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Senate Bill No. 185

Public Act No. 18-139

AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE EDUCATION AND EARLY CHILDHOOD STATUTES.

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

Section 1. Subdivision (4) of subsection (b) of section 10-16p of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) Any individual with an associate degree or a bachelor's degree in early childhood education or child development or an associate degree or a bachelor's degree and twelve credits or more in early childhood education or child development from an institution of higher education that is regionally accredited, other than an associate degree or a bachelor's degree with a concentration in early childhood education, may submit documentation concerning such degree for review and assessment by the office as to whether such degree has a sufficient concentration in early childhood education so as to satisfy the requirements set forth in subparagraphs (B) and (C) of subdivision (2) of this subsection.

Sec. 2. Subsection (b) of section 10-76pp of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) A local [and] or regional board of education and the Technical Education and Career System shall use the digital individualized education program form software when such software is provided by the department, except as otherwise provided in subsection (c) of this section.

Sec. 3. Subsection (a) of section 10-145t of the 2018 supplement to the general statutes, as amended by section 196 of public act 17-2 of the June special session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) For purposes of this section, "school support staff" means any person employed by a local or regional board of education as a behavior analyst or an assistant behavior analyst, as such terms are defined in section 20-185i, an athletic coach, as defined in section 10-149d, or a school paraprofessional.

Sec. 4. Subsection (a) of section 10-151d of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a Performance Evaluation Advisory Council within the Department of Education. Membership of the council shall consist of: (1) The Commissioner of Education and the president of the Connecticut State Colleges and Universities, or their designees, (2) one representative from each of the following associations, designated by the association, the Connecticut Association of Boards of Education, the Connecticut Association of Public School Superintendents, the Connecticut Federation of School Administrators, the Connecticut Education Association, the American Federation of Teachers-Connecticut, [and] the Connecticut Association of School Administrators and the Connecticut Association of Schools, and (3) persons selected by the Commissioner of Education who shall include, but need not be limited to, teachers, persons with expertise in performance evaluation processes and systems, and any other person the commissioner deems appropriate.

Sec. 5. Subsection (a) of section 10-220a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each local or regional board of education shall provide an in-service training program for its teachers, administrators and pupil personnel who hold the initial educator, provisional educator or professional educator certificate. Such program shall provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of alcohol and drugs, as defined in subdivision (17) of section 21a-240, [and alcohol] to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education that includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, violence, teen dating violence, domestic violence [,] and child abuse, (3) school violence prevention, conflict resolution, the prevention of and response to youth suicide and the identification and prevention of and response to bullying, as defined in subsection (a) of section 10-222d, except that those boards of education that implement any evidence-based model approach that is approved by the Department of Education and is consistent with subsection (c) of section 10-145a, sections 10-222d, 10-222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 of public act 08-160, shall not be required to provide in-service training on the identification and prevention of and response to bullying, (4) cardiopulmonary resuscitation and other emergency life saving procedures, (5) the requirements and obligations of a mandated reporter, and (6) the detection and recognition of, and evidence-based structured literacy interventions for, students with dyslexia, as defined in section 10-3d. Each local [and] or regional board of education may allow any paraprofessional or noncertified employee to participate, on a voluntary basis, in any in-service training program provided pursuant to this section.

Sec. 6. Subsection (a) of section 10-235 of the 2018 supplement to 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 pursuant to section 10-220a, teacher mentor or reviewer, (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 education and career 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 education and career school, provided such health-related field placement program is part of the curriculum of such technical education and career 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)] (A) is a requirement for an academic degree or professional licensure or [(ii)] (B) 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 (42) of section 10-262f of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(42) "Equalized net grand list adjustment factor" means (A) for the fiscal years prior to the fiscal year ending June 30, 2018, the ratio of the town's equalized net [grant] grand list per capita to one and one-half times the town equalized net grand list per capita of the town with the median equalized net grand list per capita, and (B) for the fiscal year ending June 30, 2018, and each fiscal year thereafter, the ratio of the town's equalized net [grant] grand list per capita to one and thirty-five-one-hundredths times the town equalized net grand list per capita of the town with the median equalized net grand list per capita.

Sec. 8. Subdivision (4) of subsection (a) of section 10-264i of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) In addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation grants to regional educational service centers for the purposes of transportation to interdistrict magnet schools. Any such grant shall be provided within available appropriations and after the commissioner has reviewed and approved the total interdistrict magnet school transportation budget for a regional educational service center, including all revenue and expenditure estimates. For the fiscal years ending June 30, 2013, to June 30, 2017, inclusive, in addition to the grants otherwise provided pursuant to this section, the Commissioner of Education may provide supplemental transportation to interdistrict magnet schools 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 extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended, and for transportation provided by EASTCONN to interdistrict magnet schools. Any such grant shall be provided within available appropriations and upon a comprehensive financial review, by an auditor selected by the Commissioner of Education, the costs of such review may be paid from funds that are part of the supplemental transportation grant. Any such grant shall be paid as follows: For the fiscal year ending June 30, 2013, up to fifty per cent of the grant on or before June 30, 2013, and the balance on or before September 1, 2013, upon completion of the comprehensive financial review; for the fiscal year ending June 30, 2014, up to fifty per cent of the grant on or before June 30, 2014, and the balance on or before September 1, 2014, upon completion of the comprehensive financial review; for the fiscal year ending June 30, 2015, up to fifty per cent of the grant on or before June 30, 2015, and the balance on or before September 1, 2015, upon completion of the comprehensive financial review; [and] for the fiscal year ending June 30, 2016, up to fifty per cent of the grant on or before June 30, 2016, and the balance on or before September 1, 2016, upon completion of the comprehensive financial review; and for the fiscal year ending June 30, 2017, up to seventy per cent of the grant on or before June 30, 2017, and the balance on or before May 30, 2018, upon completion of the comprehensive financial review.

Sec. 9. Subsection (g) of section 54-82q of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) If the protected witness is enrolled in a public or private elementary or secondary school, including a technical [high] education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the protected witness, send, by facsimile or other means, a copy of such temporary restraining order, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the protected witness is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the protected witness is enrolled, if the protected witness provides the clerk with the name and address of such school or institution of higher education.

Sec. 10. Subsection (a) of section 54-82r of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Upon application of a prosecutorial official, a court may issue a protective order prohibiting the harassment of a witness in a criminal case if the court, after a hearing at which hearsay evidence shall be admissible, finds by a preponderance of the evidence that harassment of an identified witness in a criminal case exists or that such order is necessary to prevent and restrain the commission of a violation of section 53a-151 or 53a-151a. Any adverse party named in the complaint has the right to present evidence and cross-examine witnesses at such hearing. Such order shall be an order of the court, and the clerk of the court shall cause a certified copy of such order to be sent to the witness, and a copy of such order, or the information contained in such order, to be sent by facsimile or other means within forty-eight hours of its issuance to the appropriate law enforcement agency. If the protected witness is enrolled in a public or private elementary or secondary school, including a technical [high] education and career school, or an institution of higher education, as defined in section 10a-55, the clerk of the court shall, upon the request of the protected witness, send, by facsimile or other means, a copy of such protective order, or the information contained in any such order, to such school or institution of higher education, the president of any institution of higher education at which the protected witness is enrolled and the special police force established pursuant to section 10a-142, if any, at the institution of higher education at which the protected witness is enrolled, if the protected witness provides the clerk with the name and address of such school or institution of higher education.

Sec. 11. Subsection (a) of section 10-95h of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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 Education and Career System board and the superintendent of the Technical Education and Career 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.

Approved June 11, 2018