Connecticut Seal

Substitute House Bill No. 6624

Public Act No. 13-122

AN ACT CONCERNING MINOR REVISIONS TO THE EDUCATION STATUTES.

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

Section 1. Subsection (d) of section 10-264l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(d) Grants made pursuant to this section, except those made pursuant to subdivision (6) of subsection (c) of this section, shall be paid as follows: Seventy per cent by September first and the balance by May first of each fiscal year. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment as of the preceding October first using the data of record as of the intervening March first, if the actual level of enrollment is lower than the projected enrollment stated in the approved grant application. The May first payment shall be further adjusted for the difference between the total grant received by the magnet school operator in the prior fiscal year and the revised total grant amount calculated for the prior fiscal year in cases where the aggregate financial audit submitted by the interdistrict magnet school operator pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department.

Sec. 2. Subsection (n) of section 10-264l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(n) (1) Each interdistrict magnet school operator shall annually file with the Commissioner of Education, at such time and in such manner as the commissioner prescribes, (A) a financial audit [in such form as prescribed by the commissioner] for each interdistrict magnet school operated by such operator, and (B) an aggregate financial audit for all of the interdistrict magnet schools operated by such operator.

(2) Annually, the commissioner shall randomly select one interdistrict magnet school operated by a regional educational service center to be subject to a comprehensive financial audit conducted by an auditor selected by the commissioner. The regional educational service center shall be responsible for all costs associated with the audit conducted pursuant to the provisions of this subdivision.

Sec. 3. Section 10-10b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

[The Department of Education shall require all school districts to include on each student's transcript such student's unique identifier or state-assigned student identifier. ] Each local and regional board of education shall include a student's state-assigned student identifier on all official student documents for each student under the jurisdiction of such board of education. For purposes of this section, "official student document" includes, but is not limited to, transcripts, report cards, attendance records, disciplinary reports and student withdrawal forms.

Sec. 4. Section 10a-55j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

[The Board of Regents for Higher Education shall require each] Each public institution of higher education and each independent institution of higher education that receives state funding [to] shall track the [unique identifiers or] state-assigned student identifiers, [which] that are assigned by the Department of Education to public school students, of all in-state students of such institution until such students graduate from or terminate enrollment at such institution.

Sec. 5. Section 42 of public act 12-189 is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding the provisions of section 15 of [this act] public act 12-189, grants-in-aid for capital start-up costs paid to the Capitol Region Education Council, in accordance with subdivision (1) of subsection [(f)] (e) of section 9 of [this act] public act 12-189, and used pursuant to said subdivision (1) shall not be subject to lien or repayment.

Sec. 6. Subsection (a) of section 10-235 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each board of education shall protect and save harmless any member of such board or any teacher or other employee thereof or any member of its supervisory or administrative staff, and the State Board of Education, the Board of Regents for Higher Education, the board of trustees of each state institution and each state agency which employs any teacher, and the managing board of any public school, as defined in section 10-183b, including the governing council of any charter school, shall protect and save harmless any member of such boards, or any teacher or other employee thereof or any member of its supervisory or administrative staff employed by it, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to or death of any person, or in accidental damage to or destruction of property, within or without the school building, or any other acts, including but not limited to infringement of any person's civil rights, resulting in any injury, which acts are not wanton, reckless or malicious, provided such teacher, member or employee, at the time of the acts resulting in such injury, damage or destruction, was acting in the discharge of his or her duties or within the scope of employment or under the direction of such board of education, the Board of Regents for Higher Education, board of trustees, state agency, department or managing board; provided that the provisions of this section shall not limit or otherwise affect application of section 4-165 concerning immunity from personal liability. For the purposes of this section, the terms "teacher" and "other employee" shall include (1) any person who is a cooperating teacher [, teacher mentor or assessor] pursuant to section 10-220a, (2) any student teacher doing practice teaching under the direction of a teacher employed by a local or regional board of education or by the State Board of Education or Board of Regents for Higher Education, (3) any student enrolled in a technical high school who is engaged in a supervised health-related field placement program which constitutes all or part of a course of instruction for credit by a technical high school, provided such health-related field placement program is part of the curriculum of such technical high school, and provided further such course is a requirement for graduation or professional licensure or certification, (4) any volunteer approved by a board of education to carry out a duty prescribed by said board and under the direction of a certificated staff member including any person, partnership, limited liability company or corporation providing students with community-based career education, (5) any volunteer approved by a board of education to carry out the duties of a school bus safety monitor as prescribed by said board, (6) any member of the faculty or staff or any student employed by The University of Connecticut Health Center or health services, (7) any student enrolled in a constituent unit of the state system of higher education who is engaged in a supervised program of field work or clinical practice which constitutes all or part of a course of instruction for credit by a constituent unit, provided such course of instruction is part of the curriculum of a constituent unit, and provided further such course (i) is a requirement for an academic degree or professional licensure or (ii) is offered by the constituent unit in partial fulfillment of its accreditation obligations, and (8) any student enrolled in a constituent unit of the state system of higher education who is acting in the capacity of a member of a student discipline committee established pursuant to section 4-188a.

Sec. 7. Subdivision (4) of subsection (a) of section 10-155cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) "Comprehensive professional development plan" means [(A) for the fiscal years ending June 30, 1991, and June 30, 1992, the professional development plan required and approved pursuant to subdivision (1) of subsection (b) of section 10-220a and the teacher evaluation program report required pursuant to subsection (b) of section 10-151b, or a comprehensive professional development plan required and approved pursuant to subdivision (2) of subsection (b) of section 10-220a and (B)] for the fiscal year ending June 30, 1993, and each fiscal year thereafter, the comprehensive local professional development plan [required and approved] developed pursuant to [said subdivision (2)] subsection (b) of section 10-220a.

Sec. 8. Subsection (h) of section 10-145d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(h) Any person who is a licensed marital and family therapist, pursuant to section 20-195c, and employed by a local or regional board of education as a marital and family therapist shall provide services to students, families and parents or guardians of students. Not later than [June 1, 2008] July 1, 2014, the State Board of Education shall, in accordance with the provisions of chapter 54, adopt regulations to implement the provisions of this subsection and provide standards for the certification of marital and family therapists employed by local or regional boards of education. Such regulations shall authorize marital and family therapists employed by a local or regional board of education to provide services to student, families and parents or guardians of students and include certification requirements to be met by (1) licensure as a marital and family therapist under section 20-195c, and (2) such other experience as the State Board of Education deems appropriate for the position of marital and family therapist in a school system.

Sec. 9. Section 10-151c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

Any records maintained or kept on file by any local or regional board of education or by the Department of Education as part of the state longitudinal data system, pursuant to section 10-10a, which are records of individual teacher performance and evaluation shall not be deemed to be public records and shall not be subject to the provisions of section 1-210, provided [that] any teacher may consent in writing to the release of such teacher's records by a local or regional board of education. Such consent shall be required for each request for a release of such records. Notwithstanding any provision of the general statutes, records maintained or kept on file by any local or regional board of education which are records of the personal misconduct of a teacher shall be deemed to be public records and shall be subject to disclosure pursuant to the provisions of subsection (a) of section 1-210. Disclosure of such records of a teacher's personal misconduct shall not require the consent of the teacher. For the purposes of this section, "teacher" includes each certified professional employee below the rank of superintendent employed by a board of education in a position requiring a certificate issued by the State Board of Education.

Sec. 10. Subsection (a) of section 10-95e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The State Board of Education shall establish a Vocational Education Extension Fund. Within said Vocational Education Extension Fund, there is established an account to be known as the "vocational education extension account". The Vocational Education Extension Fund may include other accounts separate and apart from the vocational education extension account. The vocational education extension account shall be used for the operation of preparatory and supplemental programs, including apprenticeship programs in accordance with subsection (b) of this section, and for the purchase of such materials and equipment required for use in the operation of said programs. All proceeds derived from the operation of said programs and revenue collected for rental or use of school facilities shall be credited to and become a part of the resources of said vocational education extension account, except as provided in subsection (b) of this section. All direct expenses incurred in the conduct of said programs shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against said vocational education extension account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in said vocational education extension account to be used for said program and for the acquisition, as provided by section 4b-21, alteration and repairs of real property for educational facilities for such programs, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided capital projects costing over one hundred thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee. The [State Board of Education] technical high school system board shall fix the tuition fees to be charged students for preparatory and supplemental programs including apprenticeship programs. [, provided the tuition fee to be charged for any single apprenticeship program or course shall not exceed one hundred dollars. ] Not less than half of the tuition fee charged for any apprenticeship program shall be paid by the employer.

Sec. 11. Subsection (f) of section 10-145d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) An endorsement issued prior to July 1, 2013, to teach elementary education grades one to six, inclusive, shall be valid for grades kindergarten to six, inclusive, and for such an endorsement issued on or after July 1, 2013, the endorsement shall be valid for grades one to six, inclusive, except such an endorsement issued between July 1, 2013, and July 1, 2017, to any student who was admitted to and successfully completes a teacher preparation program, as defined in section 10-10a, in the certification endorsement area of elementary education on or before [the start of the fall semester of 2012, and successfully completes such program] June 30, 2017, shall be valid for grades kindergarten to six, inclusive. An endorsement to teach comprehensive special education grades one to twelve, inclusive, shall be valid for grades kindergarten to twelve, inclusive, provided, on and after July 1, 2013, any certified employee with such comprehensive special education endorsement achieves a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009.

Sec. 12. (Effective from passage) (a) The Department of Education shall conduct a study of alternative school programs offered by local and regional boards of education. Such study shall include (1) an examination of alternative school programs, including, but not limited to, (A) enrollment and discharge criteria, including methods to obtain parental consent, (B) enrollment data by gender, race and ethnicity, (C) the curriculum offered, (D) the length of the school day and school year, (E) attendance rates, (F) truancy rates, (G) graduation rates, and (H) student academic performance, (2) an evaluation of each such alternative school program that measures the effectiveness of such alternative school program in meeting the needs of students enrolled in such alternative school program, and (3) a statement on the degree to which each such alternative school program complies with sections 10-15, 10-16 and 10-16b of the general statutes. Each local or regional board of education that offers an alternative school program shall provide the department all information relating to such alternative school program for purposes of such study. For purposes of this section, "alternative school program" includes, but is not limited to, (A) alternative school programs, pursuant to section 10-220 of the general statutes, (B) alternative educational opportunities, pursuant to sections 10-19m, 10-69 and 10-233d of the general statutes, (C) alternative programs, pursuant to sections 10-4p, 10-263c and 10-266q of the general statutes, (D) alternative schools, pursuant to section 10-94e of the general statutes, (E) alternative high schools, pursuant to sections 10-220d and 10-223h of the general statutes, and (F) alternative schools or programs operated by a local or regional boards of education in which struggling or at-risk students are educated separately from the students enrolled in the general education program provided by such boards of education.

(b) Not later than February 1, 2014, the Department of Education shall submit a report on the study of alternative school programs, conducted pursuant to 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. Such report shall include such study, and recommendations for legislation, including, but not limited to (1) a definition of alternative school programs, (2) enrollment requirements, (3) length of school day and school year, (4) curriculum requirements, (5) graduation requirements, and (6) continuous evaluation and oversight of alternative school programs.

Sec. 13. Section 10-151c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any records maintained or kept on file by the Department of Education or any local or regional board of education [which] that are records of teacher performance and evaluation shall not be deemed to be public records and shall not be subject to the provisions of section 1-210, provided that any teacher may consent in writing to the release of such teacher's records by the department or a board of education. Such consent shall be required for each request for a release of such records. Notwithstanding any provision of the general statutes, records maintained or kept on file by the Department of Education or any local or regional board of education [which] that are records of the personal misconduct of a teacher shall be deemed to be public records and shall be subject to disclosure pursuant to the provisions of subsection (a) of section 1-210. Disclosure of such records of a teacher's personal misconduct shall not require the consent of the teacher. For the purposes of this section, "teacher" includes each certified professional employee below the rank of superintendent employed by a board of education in a position requiring a certificate issued by the State Board of Education.

Sec. 14. Section 10-145p of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Department of Education shall review and approve proposals for alternate route to certification programs for school administrators. In order to be approved, a proposal shall provide that the alternative route to certification program (1) be provided by a public or independent institution of higher education, a local or regional board of education, a regional educational service center or a private, nonprofit teacher or administrator training organization approved by the State Board of Education; (2) accept only those participants who (A) hold a bachelor's degree from an institution of higher education accredited by the Board of Regents for Higher Education or State Board of Education or regionally accredited, (B) have at least forty school months teaching experience, of which at least ten school months are in a position requiring certification at a public school, in this state or another state, and (C) are recommended by the immediate supervisor or district administrator of such person on the basis of such person's performance; (3) require each participant to (A) complete a one-year residency that requires such person to serve (i) in a position requiring an intermediate administrator or supervisor endorsement, and (ii) in a full-time position for ten school months at a local or regional board of education in the state under the supervision of (I) a certified administrator, and (II) a supervisor from an institution or organization described in subdivision (1) of this subsection, or (B) have ten school months experience in a full-time position as an administrator in a public or nonpublic school in another state that is approved by the appropriate state board of education in such other state; and (4) meet such other criteria as the department requires.

(b) Notwithstanding the provisions of subsection (d) of section 10-145b, on and after July 1, 2010, the State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate in the certification endorsement area of administration and supervision, which shall be valid for three years, to any person who (1) successfully completed the alternate route to certification program for administrators and superintendents pursuant to this section, and (2) meets the requirements established in subsection (b) of section 10-145f.

(c) Notwithstanding any regulation adopted by the State Board of Education pursuant to section 10-145b, any person who successfully completed the alternate route to certification program for administrators pursuant to this section and was issued an initial educator certificate in the endorsement area of administration and supervision shall obtain a master's degree not later than five years after such person was issued such initial educator certificate. If such person does not obtain a master's degree in such time period, such person shall not be eligible for a professional educator certificate.

(d) Notwithstanding the provisions of subparagraph (B) of subdivision (2) of subsection (a) of this section, any entity described in subdivision (1) of subsection (a) of this section that administers an alternate route to certification program for school administrators, approved by the Department of Education under this section, shall permit any person who has provided service to a local or regional board of education in a supervisory or managerial role for at least forty school months and held a professional educator certificate for at least ten school months during such forty school months, to participate in such alternate route to certification program for school administrators, provided such person holds a bachelor's degree from an institution of higher education accredited by the Board of Regents for Higher Education or State Board of Education or regionally accredited and is recommended by the immediate supervisor or district administrator of such person on the basis of such person's performance.

Sec. 15. Section 84 of public act 13-3 is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the fiscal years ending June 30, 2013, to June 30, 2015, inclusive, the Departments of Emergency Services and Public Protection, Construction Services and Education shall jointly administer a school security infrastructure competitive grant program to reimburse towns for certain expenses for schools under the jurisdiction of the town's school district incurred on or after [the effective date of this section] January 1, 2013, for: (1) The development or improvement of the security infrastructure of schools, based on the results of school building security assessments pursuant to subsection (b) of this section, including, but not limited to, the installation of surveillance cameras, penetration resistant vestibules, ballistic glass, solid core doors, double door access, computer-controlled electronic locks, entry door buzzer systems, scan card systems, panic alarms or other systems; and (2) (A) the training of school personnel in the operation and maintenance of the security infrastructure of school buildings, or (B) the purchase of portable entrance security devices, including, but not limited to, metal detector wands and screening machines and related training.

(b) On and after the effective date of this section, each local and regional board of education may, on behalf of its town or its member towns, apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such board of education incurred on and after January 1, 2013, for the purposes described in subsection (a) of this section. Prior to the date that the School Safety Infrastructure Council makes its initial submission of the school safety infrastructure standards, pursuant to subsection (c) of section 80 of this act, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Construction Services and Education, shall determine which expenses are eligible for reimbursement under the program. On and after the date that the School Safety Infrastructure Council submits the school safety infrastructure standards, the decision to approve or deny an application and the determination of which expenses are eligible for reimbursement under the program shall be in accordance with the most recent submission of the school safety infrastructure standards, pursuant to subsection (c) of section 80 of this act.

(c) A town may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined as follows: (1) Each town shall be ranked in descending order from one to one hundred sixty-nine according to town wealth, as defined in subdivision (26) of section 10-262f of the general statutes, (2) based upon such ranking, a percentage of not less than twenty or more than eighty shall be assigned to each town on a continuous scale, and (3) the town ranked first shall be assigned a percentage of twenty and the town ranked last shall be assigned a percentage of eighty. If there are not sufficient funds to provide grants to all towns based on the percentage determined pursuant to this subsection, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Construction Services and Education, shall give priority to applicants on behalf of schools with the greatest need for security infrastructure, as determined by said commissioners based on school building security assessments of the schools under the jurisdiction of the town's school district conducted pursuant to this subsection. Of the applicants on behalf of such schools with the greatest need for security infrastructure, said commissioners shall give first priority to applicants on behalf of schools that have no security infrastructure at the time of such school building security assessment and succeeding priority to applicants on behalf of schools located in priority school districts pursuant to section 10-266p of the general statutes. To be eligible for reimbursement pursuant to this section, an applicant board of education shall (A) demonstrate that it has developed and periodically practices an emergency plan at the schools under its jurisdiction and that such plan has been developed in concert with applicable state or local first-responders, and (B) provide for a uniform assessment of the schools under its jurisdiction, including any security infrastructure, using the National Clearinghouse for Educational Facilities' Safe Schools Facilities Check List. The assessment shall be conducted under the supervision of the local law enforcement agency.

Sec. 16. Subsection (f) of section 10-145f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(f) 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 or service in the [subject] endorsement 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. 17. Subsection (i) of section 10-221a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(i) (1) A local or regional board of education may award a diploma to a veteran, as defined in section 27-103, of World War II or the Korean hostilities, as described in section 51-49h, who [left] withdrew from high school prior to graduation in order to serve in the armed forces of the United States and did not receive a diploma as a consequence of such service.

(2) A local or regional board of education may award a diploma to any person who (A) withdrew from high school prior to graduation to work in a job that assisted the war effort during World War II, December 7, 1941, to December 31, 1946, inclusive, (B) did not receive a diploma as a consequence of such work, and (C) has been a resident of the state for at least fifty consecutive years.

Approved June 18, 2013