the school, or his or her designee. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school.

(3) Terms of voting members elected pursuant to this subdivision shall be for two years and no members shall serve more than two terms on the council. The nonvoting student members shall serve one year and no student member shall serve more than two terms on the council.

(c) (1) Except for those schools described in subdivision (4) of subsection (a) of this section, schools that have been designated as a low achieving school pursuant to subparagraph (A) of subdivision (1) of subsection (e) of section 10-223e of the general statutes, as amended by this act, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, and are among the lowest five per cent of schools in the state based on achievement shall establish a school governance council for the school not later than January 15, 2011.

(2) Except for those schools described in subdivision (4) of subsection (a) of this section, schools that have been designated as a low achieving school, pursuant to subparagraph (A) of subdivision (1) of subsection (e) of section 10-223e of the general statutes, as amended by this act, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, but are not among the lowest five per cent of schools in the state based on achievement, shall establish a school governance council for the school not later than November 1, 2011.

(d) The school governance council shall have the following responsibilities: (1) Analyzing school achievement data and school needs relative to the improvement plan for the school prepared pursuant to this section; (2) reviewing the fiscal objectives of the draft budget for the school and providing advice to the principal of the school before such school's budget is submitted to the superintendent of schools for the district; (3) participating in the hiring process of the school principal or other administrators of the school by conducting interviews of candidates and reporting on such interviews to the superintendent of schools for the school district and the local and regional board of education; (4) assisting the principal of the school in making programmatic and operational changes for improving the school's achievement, including program changes, adjusting school hours and days of operation, and enrollment goals for the school; (5) working with the school administration to develop and approve a school compact for parents, legal guardians and students that includes an outline of the criteria and responsibilities for enrollment and school membership consistent with the school's goals and academic focus, and the ways that parents and school personnel can build a partnership to improve student learning; (6) developing and approving a written parent involvement policy that outlines the role of parents and legal guardians in the school; (7) utilizing records relating to information about parents and guardians of students maintained by the local or regional board of education for the sole purpose of the election described in subsection (b) of this section. Such information shall be confidential and shall only be disclosed as provided in this subdivision and shall not be further disclosed; and (8) if the council determines it necessary and subject to the provisions of subsection (i) of this section recommending reconstitution of the school in accordance with the provisions of subsection (g) of this section.

(e) The school governance council or a similar school governance council model, described in subdivision (4) of subsection (a) of this section, at a school that has been identified as in need of improvement pursuant to subdivision (1) of subsection (b) of section 10-223e of the general statutes, as amended by this act, may: (1) In those schools that require an improvement plan, review the annual draft report detailing the goals set forth in the state accountability plan prepared in accordance with subdivision (1) of subsection (b) of section 10-223e of the general statutes, as amended by this act, and provide advice to the principal of the school prior to submission of the report to the superintendent of schools; (2) in those schools where an improvement plan becomes required pursuant to subdivision (1) of subsection (b) of section 10-223e of the general statutes, as amended by this act, assist the principal of the school in developing such plan prior to its submission to the superintendent of schools; (3) work with the principal of the school to develop, conduct and report the results of an annual survey of parents, guardians and teachers on issues related to the school climate and conditions; and (4) provide advice on any other major policy matters affecting the school to the principal of the school, except on any matters relating to provisions of any collective bargaining agreement between the exclusive bargaining unit for teachers pursuant to section 10-153b of the general statutes and local or regional boards of education.

(f) The local or regional board of education shall provide appropriate training and instruction to members of the school governance council or a similar school governance council model, described in subdivision (4) of subsection (a) of this section, at a school that has been identified as in need of improvement pursuant to subdivision (1) of subsection (b) of section 10-223e of the general statutes, as amended by this act, to aid the members in the execution of their duties.

(g) (1) The school governance council or a similar school governance council model, described in subdivision (4) of subsection (a) of this section, at a school that has been designated as a low achieving school, pursuant to subparagraph (A) of subdivision (1) of subsection (e) of section 10-223e of the general statutes, as amended by this act, may, by an affirmative vote of the council, recommend the reconstitution of the school into one of the following models: (A) The turnaround model, as described in the Federal Register of December 10, 2009; (B) the restart model, as described in the Federal Register of December 10, 2009; (C) the transformation model, as described in the Federal Register of December 10, 2009; (D) any other model that may be developed by federal law; (E) a CommPACT school, pursuant to section 10-74g of the general statutes; or (F) an innovation school, pursuant to section 10-74h of the general statutes. Not later than ten days after the school governance council informs the local or regional board of education of its recommendation for the school, such board shall hold a public hearing to discuss such vote of the school governance council and shall, at the next regularly scheduled meeting of such board or ten days after such public hearing, whichever is later, conduct a vote to accept the model recommended by the school governance council, select an alternative model described in this subdivision or maintain the current school status. If the board selects an alternative model, the board shall meet with such school governance council to discuss an agreement on which alternative to adopt not later than ten days after such vote of the board. If no such agreement can be achieved, not later than forty-five days after the last such meeting between the board and the school governance council, the Commissioner of Education shall decide which of the alternatives to implement. If the board votes to maintain the current school status, not later than forty-five days after such vote of the board, the Commissioner of Education shall decide whether to implement the model recommended by the school governance council or to maintain the current school status. If the final decision pursuant to this subdivision is adoption of a model, the local or regional board of education shall implement such model during the subsequent school year in conformance with the general statutes and applicable regulations, and the provisions specified in federal regulations and guidelines for schools subject to restructuring pursuant to Section 1116(b)(8) of the No Child Left Behind Act, P.L. 107-110 or any other applicable federal laws or regulations.

(2) Any school governance council for a school or any similar school governance council model, described in subdivision (4) of subsection (a) of this section, at a school that has been identified as in need of improvement pursuant to subdivision (1) of subsection (b) of section 10-223e of the general statutes, as amended by this act, may recommend reconstitution, pursuant to subdivision (8) of subsection (d) of this subsection, during the third year after such school governance council or such similar school governance council model was established if the school for such governance council has not reconstituted as a result of receiving a school improvement grant pursuant to Section 1003(g) of Title I of the Elementary and Secondary Education Act, 20 USC 6301 et seq., or such reconstitution was initiated by a source other than the school governance council.

(h) A school governance council or any similar school governance council model, described in subdivision (4) of subsection (a) of this section, at a school that has been identified as in need of improvement pursuant to subdivision (1) of subsection (b) of section 10-223e of the general statutes, as amended by this act, shall be considered a component of parental involvement for purposes of federal funding pursuant to Section 1118 of the No Child Left Behind Act, P.L. 107-110.

(i) The Department of Education shall allow not more than twenty-five schools per school year to reconstitute pursuant to this subsection. The department shall notify school districts and school governance councils when this limit has been reached. For purposes of this subdivision, a reconstitution shall be counted towards this limit upon receipt by the department of notification of a final decision regarding reconstitution by the local or regional board of education.

Sec. 21. Section 9-185 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

Unless otherwise provided by special act or charter, (1) members of boards of assessment appeals, (2) selectmen, (3) town clerks, (4) town treasurers, (5) collectors of taxes, (6) constables, (7) registrars of voters, (8) subject to the provisions of subsection [(h)] (i) of section 10-223e, as amended by this act, members of boards of education, and (9) library directors shall be elected, provided any town may, by ordinance, provide for the appointment, by its chief executive authority, of (A) a constable or constables in lieu of constables to be elected under section 9-200, or (B) a town clerk, town treasurer or collector of taxes in lieu of the election of such officers as provided in section 9-189. Unless otherwise provided by special act or charter, all other town officers shall be appointed as provided by law and, if no other provision for their appointment is made by law, then (i) by the chief executive officer of such municipality, (ii) where the legislative body is a town meeting, by the board of selectmen, or (iii) by such other appointing authority as a town may by ordinance provide, and except that, if a board of finance is established under the provisions of section 7-340, the members thereof shall be elected as provided in section 9-202. Any town may, by a vote of its legislative body, determine the number of its officers and prescribe the mode by which they shall be voted for at subsequent elections.

Sec. 22. Section 10-4s of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) On or before December 1, 2011, and biennially thereafter, the Department of Education shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the number of school governance councils established pursuant to [subsection (g) of section 10-223e] section 20 of this act.

(b) On or before December 1, 2013, and biennially thereafter, the department shall include in the report described in subsection (a) of this section an evaluation of the establishment and effectiveness of the school governance councils established pursuant to [subsection (g) of section 10-223e] section 20 of this act.

(c) On or before December 1, 2015, and biennially thereafter, the department shall include in the report described in subsection (a) of this section: (1) The number of school governance councils that have recommended reconstitution pursuant to [subsection (g) of section 10-223e] section 20 of this act; (2) the number of such school governance councils that have initiated reconstitution pursuant to [said subsection (g) of section 10-223e] section 20 of this act, and the reconstitution models adopted; and (3) recommendations whether to continue to allow school governance councils to recommend reconstitution pursuant to [said subsection (g) of section 10-223e] section 20 of this act.

(d) On or before December 1, 2017, and biennially thereafter, the department shall include in the report described in subsection (a) of this section an evaluation of those schools that have reconstituted pursuant to [subsection (g) of section 10-223e] section 20 of this act. Such evaluation shall determine whether such schools have demonstrated progress with regard to the following indicators: (1) The reconstitution model adopted by the school; (2) the length of the school day and school year; (3) the number and type of disciplinary incidents; (4) the number of truants; (5) the dropout rate; (6) the student attendance rate; (7) the average scale scores on the state-wide mastery examination pursuant to section 10-14n; (8) for high schools, the number and percentage of students completing advanced placement coursework; (9) the teacher attendance rate; and (10) the existence and size of the parent-teacher organization for the school.

Sec. 23. Section 10-15 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

Public schools including kindergartens shall be maintained in each town for at least one hundred eighty days of actual school sessions during each year. When public school sessions are cancelled for reasons of inclement weather or otherwise, the rescheduled sessions shall not be held on Saturday or Sunday. Public schools may conduct weekend education programs to provide supplemental and remedial services to students. A local or regional board of education for a school that has been designated as a low achieving school pursuant to subparagraph (A) of subdivision (1) of subsection [(c)] (e) of section 10-223e, as amended by this act, or a category four school or a category five school pursuant to section 10-223e, as amended by this act, may increase the number of actual school sessions during each year, and may increase the number of hours of actual school work per school session in order to improve student performance and remove the school from the list of schools designated as a low achieving school maintained by the State Board of Education. The State Board of Education (1) may authorize the shortening of any school year for a school district, a school or a portion of a school on account of an unavoidable emergency, and (2) may authorize implementation of scheduling of school sessions to permit full year use of facilities which may not offer each child one hundred eighty days of school sessions within a given school year, but which assures an opportunity for each child to average a minimum of one hundred eighty days of school sessions per year during thirteen years of educational opportunity in the elementary and secondary schools. Notwithstanding the provisions of this section and section 10-16, the State Board of Education may, upon application by a local or regional board of education, approve for any single school year, in whole or in part, a plan to implement alternative scheduling of school sessions which assures at least four hundred fifty hours of actual school work for nursery schools and half-day kindergartens and at least nine hundred hours of actual school work for full-day kindergartens and grades one to twelve, inclusive.

Sec. 24. Subsection (a) of section 10-223f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) For the fiscal years ending June 30, 2008, to June 30, [2013] 2012, inclusive, there shall be a pilot program concerning the determination of adequate yearly progress for the school districts for Bridgeport, Hartford and New Haven. Under the program, the Department of Education shall determine the adequate yearly progress, as defined in the state accountability plan prepared in accordance with subdivision (1) of subsection [(a)] (b) of section 10-223e, as amended by this act, for each district with data from each school under the jurisdiction of the board of education for such district and data from any state charter school, as defined in subdivision (3) of section 10-66aa, located in such district, provided the local board of education for such district and the charter school reach mutual agreement for the inclusion of the data from the charter schools and the terms of such agreement are approved by the State Board of Education.

Sec. 25. Section 10-74f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

Each local or regional board of education with jurisdiction over an elementary or middle school that fails to [make adequate yearly progress based on whole school academic achievement] meet performance benchmarks in mathematics, reading, or both, as determined under the state-wide [accountability] performance management and support plan adopted [under] pursuant to subdivision (2) of subsection (b) of section 10-223e, as amended by this act, [for two consecutive years] and is classified as a category four school or a category five school, may reorganize such school to provide that:

(1) (A) The school be organized in academies, each containing a maximum of one hundred seventy-five students divided into different classes based on grade. (B) Each academy include all grade levels at the school. (C) Students be randomly assigned to academies. (D) The academies have different themes but the curriculum be the same in all.

(2) (A) The school principal appoint a teacher as team leader for each academy based on evaluations pursuant to section 10-151b, as amended by this act. (B) Team leaders not be teacher supervisors, but be literacy, mathematics or science specialists. (C) Team leaders work with the school's regular classroom teachers to: (i) Plan lessons; (ii) look at student data; (iii) work with small groups of students; (iv) provide model lessons; and (v) plan school and academy-wide activities.

(3) Each class in each academy have a ninety-minute mathematics block and a two-hour literacy block every day.

(4) Each student in the school have an individual education plan that incorporates the student's personal reading plan if the student is required to have a reading plan pursuant to section 10-265g or 10-265l, provided any child with an individual educational program developed pursuant to section 10-76d, as amended by this act, follows such program.

(5) All teachers in the school of the same grade level meet weekly to plan lessons.

(6) Teachers meet daily in teams based on grade level to plan lessons.

(7) Teachers meet once a week with the team leader and the school principal to look at student work and data, evaluate instruction and make adjustments and changes in instruction.

(8) Students receive regular assessments, including short assessment tests every two weeks, that evaluate short-term progress and district-wide assessment tests every six weeks that evaluate a student's progress toward long-term objectives.

(9) Any child who is falling behind based on assessments conducted under subdivision (8) of this section be the subject of a meeting with teachers, school principal and parents.

Sec. 26. (NEW) (Effective July 1, 2012) (a) For the fiscal year ending June 30, 2013, the Commissioner of Education shall establish, within available appropriations, a competitive cost-sharing grant for local and regional boards of education, municipalities and not-for-profit organizations that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, to implement a program to provide training and assistance on the college application process to encourage students to apply to, enroll in and graduate from college. Such program shall provide students with the federal student aid application and applications to colleges and universities, and shall cover the cost of any fee associated with the application to a college or university in an amount not to exceed twenty-five per cent of the grant. Applicants for a grant pursuant to this section shall apply on a form approved by the commissioner not later than June first of the fiscal year immediately prior to the fiscal year in which such grant shall be paid.

(b) In order to qualify for funding pursuant to this section, local and regional boards of education, municipalities and not-for-profit organizations that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, shall agree to provide matching funds equal to the amount of the grant award in order to implement the program described in subsection (a) of this section. Such matching contributions may include money from public or private sources. Public contributions may be made by the municipality in which the board of education or not-for-profit organization is located though grant funds received pursuant to section 10-262i of the general statutes, as amended by this act.

Sec. 27. (NEW) (Effective July 1, 2012) (a) The Department of Education shall, within available appropriations, establish a pilot grant program for the school year commencing July 1, 2012, for those local or regional boards of education operating an innovation school, established pursuant to section 10-74h of the general statutes, to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al, as determined by the Commissioner of Education.

(b) Applications for innovation school 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 the following factors: (1) Whether the program provides a reduced racial isolation educational program, (2) whether the program offered by the school is likely to increase student achievement, (3) whether the program offered by the school is unique and will not adversely impact enrollment in a program already offered by an existing interdistrict magnet school, regional vocational-technical school, or regional agricultural science and technology education center in the region, (4) the proposed operating budget and the sources of funding for the innovation school, and (5) any other factor the commissioner deems appropriate.

(c) (1) Each local or regional board of education operating an innovation school to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner, shall be eligible for a per pupil grant as follows: (A) An innovation school outside of Hartford that enrolls at least twenty-five per cent of its students from Hartford shall be eligible to receive a per pupil grant of four thousand dollars for each Hartford resident student enrolled in the school, and (B) an innovation school operated in Hartford that enrolls at least twenty-five per cent nonminority students shall be eligible to receive a per pupil grant of four thousand dollars for each out-of-district student enrolled in the school.

(2) The local or regional board of education operating an innovation school pursuant to this subsection shall allow out-of-district students enrolled in such school to continue to attend school in such district until they graduate from high school, pursuant to section 10-266aa of the general statutes, as amended by this act, regardless of what grades are offered at the innovation school.

(d) In the case of an out-of-district student who requires special education and related services, the sending district shall pay the receiving district an amount equal to the difference between the reasonable cost of providing such special education and related services to such student and the amount received by the receiving district pursuant to subsection (c) of this section. The sending district shall be eligible for reimbursement pursuant to section 10-76g of the general statutes.

(e) The commissioner may, within available appropriations, provide operating grants for the purposes of enhancing educational programs in such innovation schools, in an amount up to two hundred fifty thousand dollars in a fiscal year.

(f) A local or regional board of education operating an innovation school that enrolls at least twenty-five per cent of its students from Hartford, or a Hartford innovation school that enrolls at least twenty-five per cent nonminority students, to assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the commissioner may be eligible for a school building project grant for such innovation school and for reimbursement pursuant to section 10-285a of the general statutes and the percentage determined for this section shall be increased by twenty percentage points, but shall not exceed eighty per cent for the reasonable costs of any capital expenditure for the renovation, alteration or expansion of the school facilities for programmatic purposes, including any expenditure for the purchase of equipment. To be eligible for reimbursement under this subsection, the project shall meet the requirements for a school building project established in chapter 173 of the general statutes.

Sec. 28. (NEW) (Effective July 1, 2012) The Commissioner of Education may provide, within available appropriations, grants for technical assistance and regional cooperation to support any local or regional boards of education that develops a plan to implement significant cost-saving strategies while simultaneously maintaining or improving the quality of education in the district.

Sec. 29. Subsection (g) of section 10-266aa of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(g) (1) Except as provided in subdivision (2) of this subsection, 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 five hundred dollars for each out-of-district student who attends school in the receiving district under the program.

(2) For the fiscal year ending June 30, [2012] 2013, and each fiscal year thereafter, the department shall provide, within available appropriations, an annual grant to the local or regional board of education for each receiving district [in an amount equal to (A) three] if one of the following conditions are met as follows: (A) Three thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is less than two per cent of the total student population of such receiving district, (B) four thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is greater than or equal to two per cent but less than three per cent of the total student population of such receiving district, [and] (C) six thousand dollars for each out-of-district student who attends school in the receiving district under the program if the number of such out-of-district students is greater than or equal to three per cent of the total student population of such receiving district, or (D) six thousand dollars for each out-of-district student who attends school in the receiving district under the program if the Commissioner of Education determines that the receiving district has an enrollment of greater than four thousand students and has increased the number of students in the program by at least fifty per cent on October 1, 2012.

(3) 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. 30. (NEW) (Effective July 1, 2012) (a) The Department of Education shall create the Connecticut School Leadership Academy program to provide educational management and professional development programming to school leaders who are certified teachers or administrators under chapter 166 of the general statutes or teachers or administrators enrolled in an alternative route to certification program. Any such teacher or administrator may apply to participate in the Connecticut School Leadership Academy on a form and manner prescribed by the department.

(b) The Department of Education shall, within available appropriations, provide grants to the Connecticut School Leadership Academy. The Connecticut School Leadership Academy may charge tuition to local or regional boards of education or any individual participating in the program pursuant to subsection (a) of this section.

Sec. 31. (NEW) (Effective July 1, 2012) The Department of Education may provide exemplary schools with rewards which may, at the commissioner's discretion, include public recognition, financial awards or operational flexibility. The department may accept private donations for the purpose of this section.

Sec. 32. Subsection (b) of section 10-16bb of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(b) The coordinated system of early care and education and child development shall (1) create a unified set of reporting requirements for the programs described in subdivision (1) of subsection (b) of section 10-16cc, for the purpose of collecting the data elements necessary to perform quality assessments and longitudinal analysis; (2) compare and analyze the data collected pursuant to reporting requirements created under subdivision (1) of this subsection with the data collected in the state-wide public school information system, pursuant to section 10-10a, for population-level analysis of children and families; (3) develop and update appropriate early learning standards and assessment tools for children from birth to five years of age, inclusive, that are age and developmentally appropriate and that are aligned with existing learning standards as of July 1, 2013, and assessment tools for students in grades kindergarten to twelve, inclusive; (4) continually monitor and evaluate all early childhood education and child care programs and services, focusing on program outcomes in satisfying the health, safety, developmental and educational needs of all children; (5) develop indicators that assess strategies designed to strengthen the family through parental involvement in a child's development and education, including children with special needs; (6) increase the availability of early childhood education and child care programs and services and encourage the providers of such programs and services to work together to create multiple options that allow families to participate in programs that serve the particular needs of each family; (7) provide information and technical assistance to persons seeking early childhood education and child care programs and services; (8) assist state agencies and municipalities in obtaining available federal funding for early childhood education and child care programs and services; (9) provide technical assistance and consultation to licensed providers of early childhood education and child care programs and services and assist any potential provider of such programs and services in obtaining the necessary licensure and certification; (10) [create, implement and maintain a] incorporate the quality rating and improvement system developed by the Department of Education that covers home-based, center-based and school-based early child care and learning; (11) maintain a system of accreditation facilitation to assist early childhood education and child care programs and services in achieving national standards and program improvement; (12) create partnerships between state agencies and philanthropic organizations to assist in the implementation of the coordinated system of early care and education and child development; (13) align the system's policy and program goals with those of the Early Childhood Education Cabinet, pursuant to section 10-16z, and the Head Start advisory committee, pursuant to section 10-16n; (14) ensure a coordinated and comprehensive state-wide system of professional development for providers of early childhood education and child care programs and services; (15) develop family-centered services that assist families in their communities; (16) provide families with opportunities for choice in services including quality child care; (17) integrate early childhood education and special education services; (18) emphasize targeted research-based interventions; (19) organize services into a coherent system; (20) coordinate a comprehensive and accessible delivery system for early childhood education and child care services; (21) focus on performance measures to ensure that services are accountable, effective and accessible to the consumer; (22) promote universal access to early childhood care and education; (23) ensure nonduplication of monitoring and evaluation; (24) encourage, promote and coordinate funding for the establishment and administration of local and regional early childhood councils that implement local and regional birth-to-eight systems; and (25) perform any other activities that will assist in the provision of early childhood education and child care programs and services.

Sec. 33. (Effective from passage) (a) For the fiscal year ending June 30, 2013, the Department of Education shall provide funding to educational reform districts, as defined in section 3 of this act, for the creation of six hundred new slots in school readiness programs located in such educational reform districts pursuant to section 10-16p of the general statutes.

(b) For the fiscal year ending June 30, 2013, the Department of Education shall provide funding to competitive school districts, as defined in section 10-16aa of the general statutes, for the creation of four hundred new slots in school readiness programs located in such competitive school districts pursuant to section 10-16p of the general statutes.

Sec. 34. (Effective from passage) Notwithstanding the provisions of subsections (a) and (b) of section 10-264l of the general statutes, for the fiscal years ending June 30, 2012, the requirement that not more than seventy-five per cent of the pupils attending an approved interdistrict magnet school program be from a participating town and the requirement that the pupils enrolled in such programs who are pupils of racial minorities, as defined in section 10-226a of the general statutes, comprise at least twenty-five per cent but not more than seventy-five per cent of the total pupil enrollment shall not apply to the approved interdistrict magnet school program, Big Picture Magnet School, operated by Bloomfield. Such interdistrict magnet school program shall reopen as a new school program, The Global Experience Magnet School, on or after July 1, 2012, pursuant to an operation plan as approved by the Commissioner of Education and shall begin operations as of that date for purposes of subsections (a) and (b) of section 10-264l of the general statutes.

Sec. 35. Section 10-220d of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

Each local and regional board of education shall provide full access to [regional vocational-technical] technical high schools, regional agricultural science and technology education 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. Each local and regional board of education shall provide information relating to technical high schools, regional agricultural science and technology education centers, interdistrict magnet schools, charter schools and interdistrict student attendance programs on the board's web site. Each local and regional board of education shall inform students and parents of students in middle and high schools within such board's jurisdiction of the availability of (1) vocational, technical and technological education and training at [regional vocational-technical] technical high schools, and (2) agricultural science and technology education at regional agricultural science and technology education centers.

Sec. 36. Section 10-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) The State Board of Education may establish and maintain a state-wide system of [regional vocational-technical schools offering] technical high schools to be known as the technical high school system. The technical high school system shall be governed by a board of education. Such board shall consist of eleven members as follows: (1) Four executives of Connecticut-based employers who shall be nominated by the state-wide industry advisory committees described in section 4-124gg, as amended by this act, and appointed by the Governor, (2) five members appointed by the State Board of Education, (3) the Commissioner of Economic and Community Development, and (4) the Labor Commissioner. The Governor shall appoint the chairperson. The chairperson of the technical high school system board shall serve as a nonvoting ex-officio member of the State Board of Education.

(b) The technical high school system board shall offer 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.

(c) The board shall recommend a candidate for superintendent of the technical high school system who shall be appointed as superintendent by the State Board of Education. Such superintendent shall be responsible for the operation and administration of the technical high school system.

[(b)] (d) If the New England Association of Schools and Colleges places a [regional vocational-technical] technical high school on probation or otherwise notifies the superintendent of the [vocational-technical] technical high school system that a [regional vocational-technical] technical high school is at risk of losing its accreditation, the Commissioner of Education, on behalf of the technical high school system board, 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.

[(c)] (e) The [State Board of Education] technical high school system board shall establish specific achievement goals for students at the [vocational-technical] technical high schools at each grade level. The board shall measure the performance of each [vocational-technical] technical high school and shall identify a set of quantifiable measures to be used. The measures shall include factors such as performance on the state-wide tenth grade mastery examination under section 10-14n, trade-related assessment tests, dropout rates and graduation rates.

Sec. 37. Section 10-99g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) (1) Each technical high school shall prepare a proposed operating budget for the next succeeding school year beginning July first and submit such proposed operating budget to the superintendent of the technical high school system. The superintendent shall collect, review and use the proposed operating budget for each technical high school to prepare a proposed operating budget for the technical high school system.

(2) The superintendent of the technical high school system shall submit a proposed operating budget for the technical high school system to the technical high school system board. The board shall review such proposed operating budget and approve or disapprove such proposed operating budget. If the board disapproves such proposed operating budget, the board shall adopt an interim budget and such interim budget shall take effect at the commencement of the fiscal year and shall remain in effect until the superintendent submits and the board approves a modified operating budget. The superintendent shall submit a copy of the approved operating budget to the Office of Policy and Management.

[(a)] (b) The superintendent of the [regional vocational-technical] technical high school system shall [biannually] semiannually submit the operating budget and expenses for each individual [regional vocational-technical] technical high school, in accordance with section 11-4a, to the Secretary of the Office of Policy and Management, the director of the legislative Office of Fiscal Analysis and to the joint standing committee of the General Assembly having cognizance of matters relating to education.

[(b)] (c) The superintendent of the [regional vocational-technical] technical high school system shall make available and update on the [regional vocational-technical] technical high school system web site and the web site of each [regional vocational-technical] technical high school the operating budget for the current school year of each individual [regional vocational-technical] technical high school.

Sec. 38. Section 10-95h of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Not later than November thirtieth each year, the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor shall meet with the chairperson of the technical high school system board and the superintendent of the [regional vocational-technical] technical high school system, the Labor Commissioner, the Commissioner of Economic and Community Development and such other persons as they deem appropriate to consider the items submitted pursuant to subsection (b) of this section.

(b) On or before November fifteenth, annually:

(1) The Labor Commissioner shall submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (A) Information identifying general economic trends in the state; (B) occupational information regarding the public and private sectors, such as continuous data on occupational movements; and (C) information identifying emerging regional, state and national workforce needs over the next thirty years.

(2) The superintendent of the [vocational-technical] technical high school system shall submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (A) Information ensuring that the curriculum of the [regional vocational-technical] technical high school system is incorporating those workforce skills that will be needed for the next thirty years, as identified by the Labor Commissioner in subdivision (1) of this subsection, into the [regional vocational-technical] technical high schools; (B) information regarding the employment status of students who graduate from the [regional vocational-technical] technical high school system; (C) an assessment of the adequacy of the resources available to the [regional vocational-technical] technical high school system as the system develops and refines programs to meet existing and emerging workforce needs; and (D) recommendations to the State Board of Education to carry out the provisions of subparagraphs (A) to (C), inclusive, of this subdivision.

(3) The Commissioner of Economic and Community Development shall submit the following to the joint standing committees of the General Assembly having cognizance of matters relating to education, higher education and employment advancement and labor: (A) Information regarding the relationship between the Department of Economic and Community Development and the [regional vocational-technical] technical high school system, (B) information regarding coordinated efforts of the department and the [regional vocational-technical] technical high school system to collaborate with the business community, (C) information on workforce training needs identified by the department through its contact with businesses, (D) recommendations regarding how the department and the [regional vocational-technical] technical high school system can coordinate or improve efforts to address the workforce training needs identified in subparagraph (C) of this subdivision, (E) information regarding the efforts of the department to utilize the [regional vocational-technical] technical high school system in business assistance and economic development programs offered by the department, and (F) any additional information the commissioner deems relevant.

Sec. 39. Section 10-97b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) On and after July 1, 2010, the State Board of Education shall replace any school bus that (1) is twelve years or older and is in service at any [regional vocational-technical] technical high school, or (2) has been subject to an out-of-service order, as defined in section 14-1, for two consecutive years for the same reason.

(b) On or before July 1, 2011, and annually thereafter, the superintendent of the [regional vocational-technical] technical high school system shall submit, in accordance with the provisions of section 11-4a, to the Secretary of the Office of Policy and Management and to the joint standing committees of the General Assembly having cognizance of matters relating to education and finance, revenue and bonding a report on the replacement of school buses in service in the [regional vocational-technical] technical high school system, pursuant to subsection (a) of this section. Such report shall include the number of school buses replaced in the previous school year and a projection of the number of school buses anticipated to be replaced in the upcoming school year.

Sec. 40. Section 4-124gg of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

Not later than October 1, 2012, the Labor Commissioner, with the assistance of the Office of Workforce Competitiveness and in consultation with the chairperson of the technical high school system board and the superintendent of the [regional vocational-technical] technical high school system, shall create an integrated system of state-wide industry advisory committees for each career cluster offered as part of the [regional vocational-technical] technical high school and regional community-technical college systems. Said committees shall include industry representatives of the specific career cluster. Each committee for a career cluster shall, with support from the Labor Department, [regional vocational-technical] technical high school and regional community-technical college systems and the Department of Education, establish specific skills standards, corresponding curriculum and a career ladder for the cluster which shall be implemented as part of the schools' core curriculum.

Sec. 41. Section 10-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) (1) Prior to July 1, 1998, the State Board of Education shall consist of nine members. On and after July 1, 1998, but prior to July 1, 2010, the State Board of Education shall consist of eleven members, two of whom shall be nonvoting student members.

(2) On and after July 1, 2010, but prior to April 1, 2011, the State Board of Education shall consist of thirteen members, at least two of whom shall have experience in manufacturing or a trade offered at the regional vocational-technical schools or be alumni of or have served as educators at a regional vocational-technical school and two of whom shall be nonvoting student members. Only those members with experience in manufacturing or a trade offered at the regional vocational-technical schools or are alumni of or have served as educators at a regional vocational-technical school shall be eligible to serve as the chairperson for the regional vocational-technical school subcommittee of the board.

(3) On and after April 1, 2011, but prior to July 1, 2012, the State Board of Education shall consist of thirteen members, (A) at least two of whom shall have experience in manufacturing or a trade offered at the regional vocational-technical schools or be alumni of or have served as educators at a regional vocational-technical school, (B) at least one of whom shall have experience in agriculture or be an alumni of or have served as an educator at a regional agricultural science and technology education center, and (C) two of whom shall be nonvoting student members. Only those members described in subparagraph (A) of this subdivision shall be eligible to serve as the chairperson for the regional vocational-technical school subcommittee of the board.

(4) On and after July 1, 2012, the State Board of Education shall consist of fourteen members, (A) at least two of whom shall have experience in manufacturing or a trade offered at the technical high schools or be alumni of or have served as educators at a technical high school, (B) at least one of whom shall have experience in agriculture or be an alumni of or have served as an educator at a regional agricultural science and technology education center, and (C) two of whom shall be nonvoting student members.

(b) The Governor shall appoint, with the advice and consent of the General Assembly, the members of said board, provided each student member (1) is on the list submitted to the Governor pursuant to section 10-2a, (2) is enrolled in a public high school in the state, (3) has completed eleventh grade prior to the commencement of his term, (4) has at least a B plus average, and (5) provides at least three references from teachers in the school [he] the student member is attending. The nonstudent members shall serve for terms of four years commencing on March first in the year of their appointment. The student members shall serve for terms of one year commencing on July first in the year of their appointment. The president of the Board of Regents for Higher Education and the chairperson of the technical high school system board shall serve as [an] ex-officio [member] members without a vote. Any vacancy in said State Board of Education shall be filled in the manner provided in section 4-19.

Sec. 42. Subsection (b) of section 3-20f of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(b) Notwithstanding section 3-20, to the extent there is a sufficient balance of bonds approved by the General Assembly pursuant to any bond act for the purposes of general maintenance and trade and capital equipment for any school in the [regional vocational-technical] technical high school system, but not allocated by the State Bond Commission, said commission shall vote on whether to authorize the issuance of at least two million dollars of such bonds for such maintenance and equipment at each of said commission's regularly scheduled meetings occurring in August and February of each year. If no meeting is held in said months, said commission shall vote on whether to authorize the issuance of such bonds at its next regularly scheduled meeting. To the extent there is a sufficient balance of bonds so approved by the General Assembly and there are pending general maintenance and trade and capital equipment transactions in excess of two million dollars, the [superintendent] chairperson of the [regional vocational-technical] technical high school system board may request, and the State Bond Commission shall vote on whether to authorize the issuance of, bonds in excess of two million dollars. To the extent the balance of bonds so approved by the General Assembly is below two million dollars at the time of said commission's August or February meeting, said commission shall vote on whether to authorize the issuance of the remaining balance of such bonds.

Sec. 43. Section 10-4r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

On or before July 1, 2011, the State Board of Education shall develop recommendations regarding the definition of region for purposes of attendance in the [regional vocational-technical] technical high school system. The board shall submit such recommendations, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education.

Sec. 44. Subsection (a) of section 10-20a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Local and regional boards of education, the [regional vocational-technical] technical high school system, postsecondary institutions and regional educational service centers, may (1) in consultation with regional workforce development boards established pursuant to section 31-3k, local employers, labor organizations and community-based organizations establish career pathway programs leading to a Connecticut career certificate in accordance with this section, and (2) enroll students in such programs based on entry criteria determined by the establishing agency. Such programs shall be approved by the Commissioner of Education and the Labor Commissioner. Applications for program approval shall be submitted to the Commissioner of Education in such form and at such time as the commissioner prescribes. All programs leading to a Connecticut career certificate shall provide equal access for all students and necessary accommodations and support for students with disabilities.

Sec. 45. Section 10-95i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Not later than January 1, 1990, and every five years thereafter, the State Board of Education shall adopt a long-range plan of priorities and goals for the [regional vocational-technical] technical high school system. The plan shall address coordination with other providers of vocational, technical or technological education or training and shall include (1) an analysis of the activities described in subsections (b) and (c) of this section and how such activities relate to the long-range plan of priorities and goals, and (2) a summary of activities related to capital improvements and equipment pursuant to subsection (d) of this section. Upon adoption of the plan, the state board shall file the plan with the joint standing committees of the General Assembly having cognizance of matters relating to education, finance, revenue and bonding and appropriations and the budgets of state agencies. The state board shall use the plan in preparing its five-year comprehensive plan pursuant to subsection (c) of section 10-4.

(b) During the five-year period beginning January 1, 1990, and during each five-year period thereafter, the State Board of Education shall evaluate each existing [regional vocational-technical] technical high school trade program in accordance with a schedule which the state board shall establish. A trade program may be reauthorized for a period of not more than five years following each evaluation on the basis of: The projected employment demand for students enrolled in the trade program, including consideration of the employment of graduates of the program during the preceding five years; anticipated technological changes; the availability of qualified instructors; the existence of similar programs at other educational institutions; and student interest in the trade program. As part of the evaluation, the state board shall consider geographic differences that may make a trade program feasible at one school and not another and whether certain combinations of program offerings shall be required. Prior to any final decision on the reauthorization of a trade program, the state board shall consult with the craft committees for the trade program being evaluated.

(c) The state board shall consider the addition of new trade programs. Decisions by the state board to add such programs shall at a minimum be based on the projected employment demand for graduates of the program, the cost of establishing the program, the availability of qualified instructors, the existence of similar programs at other educational institutions and the interest of students in the trade. The state board shall authorize new trade programs for a maximum of five years. The state board shall provide a process for the public, including, but not limited to, employers, parents, students or teachers, to request consideration of the establishment of a new trade program.

(d) The State Board of Education shall maintain a rolling five-year capital improvement and capital equipment plan that identifies: (1) Alterations, renovations and repairs that each [vocational-technical] technical high school is expected to need, including, but not limited to, grounds and athletic fields, heating and ventilation systems, wiring, roofs, and windows, and the cost of such projects, (2) recommendations for energy efficiency improvements to each school and the cost of such improvements, and (3) the specific equipment each [regional vocational-technical] technical high school is expected to need, based on the useful life of existing equipment and projections of changing technology and the estimated cost of the equipment. The State Board of Education shall submit such plan, annually, to the joint standing committees of the General Assembly having cognizance of matters relating to education, finance, revenue and bonding and appropriations and the budgets of state agencies.

Sec. 46. Section 10-95k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Not later than January 1, 1995, and biennially thereafter, the State Board of Education shall prepare a summary report concerning the [regional vocational-technical] technical high school system and shall submit the report to the joint standing committee of the General Assembly having cognizance of matters relating to education. The report shall include demographic information for the preceding two school years on applicants for admission, students enrolled and graduates, and a summary of the capital and operating expenditures. Such information shall be provided for the [regional vocational-technical] technical high school system and for each [regional vocational-technical] technical high school and satellite facility. Enrollment information shall be reported by race and sex and by specific trade programs. Applicant information shall include the number of applicants, the number accepted and the number enrolled reported by race and sex. Enrollment capacity for each school and projected enrollment capacity for the subsequent school year shall be developed on the basis of a standardized format and shall be reported for each school and satellite facility. The report shall also include assessment of student outcomes including, but not limited to, mastery examination results pursuant to section 10-14n, retention and completion rates, and postsecondary education or employment based on graduate follow-up and, for purposes of employment placement, state unemployment insurance wage records.

(b) Reports prepared and submitted pursuant to subsection (a) of this section on and after January 1, 1995, shall identify each [regional vocational-technical] technical high school for which enrollment on the preceding October first was less than seventy per cent of the enrollment capacity identified in the report pursuant to this section for the prior year. For each such school the report shall include an analysis of: (1) The reasons for such enrollment, including, but not limited to, the interest in the specific trade programs offered, the resources needed to serve special education students, demographic changes and the existence of alternative vocational, technical and technological educational training programs in the region in which the school is located; (2) the likelihood that enrollment will increase or decrease in the future; (3) any alternative uses for unused space in the facility; and (4) a recommendation on the steps to be taken to improve enrollment or a timetable for closing the school. In preparing the analysis, the State Board of Education shall provide an opportunity for public comment.

Sec. 47. Section 10-95m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) The Department of Education shall conduct a study of the relationship between admissions scores and performance within the [regional vocational-technical] technical high school system using the classes graduating in 2003, 2004 and 2005.

(b) The department shall report periodically, in accordance with this subsection and section 11-4a, on the study to the joint standing committee of the General Assembly having cognizance of matters relating to education.

(1) On or before January 1, 2002, the department shall describe (A) the number and distribution of students by class in each of the [regional vocational-technical] technical high schools, (B) the format and contents of the initial data base developed to carry out the study, (C) the measures, such as the scores on the state-wide tenth grade mastery examination under section 10-14n, grade point average, class rank, dropout rates, or trade specific assessment tests, selected to assess the ability of the individual components of the admissions score to predict success in the [vocational-technical] technical high school, and (D) any other factors the department deems relevant to conducting the study or understanding the results of the study;

(2) On or before January 1, 2003, the department shall present preliminary results of the study based on data analysis through the first quarter of the school year commencing in 2002, including the relevance of the individual components of the admissions score to the assessment measures, and shall provide statistics on the number of students from each class for the classes graduating in 2003, 2004 and 2005 who have withdrawn from a [vocational-technical] technical high school;

(3) On or before January 1, 2004, the department shall (A) present final results for the class of 2003, including graduation rates and the results of the postgraduation survey, (B) using such results, predict the probability of a [vocational-technical] technical high school student's being successful based on the components of the student's admissions score, and (C) evaluate the results and discuss whether it feels any changes are needed in the admissions policies;

(4) On or before January 1, 2005, the department shall present the final results for the class of 2004, and explain any differences between said class and the class of 2003; and

(5) On or before January 1, 2006, the department shall submit its final report, including (A) final results for the class of 2005, (B) using such results, predict the probability of a [vocational-technical] technical high school student being successful based on the elements of the student's admissions score, and (C) describe any changes it intends to make in the system's admissions policies.

Sec. 48. Section 10-96c of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

The Commissioner of Education may indemnify and hold harmless any person, as defined in section 1-79, who makes a gift of tangible property or properties with a fair market value in excess of one thousand dollars to the Department of Education or the [regional vocational-technical] technical high school system for instructional purposes. Any indemnification under this section shall be solely for any damages caused as a result of the use of such tangible property, provided there shall be no indemnification for any liability resulting from (1) intentional or wilful misconduct by the person providing such tangible property to the department or the [regional vocational-technical] technical high school system, or (2) hidden defects in such tangible property that are known to and not disclosed by the person providing such tangible property to the department or the [regional vocational-technical] technical high school system at the time the gift is made.

Sec. 49. Section 10-97a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

On or before July 15, 2010, and annually thereafter, the State Board of Education shall arrange for the inspection, in accordance with the provisions of section 14-282a, of those school buses, as defined in section 14-275, in operation in the [regional vocational-technical] technical high school system.

Sec. 50. Section 10-99f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

For the fiscal year ending June 30, 2011, and each fiscal year thereafter, the budget for the [regional vocational-technical] technical high school system shall be a separate budgeted agency from the Department of Education.

Sec. 51. Section 10-215b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) The State Board of Education is authorized to expend in each fiscal year an amount equal to (1) the money required pursuant to the matching requirements of said federal laws and shall disburse the same in accordance with said laws, and (2) ten cents per lunch served in the prior school year in accordance with said laws by any local or regional board of education, the [regional vocational-technical] technical high school system or governing authority of a state charter school, interdistrict magnet school or endowed academy approved pursuant to section 10-34 that participates in the National School Lunch Program and certifies pursuant to section 10-215f, as amended by this act, that the nutrition standards established by the Department of Education pursuant to section 10-215e shall be met.

(b) The State Board of Education shall prescribe the manner and time of application by such board of education, the [regional vocational-technical] technical high school system, such governing authority or controlling authority of the nonpublic schools for such funds, provided such application shall include the certification that any funds received pursuant to subsection (a) of this section shall be used for the program approved. The State Board of Education shall determine the eligibility of the applicant to receive such grants pursuant to regulations provided in subsection (c) of this section and shall certify to the Comptroller the amount of the grant for which the board of education, the [regional vocational-technical] technical high school system, the governing authority or the controlling authority of a nonpublic school is eligible. Upon receipt of such certification, the Comptroller shall draw an order on the Treasurer in the amount, at the time and to the payee so certified.

(c) The State Board of Education may adopt such regulations as may be necessary in implementing sections 10-215 to 10-215b, inclusive, as amended by this act.

(d) The Commissioner of Education shall establish a procedure for monitoring compliance by boards of education, the [regional vocational-technical] technical high school system, or governing authorities with certifications submitted in accordance with section 10-215f, as amended by this act, and may adjust grant amounts pursuant to subdivision (2) of subsection (a) of this section based on failure to comply with said certification.

Sec. 52. Section 10-215f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Each local and regional board of education, the [regional vocational-technical] technical high school system, and the governing authority for each state charter school, interdistrict magnet school and endowed academy approved pursuant to section 10-34 that participates in the National School Lunch Program shall certify in its annual application to the Department of Education for school lunch funding whether, during the school year for which such application is submitted, all food items made available for sale to students in schools under its jurisdiction and not exempted from the nutrition standards published by the Department of Education pursuant to section 10-215e will meet said standards. Except as otherwise provided in subsection (b) of this section, such certification shall include food not exempted from said nutrition standards and offered for sale to students at all times, and from all sources, including, but not limited to, school stores, vending machines, school cafeterias, and any fundraising activities on school premises, whether or not school sponsored.

(b) Each board of education, the [regional vocational-technical] technical high school system and each governing authority that certifies pursuant to this section compliance with the department's nutrition standards for food may exclude from such certification the sale to students of food items that do not meet such standards, provided (1) such sale is in connection with an event occurring after the end of the regular school day or on the weekend, (2) such sale is at the location of such event, and (3) such food is not sold from a vending machine or school store.

Sec. 53. Subsection (a) of section 10-283b of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) On and after July 1, 2011, the Commissioner of Construction Services shall include school building projects for the [regional vocational-technical] technical high schools on the list developed pursuant to section 10-283. The adoption of the list by the General Assembly and authorization by the State Bond Commission of the issuance of bonds pursuant to section 10-287d shall fund the full cost of the projects. On or after July 1, 2011, the Commissioner of Construction Services, in consultation with the Commissioner of Education, may approve applications for grants to assist school building projects for the [regional vocational-technical] technical high school system to remedy damage from fire and catastrophe, to correct safety, health and other code violations, to replace roofs, to remedy a certified school indoor air quality emergency, or to purchase and install portable classroom buildings at any time within the limit of available grant authorization and to make payments on such a project within the limit of appropriated funds, provided portable classroom building projects do not create a new facility or cause an existing facility to be modified so that the portable buildings comprise a substantial percentage of the total facility area, as determined by the Commissioner of Construction Services. Such projects shall be subject to the requirements of chapters 59 and 60.

Sec. 54. (NEW) (Effective July 1, 2012) (a) Whenever the term "regional vocational-technical school" or "regional vocational-technical schools" is used or referred to in the following sections of the general statutes, the term "technical high school" or "technical high schools" shall be substituted in lieu thereof: 4-124ff, 4a-11a, 4d-83, 5-275, 8-265pp, 10-9, 10-19d, 10-19e, 10-21g, 10-66p, 10-67, 10-74d, 10-76q, 10-95a, 10-95j, 10-95n, 10-95o, 10-97, 10-98a, 10-233d, 10-235, 10-264l, 10-283, 10-287d, 10a-55e, 10a-55g, 10a-72d, 17b-610, 31-3c, 31-3h, 31-3k, 31-11p, 32-4i, 32-6j and 32-475.

(b) Whenever the term "vocational-technical school" or "vocational-technical schools" is used or referred to in the following sections of the general statutes, the term "technical high school" or "technical high schools" shall be substituted in lieu thereof: 1-79, 1-84d, 1-91, 4-67g, 4-124z, 4-124hh, 4a-2, 10-15d, 10-19e, 10-21g, 10-69, 10-95a, 10-95l, 10-235, 10-262n, 10-284, 10a-25b, 17b-688i, 31-3ee and 31-51ww.

(c) Whenever the term "vocational school" or "vocational schools" is used or referred to in the following sections of the general statutes, the term "technical high school" or "technical high schools" shall be substituted in lieu thereof: 4-29, 10-13, 10-55, 10-64, 10-97, 10-186, 10a-123, 10a-166, 14-36, 20-90, 31-23, 31-24, 38a-682 and 48-9.

(d) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

Sec. 55. Subsections (b) and (c) of section 10-157 of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(b) A local or regional board of education may appoint as acting superintendent a person who is or is not properly certified for a [specified] probationary period, [of time,] not to exceed [ninety days] one school year, with the approval of the Commissioner of Education. [Such] During such probationary period such acting superintendent shall assume all duties of the superintendent for the time specified [, provided] and shall successfully complete the Connecticut School Leadership Academy program, pursuant to section 30 of this act. At the conclusion of such probationary period, [of time may be extended with the approval of the commissioner, which he shall grant for good cause shown] such appointing local or regional board of education may request the commissioner to grant a waiver of certification for such acting superintendant pursuant to subsection (c) of this section.

(c) The commissioner may, upon request of an employing local or regional board of education, grant a waiver of certification to a person (1) who has successfully completed at least three years of experience as a certified administrator with a superintendent certificate issued by another state in a public school in another state during the ten-year period prior to the date of application, or (2) who has successfully completed a probationary period as an acting superintendent pursuant to subsection (b) of this section, [or (2)] and who the commissioner deems to be exceptionally qualified for the position of superintendent. [In order for the commissioner to find a person exceptionally qualified, such person shall (A) be an acting superintendent pursuant to subsection (b) of this section, (B) have worked as a superintendent in another state for no fewer than fifteen years, and (C) be certified or have been certified as a superintendent by such other state.]

Sec. 56. Section 10-151 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) For the purposes of this section:

(1) "Board of education" means a local or regional board of education, a cooperative arrangement committee established pursuant to section 10-158a, or the board of trustees of an incorporated or endowed high school or academy approved pursuant to section 10-34, which is located in this state;

(2) "Teacher" includes each certified professional employee below the rank of superintendent employed by a board of education for at least ninety calendar days in a position requiring a certificate issued by the State Board of Education;

(3) "Continuous employment" means that time during which the teacher is employed without any break in employment as a teacher for the same board of education;

(4) "Full-time employment" means a teacher's employment in a position at a salary rate of fifty per cent or more of the salary rate of such teacher in such position if such position were full-time;

(5) "Part-time employment" means a teacher's employment in a position at a salary rate of less than fifty per cent of the salary rate of such teacher in such position, if such position were full-time;

(6) "Tenure" means:

(A) The completion of [thirty] forty school months of full-time continuous employment for the same board of education, [for teachers initially hired prior to July 1, 1996; and forty such school months for teachers initially hired on or after said date] provided the superintendent offers the teacher a contract to return for the following school year. For purposes of calculating continuous employment towards tenure, the following shall apply: (i) For a teacher who has not attained tenure, two school months of part-time continuous employment by such teacher shall equal one school month of full-time continuous employment except, for a teacher employed in a part-time position at a salary rate of less than twenty-five per cent of the salary rate of a teacher in such position, if such position were full-time, three school months of part-time continuous employment shall equal one school month of full-time continuous employment; (ii) a teacher who has not attained tenure shall not count layoff time towards tenure, except that if such teacher is reemployed by the same board of education within five calendar years of the layoff, such teacher may count the previous continuous employment immediately prior to the layoff towards tenure; (iii) a teacher who has not attained tenure shall not count authorized leave time towards tenure if such time exceeds ninety student school days in any one school year, provided only the student school days worked that year by such teacher shall count towards tenure and shall be computed on the basis of eighteen student school days or the greater fraction thereof equaling one school month; and (iv) for a teacher who has not attained tenure and who is employed by a local or regional board of education that enters into a cooperative arrangement pursuant to section 10-158a, such teacher may count the previous continuous employment with such board immediately prior to such cooperative arrangement towards tenure.

(B) For a teacher who has attained tenure prior to layoff, tenure shall resume if such teacher is reemployed by the same board of education within five calendar years of the layoff.

(C) Except as provided in subparagraphs (B), (D) and (E) of this subdivision, any teacher who has attained tenure with any one board of education and whose employment with such board ends for any reason and who is reemployed by such board or is subsequently employed by any other board, shall attain tenure after completion of twenty school months of continuous employment. The provisions of this subparagraph shall not apply if, (i) prior to completion of the twentieth school month following commencement of employment by such board such teacher has been notified in writing that his or her contract will not be renewed for the following school year, or (ii) for a period of five or more calendar years immediately prior to such subsequent employment, such teacher has not been employed by any board of education.

(D) Any certified teacher or administrator employed by a local or regional board of education for a school district identified as a priority school district pursuant to section 10-266p may attain tenure after ten months of employment in such priority school district, if such certified teacher or administrator previously attained tenure with another local or regional board of education in this state or another state.

(E) For a teacher who has attained tenure and is employed by a local or regional board of education that enters into a cooperative arrangement pursuant to section 10-158a, such teacher shall not experience a break in continuous employment for purposes of tenure as a result of such cooperative arrangement.

(7) "School month" means any calendar month other than July or August in which a teacher is employed as a teacher at least one-half of the student school days.

(b) Any board of education may authorize the superintendent to employ teachers. Any superintendent not authorized to employ teachers shall submit to the board of education nominations for teachers for each of the schools in the town or towns in such superintendent's jurisdiction and, from the persons so nominated, teachers may be employed. Such board shall accept or reject such nominations [within] not later than thirty-five calendar days from their submission. Any such board of education may request the superintendent to submit multiple nominations of qualified candidates, if more than one candidate is available for nomination, for any supervisory or administrative position, in which case the superintendent shall submit such a list and may place the candidates on such list in the order in which such superintendent recommends such candidates. If such board rejects such nominations, the superintendent shall submit to such board other nominations and such board may employ teachers from the persons so nominated and shall accept or reject such nominations [within] not later than one month from their submission. Whenever a superintendent offers a teacher who has not attained tenure a contract to return for another year of employment, such offer shall be based on records of evaluations pursuant to subsection (a) of section 10-151b, as amended by this act. The contract of employment of a teacher shall be in writing.

(c) The contract of employment of a teacher who has not attained tenure may be terminated at any time for any of the reasons enumerated in subdivisions (1) to (6), inclusive, of subsection (d) of this section; otherwise the contract of such teacher shall be continued into the next school year unless such teacher receives written notice by May first in one school year that such contract will not be renewed for the following year. Upon the teacher's written request, not later than three calendar days after such teacher receives such notice of nonrenewal or termination, a notice of nonrenewal or termination shall be supplemented [within seven] not later than four calendar days after receipt of the request by a statement of the reason or reasons for such nonrenewal or termination. Such teacher, upon written request filed with the board of education [within twenty] not later than ten calendar days after the receipt of notice of termination, or nonrenewal shall be entitled to a hearing, except as provided in this subsection, (1) before the board, or (2) if indicated in such request and if designated by the board, before an impartial hearing [panel established and conducted in accordance with the provisions of subsection (d) of this section, or (3) if the parties mutually agree before a single impartial hearing] officer chosen by the teacher and the superintendent in accordance with the provisions of subsection (d) of this section. Such hearing shall commence [within] not later than fifteen calendar days after receipt of such request unless the parties mutually agree to an extension not to exceed fifteen calendar days. The impartial hearing [panel or] officer or a subcommittee of the board of education, if the board of education designates a subcommittee of three or more board members to conduct hearings, shall submit written findings and recommendations to the board for final disposition. The teacher shall have the right to appear with counsel of the teacher's choice at the hearing. A teacher who has not attained tenure shall not be entitled to a hearing concerning nonrenewal if the reason for such nonrenewal is either elimination of position or loss of position to another teacher. The board of education shall rescind a nonrenewal decision only if the board finds such decision to be arbitrary and capricious. Any such teacher whose contract is terminated for the reasons enumerated in subdivisions (3) and (4) of subsection (d) of this section shall have the right to appeal in accordance with the provisions of subsection (e) of this section.

(d) The contract of employment of a teacher who has attained tenure shall be continued from school year to school year, except that it may be terminated at any time for one or more of the following reasons: (1) Inefficiency, [or] incompetence or ineffectiveness, provided, if a teacher is notified on or after July 1, [2000] 2012, that termination is under consideration due to incompetence or ineffectiveness, the determination of incompetence or ineffectiveness is based on evaluation of the teacher using teacher evaluation guidelines established pursuant to section 10-151b, as amended by this act; (2) insubordination against reasonable rules of the board of education; (3) moral misconduct; (4) disability, as shown by competent medical evidence; (5) elimination of the position to which the teacher was appointed or loss of a position to another teacher, if no other position exists to which such teacher may be appointed if qualified, provided such teacher, if qualified, shall be appointed to a position held by a teacher who has not attained tenure, and provided further that determination of the individual contract or contracts of employment to be terminated shall be made in accordance with either (A) a provision for a layoff procedure agreed upon by the board of education and the exclusive employees' representative organization, or (B) in the absence of such agreement, a written policy of the board of education; or (6) other due and sufficient cause. Nothing in this section or in any other section of the general statutes or of any special act shall preclude a board of education from making an agreement with an exclusive bargaining representative which contains a recall provision. Prior to terminating a contract, the superintendent shall give the teacher concerned a written notice that termination of such teacher's contract is under consideration and [, upon written request filed by such teacher with the superintendent, within seven days after receipt of such notice, shall within the next succeeding seven days] give such teacher a statement [in writing] of the reasons [therefor. Within twenty] for such consideration of termination. Not later than ten calendar days after receipt of written notice by the superintendent that contract termination is under consideration, such teacher may file with the local or regional board of education a written request for a hearing. A board of education may designate a subcommittee of three or more board members to conduct hearings and submit written findings and recommendations to the board for final disposition in the case of teachers whose contracts are terminated. Such hearing shall commence [within] not later than fifteen calendar days after receipt of such request, unless the parties mutually agree to an extension, not to exceed fifteen calendar days (A) before the board of education or a subcommittee of the board, or (B) if indicated in such request or if designated by the board before an impartial hearing [panel, or (C) if the parties mutually agree, before a single impartial hearing] officer chosen by the teacher and the superintendent. If the parties are unable to agree upon the choice of a hearing officer [within] not later than five calendar days after [their] the decision to use a hearing officer, the hearing [shall be held before the board or panel, as the case may be. The impartial hearing panel shall consist of three members appointed as follows: The superintendent shall appoint one panel member, the teacher shall appoint one panel member, and those two panel members shall choose a third, who shall serve as chairperson. If the two panel members are unable to agree upon the choice of a third panel member within five days after the decision to use a hearing panel, the third panel member] officer shall be selected with the assistance of the American Arbitration Association using its expedited selection process and in accordance with its rules for selection of a neutral arbitrator in grievance arbitration. If the [third panel member] hearing officer is not selected with the assistance of such association [within] after five days, the hearing shall be held before the board of education or a subcommittee of the board. [Within seventy-five] Not later than forty-five calendar days after receipt of the request for a hearing, the [impartial hearing panel,] subcommittee of the board or hearing officer, unless the parties mutually agree to an extension not to exceed fifteen calendar days, shall submit written findings and a recommendation to the board of education as to the disposition of the charges against the teacher and shall send a copy of such findings and recommendation to the teacher. The board of education shall give the teacher concerned its written decision [within] not later than fifteen calendar days of receipt of the written recommendation of the [impartial hearing panel,] subcommittee or hearing officer. Each party shall [pay the fee of the panel member selected by it and shall] share equally the fee of the [third panel member or] hearing officer and all other costs incidental to the hearing. If the hearing is before the board of education, the board shall render its decision [within] not later than fifteen calendar days after the close of such hearing and shall send a copy of its decision to the teacher. The hearing shall be public if the teacher so requests or the board, subcommittee [,] or hearing officer [or panel] so designates. The teacher concerned shall have the right to appear with counsel at the hearing, whether public or private. A copy of a transcript of the proceedings of the hearing shall be furnished by the board of education, upon written request by the teacher within fifteen days after the board's decision, provided the teacher shall assume the cost of any such copy. Nothing herein contained shall deprive a board of education or superintendent of the power to suspend a teacher from duty immediately when serious misconduct is charged without prejudice to the rights of the teacher as otherwise provided in this section.

(e) Any teacher aggrieved by the decision of a board of education after a hearing as provided in subsection (d) of this section may appeal therefrom, [within] not later than thirty calendar days of such decision, to the Superior Court. Such appeal shall be made returnable to said court in the same manner as is prescribed for civil actions brought to said court. Any such appeal shall be a privileged case to be heard by the court as soon after the return day as is practicable. The board of education shall file with the court a copy of the complete transcript of the proceedings of the hearing and the minutes of board of education meetings relating to such termination, including the vote of the board on the termination, together with such other documents, or certified copies thereof, as shall constitute the record of the case. The court, upon such appeal, shall review the proceedings of such hearing. The court, upon such appeal and hearing thereon, may affirm or reverse the decision appealed from in accordance with subsection (j) of section 4-183. Costs shall not be allowed against the board of education unless it appears to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

Sec. 57. (Effective from passage) (a) The Commissioner of Education, in consultation with the Performance Evaluation Advisory Council, established under section 10-151d of the general statutes, shall develop a plan for establishing a link between teacher and administrator evaluation and support programs, adopted pursuant to section 10-151b of the general statutes, as amended by this act, and the attainment of tenure pursuant to section 10-151 of the general statutes, as amended by this act. Such plan shall (1) outline how performance evaluation levels are related to determinations of effectiveness and ineffectiveness for purposes of attaining tenure, (2) develop a process for validating evaluations for purposes of attaining and losing tenure and obtaining a distinguished educator designation pursuant to section 63 of this act, and (3) address issues relating to teachers and administrators who have been identified as ineffective by two or more boards of education.

(b) Not later than January 1, 2013, the commissioner shall submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

Sec. 58. Section 10-151b of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The superintendent of each local or regional board of education shall [continuously] annually evaluate or cause to be evaluated each teacher and administrator, in accordance with guidelines established by the State Board of Education, pursuant to subsection (c) of this section, and such other guidelines as may be established by mutual agreement between the local or regional board of education and the teachers' and administrators' representative chosen pursuant to section 10-153b, and may conduct additional formative evaluations toward producing an annual summative evaluation. An evaluation pursuant to this subsection shall include, but need not be limited to, strengths, areas needing improvement, strategies for improvement and multiple indicators of student academic growth. Claims of failure to follow the established procedures of such evaluation and support programs shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004. In the event that a teacher or an administrator does not receive a summative evaluation during the school year, such teacher or administrator shall receive a proficient rating for such school year. The superintendent shall report the status of teacher evaluations to the local or regional board of education on or before June first of each year. For purposes of this section, the term "teacher" and "administrator" shall include each professional employee of a board of education, below the rank of superintendent, who holds a certificate or permit issued by the State Board of Education.

(b) (1) Each local and regional board of education shall develop and implement teacher and administrator evaluation and support programs consistent with guidelines established by the State Board of Education, pursuant to subsection (c) of this section, and consistent with the plan developed in accordance with the provisions of subsection (b) of section 10-220a.

(2) Each superintendent shall annually report to the Commissioner of Education the status of the implementation of teacher and administrator evaluations, including the frequency of evaluations, aggregate evaluation ratings, the number of teachers and administrators who have not been evaluated and other requirements as determined by the Department of Education.

(c) On or before July 1, 2012, the State Board of Education shall adopt, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d, guidelines for a model teacher and administrator evaluation and support program. Such guidelines shall [provide guidance on] include, but not be limited to, (1) the use of four performance evaluations designators: Exemplary, proficient, developing and below standard; (2) the use of multiple indicators of student academic growth and development in teacher and administrator evaluations; [. Such guidelines shall include, but not be limited to: (1) Methods] (3) methods for assessing student academic growth and development; [(2)] (4) a consideration of control factors tracked by the state-wide public school information system, pursuant to subsection (c) of section 10-10a, that may influence teacher and administrator performance ratings, including, but not limited to, student characteristics, student attendance and student mobility; [and (3)] (5) minimum requirements for teacher and administrator evaluation instruments and procedures, including scoring systems to determine exemplary, proficient, developing and below standard ratings; (6) the development and implementation of periodic training programs regarding the teacher and administrator evaluation and support program to be offered by the local or regional board of education or regional educational service center for the school district to teachers and administrators who are employed by such local or regional board of education and whose performance is being evaluated and to administrators who are employed by such local or regional board of education and who are conducting performance evaluations; (7) the provision of professional development services based on the individual or group of individuals' needs that are identified through the evaluation process; (8) the creation of individual teacher and administrator improvement and remediation plans for teachers and administrators whose performance is developing or below standard designed in consultation with such teacher or administrator and his or her exclusive bargaining representative for certified teachers chosen pursuant to section 10-153b of the general statutes, and that (A) identify resources, support and other strategies to be provided by the local or regional board of education to address documented deficiencies, (B) indicate a timeline for implementing such resources, support, and other strategies, in the course of the same school year as the plan is issued, and (C) include indicators of success including a summative rating of proficient or better immediately at the conclusion of the improvement and remediation plan; (9) opportunities for career development and professional growth; and (10) a validation procedure to audit evaluation ratings of exemplary or below standard by the department, or a third party entity approved by the department, to validate such exemplary or below standard evaluation ratings for any teacher or administrator.

Sec. 59. (Effective from passage) (a) The Neag School of Education at The University of Connecticut shall study the implementation of teacher and administrator evaluation and support programs, adopted pursuant to section 10-151b of the general statutes, as amended by this act, in ten school districts selected by the Commissioner of Education for the school year commencing July 1, 2012. Such study shall compare the teacher and administrator evaluation and support program adopted by each local or regional board of education to the model teacher and administrator evaluation and support program developed pursuant to said section 10-151b, and shall analyze the administration and results of such program.

(b) Not later than October 1, 2013, the Neag School of Education at The University of Connecticut shall submit such study to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes.

Sec. 60. Section 10-144o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

As used in sections 10-145 to 10-158a, inclusive:

(1) "Equivalent" means qualifications reasonably comparable to those specifically listed as required for certification;

(2) "Initial educator certificate" means a license to teach issued on or after July 1, [1989] 2014, to a person who has successfully met the preparation and eligibility requirements specified by the State Board of Education for entrance into a beginning educator program. Such certificate shall expire after eight years serving in a public school or private special education facility and may be extended for up to two years by application to the State Board of Education. The State Board of Education shall renew such certificate if such person is not serving in a public school or private special education facility during such period;

(3) "Beginning educator program" means the support and standards program established by the State Board of Education for holders of initial educator certificates. The program shall be designed to improve the quality of the first school years of teaching and to determine whether holders of initial educator certificates have achieved the level of competency, as defined by said board, to entitle them to [provisional] professional educator certificates;

[(4) "Provisional teaching certificate" or "provisional certificate" means a license to teach during the provisional certification period, issued prior to July 1, 1989, to a person who meets in full the preparation requirements of the State Board of Education;

(5) "Provisional educator certificate" means a license to teach, issued on or after July 1, 1989, to a person who (A) has successfully completed a beginning educator program, if there is such a program for such person's certification endorsement area, and not less than one school year of successful teaching in a public school, (B) 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 or (C) has successfully taught with a provisional teaching certificate for the year immediately preceding application for such 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;

(6) "Standard teaching certificate" or "standard certificate" means a license to teach issued prior to July 1, 1989, to one who has successfully completed no less than three school years of satisfactory teaching experience and fulfilled other requirements while holding a provisional certificate or its equivalent;]

[(7)] (4) "Professional educator certificate" means a license to teach issued on or after July 1, [1989] 2014, initially to a person who has (A) successfully completed a beginning educator program, if there is such a program for such person's certification endorsement area, (B) successfully completed not less than three school years of teaching in a public school, private special education facility approved by the State Board of Education or nonpublic school approved by the State Board of Education while holding [a provisional educator or provisional teaching] an initial educator certificate, and (C) has successfully completed [not fewer than thirty semester hours of credit beyond a bachelor's degree] a master's degree in a course of study directly related to such teacher's ability to improve teaching and learning from a program approved by the State Board of Education or from a college or university accredited by the Board of Regents for Higher Education or the State Board of Education or regionally accredited. Said certificate shall be continued every five years after issuance [upon the successful completion of continuing education,] in accordance with [subsection (i)] the provisions of section 10-145b, as amended by this act, during each successive five-year period; [. The successful completion of continuing education units shall only be required for certified employees of local and regional boards of education;]

[(8) "Temporary ninety-day certificate" means a license to teach issued on or after July 1, 1988, to a person upon the request of a local or regional board of education pursuant to subsection (c) of section 10-145b. Each such certificate may be reissued once upon the request of a local or regional board of education during the 1988-1989 school year and upon reissuance shall be effective until July 1, 1989. Any provision for the reissuance of such certificate after said school year shall be pursuant to regulations adopted by the State Board of Education;]

[(9)] (5) "One year" means one school year.

Sec. 61. Subsection (e) of section 10-145a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(e) On and after July 1, [1998] 2014, any candidate in a program of teacher preparation leading to professional certification shall be encouraged to complete a computer and other information technology skills component of such program, as applied to student learning and classroom instruction, communications and data management.

Sec. 62. Section 10-145b of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) [The] Except as otherwise provided in subsection (c) of this section, the State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate to any person who has graduated (1) from a four-year baccalaureate program or a master's program of teacher education as approved by [said state board] the State Board of Education, or (2) from a four-year baccalaureate program or master's program approved by [said state board] the State Board of Education or from a college or university accredited by the [board of regents] Board of Regents for Higher Education or the State Board of 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 regents] Board of Regents for Higher Education or the State Board of Education 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, except as provided in section 10-145l. Each such initial educator certificate shall be valid for [three] eight years, and may be extended for up to two years, on an annual basis, by application to the State Board of Education, 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.] The State Board of Education shall renew such certificate if such person is not serving in a public school or private special education facility during such period.

(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] If an applicant does not satisfy the requirements described in subsections (a) and (b) of this section, the State Board of Education [, upon request of a local or regional board of education,] shall issue [a temporary ninety-day] an initial educator certificate to any applicant in the certification endorsement areas of elementary education, middle grades education, secondary academic subjects, special subjects or fields, special education, early childhood 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)] (A) The applicant meets the following requirements, except as otherwise provided in subparagraph [(C)] (B) of this subdivision:

(i) Holds a bachelor's degree from an institution of higher education accredited by the Board of Regents for Higher Education, the State Board of 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] such applicant will be placed 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, except as provided in section 10-145l;

(ii) Has met the requirements pursuant to subsection (b) of section 10-145f, as amended by this act;

(iii) Presents a written application on such forms as the Commissioner of Education shall prescribe;

(iv) Has successfully completed an alternate route to certification program provided by the Board of Regents for Higher Education or public or independent institutions of higher education, regional educational service centers or private teacher or administrator training organizations and approved by the State Board of 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)] (B) The Commissioner of Education may waive the requirements of subparagraphs [(B)(v) or (B)(vi)] (A)(v) or (A)(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 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) 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.

[(e) 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, or the superintendent's designee, in whose local or regional school district such person was employed, (2) has completed at least three years of successful teaching in a public school in another state or a 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, as attested to by the superintendent, or the superintendent's designee, in whose school district such person was employed, or by the supervising agent of the nonpublic school in which such person was employed, and has met preparation and eligibility requirements for an initial educator certificate, or (3) 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.

(f) 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.]

[(g)] (e) On or after [July 1, 1989, and prior to July 1, 2016] July 1, 2014, to qualify for a professional educator certificate, a person who holds or has held [a provisional] an initial educator certificate under [subsection (e)] subsection (a) or (c) 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. On and after July 1, 2016, to qualify for a professional educator certificate, a person who holds or has held a provisional educator certificate under subsection (d) of this section shall have completed thirty credit hours of graduate coursework at a regionally accredited institution of higher education] (1) successfully completed a beginning educator program, if there is such a program for such person's certification endorsement area, (2) successfully completed not less than three school years of teaching in a public school, private special education facility approved by the State Board of Education or nonpublic school approved by the State Board of Education while holding an initial educator certificate, and (3) has successfully completed a master's degree in a course of study directly related to such teacher's ability to improve teaching and learning from a program approved by the State Board of Education or from a college or university accredited by the Board of Regents for Higher Education or the State Board of Education or regionally accredited.

[(h)] (f) (1) Unless otherwise provided in regulations adopted under section 10-145d, in not less than three years or more than eight years after the issuance of [a provisional] an initial educator certificate pursuant to [subsection (e)] subsection (a) or (c) of this section and upon the statement of the superintendent, or the superintendent's designee, in whose school district such certificate holder was employed, or the supervisory agent of a nonpublic school approved by the State Board of Education, in whose school such certificate holder was employed, that the [provisional] initial educator certificate holder and such superintendent, or such superintendent's designee, or supervisory agent have mutually determined or approved an individual program [pursuant to subdivision (2) of subsection (g) of this section] and upon the statement of such superintendent, or such superintendent's designee, or supervisory agent that such certificate holder has a record of [competency] effectiveness in the discharge of such certificate holder's duties during [such provisional period, the state board] the period that such person held an initial educator certificate, the State Board of Education, upon receipt of a proper application, shall issue such certificate holder a professional educator certificate. A signed recommendation from the superintendent of schools, or the superintendent's designee, for the local or regional board of education or from the supervisory agent of a [nonpublic school] private special education facility approved by the State Board of Education shall be evidence of [competency] effectiveness. Such recommendation shall state that the person who holds or has held [a provisional] an initial educator certificate has successfully completed at least three school years of [satisfactory] effective teaching for one or more local or regional boards of education or such [nonpublic schools] private special education facility. [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 (g) of this section, as appropriate.]

(2) Upon receipt of a proper application, the State Board of Education shall issue to a teacher from another state, territory or possession of the United States or the District of Columbia or the Commonwealth of Puerto Rico who (A) is nationally board certified by an organization deemed appropriate by the Commissioner of Education to issue such certifications, [and] or (B) has taught under an appropriate certificate in another state, territory or possession of the United States or the District of Columbia or the Commonwealth of Puerto Rico for a minimum of [three years] one year in the preceding [ten] five years (i) [a provisional] an initial educator certificate with the appropriate endorsement, or (ii) if such teacher has, prior to July 1, 2016, completed thirty credit hours of undergraduate or graduate coursework beyond the baccalaureate degree, and on and after July 1, 2016, completed thirty credit hours of graduate coursework, a professional educator certificate with the appropriate endorsement, subject to the provisions of subsection [(j)] (h) of this section relating to denial of applications for certification. Applicants who have taught under an appropriate certificate issued by another state, territory or possession of the United States or the District of Columbia or the Commonwealth of Puerto Rico for three or more years shall be exempt from completing the beginning educator program based upon such teaching experience. An applicant with three or more years of teaching experience in this state in the past ten years shall be exempt from completing the beginning educator program based upon such teaching experience.

[(i)] (g) (1) For certified employees of local and regional boards of education or nonpublic schools, 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 employing local or regional board of education or the employing supervisory agent of a nonpublic school approved by the State Board of Education in accordance with this section, or documented completion of a national board certification assessment in the appropriate endorsement area, during each successive five-year period. (A) Such continuing education completed by certified employees with an early childhood nursery through grade three or an elementary endorsement who hold a position requiring such an endorsement shall include at least fifteen hours of training in the teaching of reading and reading readiness and assessment of reading performance, including methods of teaching language skills necessary for reading, reading comprehension skills, phonics and the structure of the English language during each five-year period. (B) Such continuing education requirement completed by certified employees with elementary, middle grades or secondary academic 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 unless such employees are able to demonstrate technology competency, in a manner determined by their local or regional board of education, based on state-wide standards for teacher competency in the use of technology for instructional purposes adopted pursuant to section 4d-85. (C) Such continuing education completed by (i) the superintendent of schools, and (ii) 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 their assigned time, shall include at least fifteen hours of training in the evaluation of teachers pursuant to section 10-151b during each five-year period. (D) In the case of certified employees with a bilingual education endorsement who hold positions requiring such an endorsement (i) in an elementary school and who do not hold an endorsement in elementary education, such continuing education taken on or after July 1, 1999, shall only count toward the ninety-hour requirement if it is in language arts, reading and mathematics, and (ii) in a middle or secondary school and who do not hold an endorsement in the subject area they teach, such continuing education taken on or after July 1, 1999, shall only count toward the ninety-hour requirement if it is in such subject area or areas. On and after July 1, 2011, such continuing education shall be as determined by the local or regional board of education in full consideration of the provisions of this section and the priorities and needs related to student outcomes as determined by the State Board of Education. 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 a certificate, upon application, shall be reissued a professional educator certificate for a period of time equal to six months for each year the employee 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 a 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.]

(2) (A) Each certified employee shall participate in a program of professional development, as described in this subdivision. Each local and regional board of education shall make available, annually, at no cost to its certified employees, a program of professional development that is not fewer than eighteen hours [of professional development activities for continuing education credit] in length, of which a preponderance is in a small group or individual instructional setting. 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] Commissioner of Education. Local and regional boards of education shall [grant continuing education credit for] offer 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] Professional development opportunities shall include, whenever possible and appropriate, opportunities to improve the integration of reading instruction, literacy and numeracy enhancement, cultural awareness and strategies to improve English language learner instruction into teachers' instructional practice and shall be (i) determined by each board of education 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, and on and after July 1, 2011, in full consideration of priorities and needs related to student outcomes as determined by the State Board of Education, and (ii) used as an opportunity for professional growth and to improve teacher practice based on general results and findings from teacher evaluations reported by the superintendent of schools, or the superintendent's designee. Professional development completed by the superintendent of schools and administrators, as defined in section 10-144e, shall include at least fifteen hours of training in the evaluation and support of teachers under the teacher evaluation program pursuant to section 10-151b, as amended by this act, during each five-year period. 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)] (B) Each local and regional board of education or supervisory agent of a nonpublic school approved by the State 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] required by this subdivision: [(A)] (i) Are planned in response to identified needs, [(B)] (ii) are provided by qualified instructional personnel, as appropriate, [(C)] (iii) have the requirements for participation in the activity shared with participants before the commencement of the activity, [(D)] (iv) are evaluated in terms of its effectiveness and its contribution to the attainment of school or district-wide goals, and [(E)] (v) 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)] (C) 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] subparagraph (B) of this subdivision 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.]

(D) The Department of Education shall conduct audits of the professional development programs provided by local and regional boards of education required by this subdivision. If the State Board of Education determines, based on such audit, that a local or regional board of education is not in compliance with any provision of this subdivision, the State Board of Education may require the local or regional board of education to forfeit of the total sum which is paid to such board of education from the State Treasury an amount to be determined by the State Board of Education. The amount so forfeited shall be withheld from a grant payment, as determined by the Commissioner of Education, during the fiscal year following the fiscal year in which noncompliance is determined pursuant to this subdivision. Notwithstanding the penalty provision of this subdivision, the State Board of Education may waive such forfeiture if the board determines that the failure of the local or regional board of education to comply with such a provision was due to circumstances beyond its control.

(E) For purposes of this subdivision, such program of professional development shall (i) be a comprehensive, sustained and intensive approach to improving teacher and administrator effectiveness in raising student achievement, (ii) foster collective responsibility for improved student performance, and (iii) be comprised of professional learning that (I) is aligned with rigorous state student academic achievement standards, (II) is conducted among educators at the school and facilitated by principals, coaches, mentors, master teachers or other lead teachers, and (III) occurs frequently on an individual basis or among groups of teachers in a job-embedded process of continuous improvement.

[(j)] (h) (1) The State Board of Education may revoke any certificate, authorization or permit issued pursuant to sections 10-144o to 10-149, inclusive, as amended by this act, for any of the following reasons: (A) The holder of the certificate, authorization or permit obtained such certificate, authorization or permit through fraud or misrepresentation of a material fact; (B) the holder has persistently neglected to perform the duties for which the certificate, authorization or permit was granted; (C) the holder is professionally unfit to perform the duties for which the certificate, authorization or permit was granted; (D) 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 holding of a certificate, authorization or permit by the person would impair the standing of certificates, authorizations or permits issued by the board; or (E) other due and sufficient cause. The State Board of Education shall revoke any certificate, authorization or permit 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. In any revocation proceeding pursuant to this section, the State Board of Education shall have the burden of establishing the reason for such revocation by a preponderance of the evidence. Revocation shall be in accordance with procedures established by the State Board of Education pursuant to chapter 54.

(2) When the Commissioner of Education is notified, pursuant to section 10-149a or 17a-101i, as amended by this act, that a person holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, as amended by this act, has been convicted of (A) a capital felony, pursuant to section 53a-54b, (B) arson murder, pursuant to section 53a-54d, (C) a class A felony, (D) a class B felony, except a violation of section 53a-122, 53a-252 or 53a-291, (E) a crime involving an act of child abuse or neglect as described in section 46b-120, or (F) a violation of section 53-21, 53-37a, 53a-60b, 53a-60c, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-88, 53a-90a, 53a-99, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b or 21a-278 or subsection (a) of section 21a-277, any certificate, permit or authorization 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. As part of such reconsideration process, the board shall make the initial determination as to whether to uphold or overturn the revocation. The commissioner shall make the final determination as to whether to uphold or overturn the revocation.

(3) The State Board of Education may deny an application for a certificate, authorization or permit for any of the following reasons: (A) The applicant seeks to obtain a certificate, authorization or permit 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, authorization or permit would impair the standing of certificates, authorizations or permits issued by the board; or (C) other due and sufficient cause. Any applicant denied a certificate, authorization or permit shall be notified in writing of the reasons for denial. Any applicant denied a certificate, authorization or permit may request a review of such denial by the State Board of Education.

(4) A person whose certificate, permit or authorization has been revoked may not be employed in a public school during the period of revocation.

(5) Any local or regional board of education or private special education facility approved by the commissioner shall report to the commissioner when an employee, who holds a certificate, permit or authorization, is dismissed pursuant to subdivision (3) of subsection (d) of section 10-151, as amended by this act.

[(k)] (i) Not later than thirty days after receipt of notification, any initial educator certificate holder who is not granted a [provisional educator certificate, or any provisional educator 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, as amended by this act, and 10-146b, may appeal to the State Board of Education for reconsideration. Said board shall review the records of the appropriate certification period, and, if a hearing is requested in writing, hold such hearing not later than sixty days after such request and render a written decision not later than thirty days after the conclusion of such hearing. Any teacher aggrieved by the decision of said board may appeal from such decision in accordance with the provisions of section 4-183 and such appeal shall be privileged with respect to assignment of such appeal.

[(l)] (j) 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.

[(m)] (k) 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 two hundred dollars in the case of an applicant for an initial educator certificate, two hundred [fifty dollars in the case of an applicant for a provisional educator certificate and three hundred seventy-five] 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 one hundred 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 one hundred 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 fifty dollars. The Commissioner of Education may, upon request by the applicant, waive any fee required under this subsection if the commissioner determines that the applicant is unable to pay such fee due to extenuating circumstances.

Sec. 63. (NEW) (Effective July 1, 2014) (a) The State Board of Education shall award, upon receipt of a proper application, a distinguished educator designation to any person who (1) has successfully completed not less than five years of teaching in a public school or private special education facility approved by the State Board of Education, (2) holds a professional educator certificate, pursuant to section 10-145b of the general statutes, as amended by this act, (3) has additional, advanced education beyond a master's degree from a degree or non-degree granting institution in areas to include, but not be limited to, mentorship or coaching of teachers, and (4) meets the performance requirements established by the Department of Education with consideration to the demonstration of distinguished practice as validated by the department or an entity approved by the department.

(b) Such designation shall be renewed every five years after issuance upon the demonstration that such person meets performance requirements established by the department with consideration to the demonstration of distinguished practice as validated by the department or an entity approved by the department.

(c) Upon application to the State Board of Education for the designation as a distinguished educator there shall be paid to the board by or on behalf of the applicant a nonreturnable fee of two hundred dollars. With each request for a duplicate copy of such designation there shall be paid to the board a nonreturnable fee of fifty dollars. The Commissioner of Education may, upon request by the applicant, waive any fee required under this subsection if the commissioner determines that the applicant is unable to pay such fee due to extenuating circumstances.

Sec. 64. Section 10-153d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) Within thirty days prior to the date on which the local or regional board of education is to commence negotiations pursuant to this section, such board of education shall meet and confer with the board of finance in each town or city having a board of finance, with the board of selectmen in each town having no board of finance and otherwise with the authority making appropriations therein. A member of such board of finance, such board of selectmen, or such other authority making appropriations, shall be permitted to be present during negotiations pursuant to this section and shall provide such fiscal information as may be requested by the board of education.

(b) The local or regional board of education and the organization designated or elected as the exclusive representative for the appropriate unit, through designated officials or their representatives, shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate. For purposes of this subsection and sections 10-153a, 10-153b and 10-153e to 10-153g, inclusive, (1) "hours" shall not include the length of the student school year, the scheduling of the student school year, the length of the student school day, the length and number of parent-teacher conferences and the scheduling of the student school day, except for the length and the scheduling of teacher lunch periods and teacher preparation periods and (2) "other conditions of employment" shall not include the establishment or provisions of any retirement incentive plan authorized by section 10-183jj. Such negotiations shall commence not less than two hundred ten days prior to the budget submission date. Any local board of education shall file forthwith a signed copy of any contract with the town clerk and with the Commissioner of Education. Any regional board of education shall file forthwith a signed copy of any such contract with the town clerk in each member town and with the Commissioner of Education. Upon receipt of a signed copy of such contract the clerk of such town shall give public notice of such filing. The terms of such contract shall be binding on the legislative body of the local or regional school district, unless such body rejects such contract at a regular or special meeting called and convened for such purpose within thirty days of the filing of the contract. If a vote on such contract is petitioned for in accordance with the provisions of section 7-7, in order to reject such contract, a minimum number of those persons eligible to vote equal to fifteen per cent of the electors of such local or regional school district shall be required to participate in the voting and a majority of those voting shall be required to reject. Any regional board of education shall call a district meeting to consider such contract within such thirty-day period if the chief executive officer of any member town so requests in writing within fifteen days of the receipt of the signed copy of the contract by the town clerk in such town. The body charged with making annual appropriations in any school district shall appropriate to the board of education whatever funds are required to implement the terms of any contract not rejected pursuant to this section. All organizations seeking to represent members of the teaching profession shall be accorded equal treatment with respect to access to teachers, principals, members of the board of education, records, mail boxes and school facilities and, in the absence of any recognition or certification as the exclusive representative as provided by section 10-153b, participation in discussions with respect to salaries, hours and other conditions of employment.

(c) If the legislative body rejects the contract pursuant to the provisions of subsection (b) of this section, the parties shall commence the arbitration process, in accordance with the provisions of subsection (c) of section 10-153f, on the fifth day next following the rejection which, for the purposes of this procedure, shall serve as the equivalent of the one hundred thirty-fifth day prior to the budget submission date, provided, if requested by either party, the parties shall mediate the contract dispute prior to the initial arbitration hearing. The parties shall meet with a mediator mutually selected by them, provided such parties shall inform the commissioner of the name of such mediator. If the parties are unable to mutually select a mediator, then the parties shall meet with the commissioner or the commissioner's agent or a mediator designated by said commissioner. Mediators shall be chosen from a panel of mediators selected by the State Board of Education or from outside such panel if mutually agreed by the parties. Such mediators shall receive a per diem fee determined on the basis of the prevailing rate for such services, and the parties shall share equally in the cost of such mediation. In any civil or criminal case, any proceeding preliminary thereto, or in any legislative or administrative proceeding, a mediator shall not disclose any confidential communication made to such mediator in the course of mediation unless the party making such communication waives such privilege. The parties shall provide such information as the commissioner may require. The commissioner may recommend a basis for settlement but such recommendations shall not be binding upon the parties.

(d) Through negotiations for collective bargaining agreements effective on and after July 1, 2014, local and regional boards of education may negotiate additional compensation for teachers who have received a distinguished educator designation, pursuant to section 63 of this act, and who are performing additional responsibilities associated with such designation. Such districts may also establish new salary schedules that align compensation for the initial and professional certificate levels as well as other factors. Negotiations under this subsection shall be conducted in accordance with the provisions of this section, except that such negotiations may be conducted in accordance with subsection (e) of section 10-153f if the local or regional board of education and the exclusive bargaining representative for teachers would not otherwise be in negotiations under this section.

Sec. 65. Section 10-145f of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) No person shall be formally admitted to a State Board of Education approved teacher preparation program until such person has achieved satisfactory scores on the state reading, writing and mathematics competency examination prescribed by and administered under the direction of the State Board of Education, or has qualified for a waiver of such test based on criteria established by the State Board of Education.

(b) (1) Any person who does not hold a valid certificate pursuant to section 10-145b, as amended by this act, shall (A) achieve satisfactory scores on the state reading, writing and mathematics competency examination prescribed by and administered under the direction of the State Board of Education, or qualify for a waiver of such test based on criteria approved by the State Board of Education, and (B) achieve a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment in order to be eligible for a certificate pursuant to said section unless such assessment has not been approved by the State Board of Education at the time of application, in which case the applicant shall not be denied a certificate solely because of the lack of an evaluation on such assessment. A person who holds a valid school administrator certificate in another state that is at least equivalent to an initial educator certificate, pursuant to section 10-145b, as amended by this act, as determined by the State Board of Education, and has successfully completed three years of experience as a school administrator in a public school in another state or in a nonpublic school approved by the appropriate state board of education during the ten-year period prior to the date of application for a certificate in a school administration endorsement area shall not be required to meet the state reading, writing and mathematics competency examination.

(2) Any person applying for an additional certification endorsement shall achieve a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment in order to be eligible for such additional endorsement, unless such assessment has not been approved by the State Board of Education at the time of application, in which case the applicant shall not be denied the additional endorsement solely because of the lack of an evaluation on such assessment.

(3) On and after July 1, 1992, any teacher who held a valid teaching certificate but whose certificate lapsed and who had completed all requirements for the issuance of a new certificate pursuant to section 10-145b, as amended by this act, except for filing an application for such certificate, prior to the date on which the lapse occurred, may file, within one year of the date on which the lapse occurred, an application with the Commissioner of Education for the issuance of such certificate. Upon the filing of such an application, the commissioner may grant such certificate and such certificate shall be retroactive to the date on which the lapse occurred, provided the commissioner finds that the lapse of the certificate occurred as a result of a hardship or extenuating circumstances beyond the control of the applicant. If such teacher has attained tenure and is reemployed by the same board of education in any equivalent unfilled position for which the person is qualified as a result of the issuance of a certificate pursuant to this subdivision, the lapse period shall not constitute a break in employment for such person reemployed and shall be used for the purpose of calculating continuous employment pursuant to section 10-151, as amended by this act. If such teacher has not attained tenure, the time unemployed due to the lapse of a certificate shall not be counted toward tenure, except that if such teacher is reemployed by the same board of education as a result of the issuance of a certificate pursuant to this subdivision, such teacher may count the previous continuous employment immediately prior to the lapse towards tenure. Using information provided by the Teachers' Retirement Board, the Department of Education shall annually notify each local or regional board of education of the name of each teacher employed by such board of education whose provisional certificate will expire during the period of twelve months following such notice. Upon receipt of such notice the superintendent of each local and regional board of education shall notify each such teacher in writing, at such teacher's last known address, that the teacher's provisional certificate will expire.

(4) Notwithstanding the provisions of this subsection to the contrary, to be eligible for a certificate to teach subjects for which a bachelor's degree is not required, any applicant who is otherwise eligible for certification in such endorsement areas shall be entitled to a certificate without having met the requirements of the competency examination and subject area assessment pursuant to this subsection for a period not to exceed two years, except that for a certificate to teach skilled trades or trade-related or occupational subjects, the commissioner may waive the requirement that the applicant take the competency examination. The commissioner may, upon the showing of good cause, extend the certificate.

(5) On and after July 1, 2011, any person applying for a certification in the endorsement area of elementary education shall achieve a satisfactory evaluation on the appropriate State Board of Education approved mathematics assessment in order to be eligible for such elementary education endorsement.

(c) Notwithstanding the provisions of this section and section 10-145b, as amended by this act, the following persons shall be eligible for a nonrenewable [temporary] initial educator certificate: (1) A person who has resided in a state other than Connecticut during the year immediately preceding application for certification in Connecticut and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, if such person holds current teacher certification in a state other than Connecticut and has completed at least one year of successful teaching in another state in a public school or a nonpublic school approved by the appropriate state board of education, (2) a person who has graduated from a teacher preparation program at a college or university outside of the state and regionally accredited, and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, and (3) a person hired by a charter school after July first in any school year for a teaching position that school year, provided the person hired after said date could reasonably be expected to complete the requirements prescribed in subparagraphs [(B)] (A) and [(C)] (B) of subdivision (1) of subsection (c) of section 10-145b, as amended by this act. The nonrenewable [temporary] initial educator certificate shall be valid for one year from the date it is issued.

[(d) Any person who is first issued a certificate valid after July 1, 1989, or who is reissued a certificate after July 1, 1989, shall, except as otherwise provided in this subsection, be required to achieve a satisfactory evaluation on a professional knowledge clinical assessment not later than the end of the second year of teaching in a public school if hired prior to January first or, if hired on or after January first, not later than the end of the second full school year of teaching following the year in which such person was hired in order to retain the certificate. The commissioner (1) may waive the requirement that such satisfactory evaluation on a professional knowledge clinical assessment be achieved upon a determination that such assessment is not valid for the person's teaching assignment, or (2) upon a showing of good cause, may extend the time limit for the assessment for a period of time not exceeding two years. The requirement of a clinical assessment shall not apply to any such person who has completed at least three years of successful teaching in a public school or a nonpublic school approved by the appropriate state board of education during the ten years immediately preceding the date of application or who successfully taught with a provisional teaching certificate during 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. Notwithstanding the provisions of this subsection, the State Board of Education may reissue an initial educator certificate to a person who held such certificate and did not achieve a satisfactory evaluation on a professional knowledge clinical assessment provided the person submits evidence demonstrating significant intervening study and experience, in accordance with standards established by the State Board of Education.]

[(e)] (d) The board shall, by regulation, set all fees to be charged to each person who applies to take the State Board of Education administered competency examination, the subject area assessment or the professional knowledge clinical assessment, which shall be not less than seventy-five dollars for the competency examination and subject area assessment for the elementary level. Notwithstanding the provisions of this section to the contrary, the Commissioner of Education may waive any fee under this section due to a candidate's inability to pay.

[(f)] (e) Notwithstanding the provisions of this section, any person who holds a valid teaching certificate that is at least equivalent to an initial educator certificate, as determined by the State Board of Education, and such certificate is issued by a state other than Connecticut in the subject area or endorsement area for which such person is seeking certification in Connecticut shall not be required to successfully complete the competency examination and subject matter assessment pursuant to this section, if such person has either (1) successfully completed at least three years of teaching experience in the subject area for which such person is seeking certification in Connecticut in the past ten years in a public school or a nonpublic school approved by the appropriate state board of education in such other state, or (2) holds a master's degree or higher in the subject area for which such person is seeking certification in Connecticut.

Sec. 66. Subsection (c) of section 10-145h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(c) On and after July 1, 2000, the State Board of Education shall require bilingual education teachers [holding provisional educator certificates] to meet the requirements of this subsection in order to qualify for a professional educator certificate to teach bilingual education. (1) Such bilingual education teachers who teach on the elementary level shall take fifteen credit hours in bilingual education and fifteen credit hours in language arts, reading and mathematics. (2) Such bilingual education teachers who teach on the middle or secondary level shall take fifteen credit hours in bilingual education and fifteen credit hours in the subject matter that they teach. Such professional educator certificate shall be valid for bilingual education and the grade level and content area of preparation.

Sec. 67. Subdivision (1) of subsection (b) of section 10-145o of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(1) The Department of Education shall (A) develop a statement for the teacher education and mentoring program that includes the state's goals for state-wide teacher induction, mentoring, professional development and evaluation, using state-wide data and national research findings; (B) distribute state funding to local and regional school districts to assist with implementation of district teacher education and mentoring plans; (C) manage and make accessible to local and regional school districts the data systems needed to document that teachers and mentors have satisfactorily completed the instructional modules; (D) monitor district implementation of the teacher education and mentoring program to ensure fidelity to the program's plan and goals, including random district audits and observations by state personnel; [(E) issue provisional educator certificates to teachers that have satisfactorily completed the induction program; (F)] (E) develop guidelines for the creation and approval of district teacher education and mentoring plans, based on input and recommendations from stakeholder groups; and [(G)] (F) oversee an outside evaluation of the teacher education and mentoring program every three to five years;

Sec. 68. Subdivision (3) of subsection (e) of section 10-145o of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(3) Upon successful completion of the instructional modules and final review by the coordinating committee, the superintendent of the school district shall submit the names of the beginning teachers [eligible for receipt of a provisional educator certificate] who have successfully completed such instructional modules to the State Board of Education.

Sec. 69. Subsection (f) of section 10-145o of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(f) Local and regional boards of education, in cooperation with the Department of Education, institutions of higher education and regional educational service centers, shall recruit mentors for their teacher education and mentoring program. Those persons eligible to serve as mentors for such programs shall hold a [provisional educator certificate or a] professional educator certificate or a distinguished educator designation, pursuant to section 63 of this act, and have at least three years teaching experience in Connecticut, including at least one year of experience in the district in which they are presently employed. Retired certified teachers may also serve as mentors, provided they successfully complete a mentor training program offered by a regional educational service center. Each mentor shall be assigned two beginning teachers, except that in certain circumstances, a mentor may be assigned three beginning teachers. Such assignment shall be reflected in each district's three-year plan. Each mentor shall provide fifty contact hours to each beginning teacher during the program, with the expectation of approximately ten contact hours per module. Mentors shall receive a minimum of a five-hundred-dollar annual stipend for each beginning teacher assigned to such mentor from the local or regional board of education for participation in the teacher education and mentoring program. Such stipend shall be included in a person's total earnings for purposes of retirement.

Sec. 70. Subsection (a) of section 10-146b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) Any person who holds a provisional educator or provisional teaching certificate issued prior to July 1, 2014, or held such certificate within one year of application for extension of such certificate and is unable to complete the requirements for a professional educator certificate within the period required, or any person who holds a professional educator certificate or held such certificate within one year of application for extension of such certificate and is unable to complete the requirements for continuation of such professional educator certificate within the period required may appeal to the commissioner for an extension of the applicable period for good cause. If the commissioner finds a hardship exists in the case of such person or finds an emergency situation because of a shortage of certified teachers in the school district where such person is employed, the commissioner may extend such certificate for no more than twenty-four months, effective as of or retroactive to the expiration date of such certificate, provided not more than one extension shall be granted to such person and, provided further, the record of such person is satisfactory under the provisions of sections 10-145a to 10-145d, inclusive, as amended by this act, and this section. For the purposes of section 10-151, as amended by this act, any lapse period pursuant to this section shall not constitute a break in employment for such person if reemployed and shall be used for the purpose of calculating continuous employment.

Sec. 71. Subdivision (2) of subsection (b) of section 10-66dd of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(2) Subject to the provisions of subdivision (5) of this subsection, at least one-half of the persons providing instruction or pupil services in a charter school shall possess the proper certificate other than [(A) a certificate issued pursuant to subdivision (1) of subsection (c) of section 10-145b, or (B) a temporary] an initial educator certificate issued pursuant to subsection (c) of section 10-145f, as amended by this act, on the day the school begins operation and the remaining persons shall possess a certificate issued pursuant to said subdivision (1) or such temporary certificate on such day.

Sec. 72. Subsection (a) of section 10-145a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) The State Board of Education may, in accordance with section 10-19 and such regulations and qualifications as it prescribes, issue certificates of qualification to teach, to administer, to supervise or to serve in other positions requiring certification pursuant to regulations adopted by the State Board of Education in any public school in the state and may revoke the same. Any such regulations shall provide that the qualifications to maintain any administrator, supervisor or special service certificate shall incorporate the [continuing education] professional development provisions of subsection [(i)] (g) of section 10-145b, as amended by this act. The certificates of qualification issued under this section shall be accepted by boards of education in lieu of any other certificate, provided additional qualifications may be required by a board of education, in which case the state certificate shall be accepted for such subjects as it includes.

Sec. 73. Subsection (c) of section 10-149b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(c) The State Board of Education may revoke the coaching permit, in accordance with the provisions of subsection [(j)] (h) of section 10-145b, as amended by this act, of any coach found to be in violation of this section.

Sec. 74. Subsection (b) of section 10-149c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(b) The State Board of Education may revoke the coaching permit, in accordance with the provisions of subsection [(j)] (h) of section 10-145b, as amended by this act, of any coach found to be in violation of this section.

Sec. 75. Subsections (e) to (g), inclusive, of section 10-221d of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(e) The State Board of Education shall submit, periodically, a database of applicants for an initial issuance of certificate, authorization or permit pursuant to sections 10-144o to 10-149, inclusive, as amended by this act, to the State Police Bureau of Identification. The State Police Bureau of Identification shall conduct a state criminal history records check against such database and notify the State Board of Education of any such applicant who has a criminal conviction. The State Board of Education shall not issue a certificate, authorization or permit until it receives and evaluates the results of such check and may deny an application in accordance with the provisions of subsection [(j)] (h) of section 10-145b, as amended by this act.

(f) The State Board of Education shall submit, periodically, a database of all persons who hold certificates, authorizations or permits to the State Police Bureau of Identification. The State Police Bureau of Identification shall conduct a state criminal history records check against such database and shall notify the State Board of Education of any such person who has a criminal conviction. The State Board of Education may revoke the certificate, authorization or permit of such person in accordance with the provisions of subsection [(j)] (h) of section 10-145b, as amended by this act.

(g) The State Board of Education shall require each applicant seeking an initial issuance or renewal of a certificate, authorization or permit pursuant to sections 10-144o to 10-149, inclusive, as amended by this act, to submit to a records check of the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k. If notification is received that the applicant is listed as a perpetrator of abuse or neglect on the Department of Children and Families child abuse and neglect registry, the board shall deny an application for the certificate, authorization or permit in accordance with the provisions of subsection [(j)] (h) of section 10-145b, as amended by this act, or may revoke the certificate, authorization or permit in accordance with the provisions of said subsection [(j)] (h).

Sec. 76. Subsection (a) of section 17a-101i of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) Notwithstanding any provision of the general statutes, after an investigation has been completed and the Commissioner of Children and Families, based upon the results of the investigation, (1) has reasonable cause to believe that a child has been abused or neglected by a school employee, as defined in section 53a-65, who has been entrusted with the care of a child and who holds a certificate, permit or authorization issued by the State Board of Education, or (2) has recommended that such employee be placed on the Department of Children and Families child abuse and neglect registry established pursuant to section 17a-101k, the commissioner shall, not later than five working days after such finding, notify the employing superintendent and the Commissioner of Education of such finding and shall provide records, whether or not created by the department, concerning such investigation to the superintendent and the Commissioner of Education. The superintendent shall suspend such school employee. The Commissioner of Children and Families shall provide such notice whether or not the child was a student in the employing school or school district. Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such employee. Not later than seventy-two hours after such suspension the superintendent shall notify the local or regional board of education and the Commissioner of Education, or the commissioner's representative, of the reasons for and conditions of the suspension. The superintendent shall disclose such records to the Commissioner of Education and the local or regional board of education or its attorney for purposes of review of employment status or the status of such employee's certificate, permit or authorization. The suspension of a school employee employed in a position requiring a certificate shall remain in effect until the board of education acts pursuant to the provisions of section 10-151, as amended by this act. If the contract of employment of such certified school employee is terminated, or such certified school employee resigns such employment, the superintendent shall notify the Commissioner of Education, or the commissioner's representative, within seventy-two hours after such termination or resignation. Upon receipt of such notice from the superintendent, the Commissioner of Education may commence certification revocation proceedings pursuant to the provisions of subsection [(j)] (h) of section 10-145b, as amended by this act. Notwithstanding the provisions of sections 1-210 and 1-211, information received by the Commissioner of Education, or the commissioner's representative, pursuant to this section shall be confidential subject to regulations adopted by the State Board of Education under section 10-145g.

Sec. 77. Subsection (d) of section 20-195u of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(d) A person licensed pursuant to this chapter who holds a professional educator certificate that is endorsed for school social work and issued by the State Board of Education pursuant to sections 10-144o to 10-149, inclusive, as amended by this act, may satisfy the [continuing education requirements contained in this section by successfully completing] professional development [activities] requirements pursuant to [subdivision (1) of] subsection [(l)] (g) of section 10-145b, as amended by this act. [provided the number of continuing education hours completed by such person is equal to the number of hours per registration period required by this section.]

Statement of Legislative Commissioners:

In section 3(a)(3) to (6), inclusive, changed the phrase "district mastery test data of record" to "mastery test data of record for the district" for clarity and accuracy. In section 3(a)(7), replaced "on account of" with "by the district for the education of" for clarity. In section 3(b), replaced "conditional funding" with "alliance" and replaced "subdivision (7) of subsection (g) of section 10-262i of the general statutes, as amended by this act" with "subsection (d) of this section" for accuracy and internal consistency. In section 4(d), replaced "refund" with "repay" for clarity and consistency. In section 4(f), replaced "program grants pursuant to" with "programs funded by grants under" for clarity. In section 5(a), inserted brackets around "education" for accuracy. In section 5(c) and 5(n), deleted "education" for accuracy. In section 7(a), replaced "to an eligible applicant, as described in" with "pursuant to" for clarity and accuracy. In section 7(b), revised the first sentence to be in the active voice for clarity. In section 7(c), revised subsection to be in the active voice and deleted subdivision designators for clarity. In section 7(f), deleted "education" for accuracy. In section 8(c)(3)(A), added new clause (vi) re students of a single gender for internal consistency. In section 8(c)(3)(E), deleted clauses (i) to (v), inclusive, and replaced with "described in subparagraph (A)(i) to (A)(vi), inclusive, of this subdivision" for clarity. In section 8(c)(3)(F), inserted opening bracket before "that" and inserted closing bracket after "institutions" and after the closing bracket inserted "such applicant is an institution" for clarity and accuracy. In section 8(d), deleted clauses (i) to (v), inclusive, and replaced with "described in subparagraph (A)(i) to (A)(vi), inclusive, of subdivision (3) of subsection (c) of this section" for clarity. In section 8(j), deleted ", as the case may be," for proper form. In section 10, added "school" before "district" for clarity. In section 16(b), after "students" added "described in subsection (c) of this section" for clarity. In section 17(c)(2)(E), replaced "in February" with "July 1" for accuracy. In section 17(d)(2), replaced "paraprofessional teacher aides" with "paraprofessionals" for accuracy. In section 17(e)(2)(N), replaced "fiscal" with "school" for accuracy. In section 27(a), replaced "to" with "for" and replaced "for" with "to implement" for clarity. In section 27(b), added "in order to implement the program described in subsection (a) of this section" after "grant award" and replaced "10-262h" with "10-262i" for clarity and accuracy. In section 28(a), (c)(1) and (f), added "as determined by the Commissioner of Education" after "et al" for consistency with the general statutes. In section 28(b), replaced "but such consideration shall not be limited to" with "the following factors" and added new subdivision (5) re any other factor the commissioner deems appropriate for clarity. In section 30(g)(2), added "as follows:" after "met" for clarity. In section 31(a), deleted "a program known as" and added "program" after "Academy" for clarity, and revised the last sentence to avoid the passive voice for clarity. In section 56(b), added "pursuant to subsection (c) of this section" after "superintendent" for clarity. In section 57(d), inserted brackets around "2000" and after the closing bracket added "2012" for accuracy and internal consistency, and deleted opening bracket before "Within" and inserted opening bracket before "thereof" and added "for such consideration of termination." before "Not" for clarity. In section 63(f)(1), deleted brackets around "eight" and deleted "five" for internal consistency. In section 63(f)(2), replaced "from" with "who have taught under an appropriate certificate issued by", deleted "who have taught under an appropriate certificate", deleted "from this state", and inserted "in this state" after "experience" for clarity. In section 68, deleted brackets around "provisional", deleted "professional", inserted opening bracket before "(E)", inserted closing bracket after "(F)" and redesignated subparagraphs accordingly for internal consistency and accuracy.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact:

Explanation

Summary:

The bill makes various changes to the education statutes that result in a significant cost to the State Department of Education (SDE).¹ Of the changes contained within the bill, $97.0 million is included in sHB 5014, the revised FY 13 budget, as favorably reported by the Appropriations Committee, and $10.0 million in contained within sSB 25, the revised FY 13 bond package, as favorably reported by the Finance, Revenue and Bonding Committee. Table 1A, below, summarizes the state costs included in the bill that are funded in sHB 5014, and Table 1B summarizes the state costs supported in sSB 25. There are additional costs to the SDE that are not contained in sHB 5014. A summary of the unfunded state costs appear in Table 2. Additionally, the bill makes various changes to local and regional school districts that result in costs and savings. A section by section breakout of the bill appears below.

Table 1A: Summary of Costs Included in sHB 5014 ($ in millions)

Table 1B: Summary of Costs Included in sSB 25 ($ in millions)

Table 2: Summary of Unfunded State Costs

Section 1 increases the FY 13 Education Cost Sharing (ECS) grant by $50.0 million. Of the 169 towns, 33 will not receive an ECS increase for FY 13. sHB 5014, the revised FY 13 budget, as favorably reported by the Appropriations Committee, appropriated $50.0 million for this purpose.

Sections 2 - 3 establishes the minimum budget requirement (MBR) for FY 13, which could result in a potential revenue loss to various municipalities and potential revenue gain to the state. In FY 12, it is anticipated that one town, Columbia, will not meet their MBR and will be penalized $317,446. See Appendix A for a listing of approximate MBR's that towns will be required to meet in FY 13.

Additionally, the bill allows for an option to permit towns to reduce their MBR. In FY 12, approximately 105 districts were able to reduce their MBRs collectively by $11.2 million (in aggregate). Adding an additional option for reduction (to reflect half of any new savings from regional collaboration or cooperative arrangements or increased efficiencies) could result in potential savings to various local and regional boards of education.

Section 3 establishes “alliance districts” and allows the education commissioner to conditionally hold back ECS grant increases for these towns and establishes conditions for releasing the funds. Of the $50.0 million in new ECS funding, $39.5 million is designated to the 30 alliance districts. The ability of the commissioner to retain the increased funds could result in a potential revenue loss to municipalities. Any funds that are not allotted to the districts will not lapse, but will be carried forward and remain available to the district for the following year.

Additionally, the bill requires alliance districts to maintain a minimum level of annual local funding for education. This could result in an additional cost to an alliance district, as they are now required to meet their MBR as well as the minimum local funding percentage. The minimum local funding percentages are 20% for FY 13, 22.5% for FY 14, 25% for FY 15, and 30% for FY 16. See Appendix B for a listing of anticipated local funding percentages for FY 13. It is anticipated that only one of the designated alliance districts, Bridgeport, would be unable to meet their minimum local funding percentage, by approximately $3.6 million. The bill allows the commissioner to remove a district from an alliance district designation if they are unable to meet their minimum local funding percentage. This could result in a revenue loss to a municipality, as they would no longer qualify for conditional ECS funding.

However, the bill allows an alliance district to reduce its FY 13 funding for education if it can demonstrate that its local contribution for education for FY 13 has increased compared to the local contribution used to determine its local funding percentage under the bill, thus resulting in a potential savings to a municipality.

Section 4 results in an additional cost of approximately $2.25 million to the State Department of Education (SDE) associated with the creation of competitive grants for improving student performance. The grants range from $50,000 to $750,000 and are available to both alliance and non-alliance districts. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $2.25 million for this purpose.

Charter School Funding

Sections 5 - 7 address issues related to charter school funding identified below.

State Charters:

The bill increases the state's annual per pupil grant to state charter schools, from $9,400 to $10,500. This results in an additional cost to SDE of approximately $7.15 million. Table 3, below, provides detailed information on each state charter school, projected enrollment for the 2012-2012 school year, and the total per pupil grant increase per school.

Table 3: Charter School Enrollment and Increase per School

sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $67.9 million for charter schools, an increase of $8.1 million from the original FY 13 appropriation.² The budget bill specifies that the state charter school appropriation is considered to be part of the ECS grant and transfers $59,839,400 (the original FY 13 appropriation) from the charter school account to the ECS account.

Additionally, the bill states that starting in FY 12, if a school district where a state charter is located, wishes to use student data to determine the district's performance, it must pay the charter school $1,000 annually for each resident student who attends the school. This could result in an additional cost to municipalities that have state charter schools and choose to use the data. Table 4, below, summarizes the potential cost to municipalities if they choose to use the data.

Table 4: Potential Costs for Using Charter School Data

Local Charters:

The bill establishes minimum per pupil support for local charter schools. The minimum is the net current expenditure per pupil of the preceding year. Under current law the per pupil support is specified within the school's charter. This potentially impacts the distribution of funds within the same district, but does not alter the total district expenditure. Currently, there are no local charter schools in operation.

The bill allows the State Board of Education (SBE), within available appropriations, to approve operating grants of up to $3,000 per student for eligible local charters. Additionally, the bill allows SBE to award grants of up to $500,000 for startup costs for an eligible local charter. However, based on sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, there is no funding within the charter school appropriation to support the addition of new local charters. If additional local charters are approved and SDE implemented the bill's provisions, they would incur additional costs. A new local charter with 100 students would result in an additional cost to SDE of $300,000 per year.

Section 8 makes various changes to the state and local charter school approval process. The bill limits the approval of new schools only to those located in low-achieving districts or Commissioner's Network schools. This could result in a savings to municipalities and the state.

Additionally, Section 8 requires that enrollment lotteries for state and local charter schools be conducted for the entire enrollment area of the school. This has no impact on the state, as the state charter school lotteries are handled by the individual schools. However, this could result in an additional cost to municipalities that opt to open new local charter schools as all students in the town or city would have to be entered into the lottery system. This could require additional staff, resources and outside auditing to ensure accuracy. The bill does allow municipalities to opt for a waiver to avoid the large scale lottery process.

Section 9 requires SDE to develop and implement a uniform system of accounting for school expenditures. sSB 25, the revised FY 13 bond package, as favorably reported by the Finance, Revenue and Bonding Committee, included $4.0 million for this purpose.³ It is not anticipated that SDE will require any additional operating funds for this purpose.

Section 10 requires SDE to study issues related to districts with fewer than 1,000 students. This is not anticipated to result in a fiscal impact as the agency currently has staff members with the expertise necessary to perform the study.

Magnet Schools:

Section 11 increases the per pupil grant amounts for various non-Sheff magnet schools. Table 5 below provides a summary of the increases.

Table 5: Non-Sheff Magnet Grants

sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $5.0 million for this purpose.

Section 11 also increases the per pupil grants for the Edison magnet school, located in Meriden. The bill increases the grant to $8,180 for all students attending the school. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $2.2 million for this purpose.

Vocational Agriculture Centers:

Section 12 prohibits local and regional boards of education operating vocational agriculture centers from using any increase in state funding to supplant local education funding. This precludes those municipalities from saving any potential funds that the state increase may have offset. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $2.9 million to increase the per pupil base entitlement from $1,355 to $2,000.

Section 13 establishes a competitive grant program to increase overall enrollment, and enrollment by students from priority school districts, at vocational agriculture centers. The bill specifies that SDE implement this provision within available appropriations. However, if this section were to be implemented it would result in an additional cost to SDE ranging from $500,000 to $1.0 million. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, did not include funding for this purpose.

Section 14 implements the transfer of Institutional Student Aid ($882,000) from the Department of Mental Health and Addiction Services to SDE. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, included this transfer.

Section 15 establishes a new “Attract the Best” teacher program. This would result in an additional cost ranging from $500,000 to $1.0 million to the Office of Financial and Academic Affairs for Higher Education. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, did not include funding for this purpose.

Section 16 makes a number of changes to low performing schools, including:

● Proposed changes to the school accountability law and the creation of a school performance index (SPI), which does not result in a fiscal impact.

● A transition plan to switch from the current accountability plan to the new statewide management and support plan, which does not result in a fiscal impact.

● Imposing certain requirements on category three schools, which could result in an additional significant cost to local and regional boards of education that have category three schools.

● Imposing certain requirements on category four and five schools, which could result in an additional significant cost to local and regional boards of education that have category four and five schools.

● Proposed changes to reconstituted school boards, which does not result in a fiscal impact.

Currently, SDE uses approximately $4.0 million of the federal Title I, school improvement, Part A funding for schools that are identified as in need of improvement. It is anticipated these funds will be used to support the initiatives described above for category 3, 4 and 5 schools. Additionally, $1.8 million of School Accountability funds will also be used for this purpose. Going forward, SDE will require that certain schools set aside up to 20% of their Title I funds to target areas of need.

Commissioner’s Network:

Section 17 requires the education commissioner to establish a commissioner's network plan for ten low-performing schools. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $7.0 million for this purpose. The bill requires the plan to include a number of different variables that could impact student achievement. The plan must be implemented for the school year commencing July 1, 2012.

Section 18 requires the commissioner to annually establish a family resource center or a school-based health clinic in a category four or five school, located in an alliance district, not to exceed 20 across all districts. Each additional family resource center is anticipated to cost an additional $97,000 annually, and each school based health center is anticipated to cost an additional $123,803 annually. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $1.94 million in SDE for new family resource centers. The budget bill also includes $1.8 million in the Department of Public Health for competitive grants for up to 20 new school based health centers to be located in the districts.

Section 19 requires SDE to develop a plan to encourage exemplary teachers and administrators to work in the state's lowest performing schools. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $4.0 million for purposes of professional development, recruitment of quality teachers, and talent development for teachers and administrators.

Sections 20 - 25 make conforming and technical changes that are not anticipated to result in a fiscal impact.

New Grant Programs:

Section 26 establishes a grant program to help students with college applications. This is anticipated to result in a cost to SDE of approximately $500,000. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $500,000 for this purpose.

Section 27 establishes a pilot grant program for a local or regional board of education operating an innovation school to help the state meet the desegregation goals of the 2008 Sheff v. O'Neill court order. In addition to providing per-pupil and operating grants, the innovation schools may also qualify for bonus school construction money.

It is anticipated that there would be two eligible programs that would qualify for this funding in FY 13. Funding for the two new schools would come from the Sheff appropriation and the Open Choice appropriation. It is anticipated that additional funding of up to $4.0 million would be required in the Sheff account to fully fund the development of the two new programs. The funds would be used for (1) adding a full-time middle school language arts program, estimated to cost approximately $2.0 million and (2) adding an early childhood reading lab and Science, Technology, Engineering and Mathematics (STEM) elementary program, estimated to cost approximately $5.0 million. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, included $3.0 million in new Sheff dollars. An additional $4.0 million would be required to fully fund the innovation schools.

Section 28 establishes a program to provide grants to support school districts in developing plans to implement significant cost savings, while maintaining or improving educational quality. The grants must be used for technical assistance or regional cooperation. This is anticipated to result in a significant cost to SDE. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $300,000 for this purpose.

Open Choice:

Section 29 increases the out-of-district student grant for the Open Choice program. Districts with more than 4,000 students that have increased their Open Choice enrollment by at least 50% on October 1, 2012, will qualify for a state grant of $6,000 per out-of-district student. It is anticipated that only Hartford would qualify for any additional funding in FY 13 and the additional funding for the seats would be covered in the original FY 13 Open Choice appropriation of $22.1 million.

Section 30 requires SDE to establish a Connecticut School Leadership Academy. This will result in a cost of approximately $750,000 to SDE and a minimal cost to local and regional school districts associated with tuition fees that SDE may charge participants.

It is estimated that $410,000 would be required to establish a leadership academy for aspiring principals and approximately $310,000 for current principals. This funding includes stakeholder engagement and current state analysis, curriculum design, implementation, and evaluation and support.⁴ sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, did not include funding for this purpose.

Section 31 allows SDE to reward exemplary schools. It is anticipated that SDE will use existing funding in the School Accountability account to reward schools, and no additional funding is required.

Section 32 requires SDE, rather than the early childhood system, to develop a quality rating and improvement system. sSB 25, the revised FY 13 bond package, as favorably reported by the Finance, Revenue and Bonding Committee, included $6.0 million for this purpose, $3.0 million for a vendor to design and rollout a federated data system, $2.0 million to redesign the data currently collected by various state agencies, and $1.0 million for implementation, including training for parents.

Section 33 requires the education commissioner to create 1,000 new school readiness slots. Each school readiness slot costs the state $8,346, for a total of $8.3 million. Of the total 1,000 new slots, 600 must be located in the 10 educational reform districts and 400 must be located in the competitive school districts. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $8.0 million for this purpose; $7.0 million in the priority school district account, to fund approximately 875 slots and $1.0 million in the Early Childhood Program account, to fund approximately 125 slots in the competitive districts⁵.

Section 34 extends, through FY 12, the Big Picture Magnet School's exemption from statutory student diversity requirements for interdistrict magnet schools. This exemption allows the school to continue to receive a state magnet school operating grant in FY 12. There are currently 105 students attending the school, which receives a state magnet grant of $542,530. This cost is included in the original FY 13 appropriation of $235.4 million, no additional funding is required.

Section 35 makes technical changes to the reporting requirements of local or regional boards of education to post information about school choice programs on its website. It is anticipated this will result in no fiscal impact to local and regional boards of education as they routinely perform these functions.

Technical High School System:

Section 36 - 54 makes various changes to the technical high school system, which does not result in a fiscal impact.

Teacher Certification, Promotion, Tenure, and Termination:

Section 55 allows local and regional boards of education additional flexibility to appoint school superintendents who are not state certified; this does not result in a fiscal impact.

Section 56 expands the grounds for teacher termination to include ineffectiveness as well as for inefficiency or incompetence. The bill also makes changes to streamline the teacher termination process and timeline. This change is anticipated to result in an additional cost to municipalities as well as the technical high school system, since additional hearings could be held throughout the year. It is anticipated that the average cost of completing the dismissal process with a tenured teacher is approximately $100,000.⁶

Section 57, which is not anticipated to result in a fiscal impact, directs the education commissioner to consult with the Performance Evaluation Advisory Council (PEAC) to develop a plan for linking teacher and administrator evaluation with attaining and maintaining tenure.

Section 58 makes various changes to teacher evaluation requirements and the requirements for guidelines for a model teacher evaluation program. These changes include periodic training on the program for teachers being evaluated and administrators performing evaluations, professional development, and validation procedures for SDE or an SDE-approved third party to audit ratings of below standard or exemplary for any teacher or administrator. It is anticipated this will result in minimal costs to local and regional boards of education as professional development and periodic training are routinely performed activities. It is anticipated that this would result in a cost of up to $2.5 million for SDE. The cost includes piloting the evaluation system on 13-14 districts as well as: in-person courses, online materials, coach support and a qualification assessment, practice materials, and suggested district activities.⁷ sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $4.0 million for talent development, to cover activities such as evaluation, but no specific funding was earmarked for the pilot program.

Section 59 requires UConn's Neag School of Education to study the implementation of teacher and administrator evaluation and support programs adopted by local and regional boards of education. It is anticipated it will cost UConn's Neag School $200,000 to perform this study, including: salaries and fringes for two postdoctoral fellows, travel expenses and transcription of interviews.

Sections 60 - 62 and 65 - 77 make a number of changes to Connecticut's teacher and school administrator certification system, including:

● Extending the duration of an initial certificate from three to eight years and allows provisions for SBE to renew or extend an initial certification.

● Requiring the applicant for a professional certificate to hold a master's degree and makes changes regarding the 3-year teaching period prior to applying for a professional certificate.

● Eliminating the 90 continuing education units (CEUs) in a 5-year period required for certificate renewal. The bill instead requires all certified employees to “participate” in professional development programs.

● Easing the process for out-of-state teachers to obtain Connecticut teaching certificates.

● Changes to the current program design for continuing education credit.

● Eliminate various professional development requirements for specific certificate holders.

There is no anticipated fiscal impact to SDE for these changes. There is a minimal fiscal impact for local and regional boards of education to redesign their CEU programs. Current law requires school districts to make available for continuing education credit at least 18 hours of professional development for certified employees at no cost. The bill does not alter that requirement.

The bill reduces the fee for a professional certificate from $375 to $200. This will result in a revenue loss to SDE. During calendar year 2011 approximately 8,413 professional certificates were issued. Based on the 2011 data, in the aggregate, this will result in a loss of revenue of approximately $1.5 million over a five-year period beginning in FY 13.

Section 63 establishes a new distinguished educator designation. The SBE must renew the designation every 5 years. The bill establishes a fee of $200 for a distinguished educator designation and $50 for a duplicate copy of the designation. The commissioner may waive this due to extenuating circumstances. It is anticipated that this will result in a revenue gain to SDE, beginning no sooner than FY 17. The amount is unknown although is expected to be less than $200,000.

Section 64 authorizes local and regional boards of education to negotiate over new salary schedules that align compensation for teachers holding initial or professional teaching certificates and additional compensation for teachers holding the distinguished educator designation who are performing additional responsibilities associated with the designation. It is anticipated this will have no immediate fiscal impact on local and regional boards of education as negotiations may be conducted under standard bargaining conditions or the statutory provision regarding voluntary contract reopening.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, number of grant recipients, expansion of pilot programs, available federal funding, and level of appropriated funding.

Sources: State Department of Education; State of Rhode Island (chart of accounts model); New York Leadership Academy; Connecticut Association of Boards of Education ;State of Illinois (teacher evaluation);

Appendix A: Estimated Minimum Budget Requirements ($)