Connecticut Seal

General Assembly

File No. 269

    February Session, 2018

Substitute Senate Bill No. 183

Senate, April 5, 2018

The Committee on Education reported through SEN. SLOSSBERG of the 14th Dist. and SEN. BOUCHER of the 26th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF EDUCATION.

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

Section 1. Subdivision (1) of subsection (d) of section 10-264l of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(d) (1) Grants made pursuant to this section, except those made pursuant to subdivision (7) of subsection (c) of this section and subdivision (2) of this subsection, shall be paid as follows: Seventy per cent not later than September first and the balance not later than 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] January thirty-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. Notwithstanding the provisions of this section to the contrary, grants made pursuant to this section may be paid to each interdistrict magnet school operator as an aggregate total of the amount that the interdistrict magnet schools operated by each such operator are eligible to receive under this section. Each interdistrict magnet school operator may distribute such aggregate grant among the interdistrict magnet school programs that such operator is operating pursuant to a distribution plan approved by the Commissioner of Education.

Sec. 2. Subdivision (10) of subsection (c) of section 10-264l of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(10) 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] the total grant paid to an interdistrict magnet school operator pursuant to this section exceed the aggregate total of the reasonable operating [budget] budgets of the interdistrict magnet school [program] programs of such operator, less revenues from other sources.

Sec. 3. 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 July 1, 2018):

(a) (1) (A) A local or regional board of education, (B) a regional educational service center, (C) the Board of Trustees of the Community-Technical Colleges on behalf of Quinebaug Valley Community College and Three Rivers Community College, (D) a cooperative arrangement pursuant to section 10-158a, or (E) 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 extended, or the goals of the 2013 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as extended] its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the Commissioner of Education, (i) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (ii) the Board of Trustees of the Connecticut State University System on behalf of a state university, (iii) the Board of Trustees for The University of Connecticut on behalf of the university, (iv) the board of governors for an independent institution of higher education, as defined in subsection (a) of section 10a-173, or the equivalent of such a board, on behalf of the independent institution of higher education, and (v) any other third-party not-for-profit corporation approved by the commissioner which transports a child to an interdistrict magnet school program, as defined in section 10-264l, in a town other than the town in which the child resides shall be eligible pursuant to section 10-264e to receive a grant for the cost of transporting such child in accordance with this section.

(2) Except as provided in subdivisions (3) and (4) of this subsection, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by one thousand three hundred dollars.

(3) For districts assisting 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] its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner, (A) for the fiscal year ending June 30, 2010, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by one thousand four hundred dollars, and (B) for the fiscal years ending June 30, 2011, to June 30, [2017] 2019, inclusive, the amount of such grant shall not exceed an amount equal to the number of such children transported multiplied by two thousand dollars.

(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] 2018, 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] its obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any related stipulation or order in effect, as determined by the commissioner. 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; and for the fiscal year ending June 30, 2018, up to seventy per cent of the grant on or before June 30, 2018, and the balance on or before May 30, 2019, upon completion of the comprehensive financial review.

(5) The Department of Education shall provide such grants within available appropriations. Nothing in this subsection shall be construed to prevent a local or regional board of education, regional educational service center or cooperative arrangement from receiving reimbursement under section 10-266m for reasonable transportation expenses for which such board, service center or cooperative arrangement is not reimbursed pursuant to this section.

Sec. 4. Section 10-236b of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) For purposes of this section:

(1) "Life-threatening physical restraint" means any physical restraint or hold of a person that (A) restricts the flow of air into a person's lungs, whether by chest compression or any other means, or (B) immobilizes or reduces the free movement of a person's arms, legs or head while the person is in the prone position;

(2) "Psychopharmacologic agent" means any medication that affects the central nervous system, influencing thinking, emotion or behavior;

(3) "Physical restraint" means any mechanical or personal restriction that immobilizes or reduces the free movement of a person's arms, legs or head, including, but not limited to, carrying or forcibly moving a person from one location to another. The term does not include: (A) Briefly holding a person in order to calm or comfort the person; (B) restraint involving the minimum contact necessary to safely escort a person from one area to another; (C) medical devices, including, but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; (D) helmets or other protective gear used to protect a person from injuries due to a fall; [or] (E) helmets, mitts and similar devices used to prevent self-injury when the device is (i) part of a documented treatment plan or individualized education program pursuant to section 10-76d, or (ii) prescribed or recommended by a medical professional, as defined in section 38a-976, and is the least restrictive means available to prevent such self-injury; or (F) an exclusionary time out;

(4) "School employee" [shall have] has the same meaning as provided in subsection (b) of section 10-221o;

(5) "Seclusion" means the involuntary confinement of a student in a room [, whether alone or with supervision, in a manner that prevents the student from leaving; and] from which the student is physically prevented from leaving. "Seclusion" does not include an exclusionary time out;

(6) "Student" means a child (A) enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of a local or regional board of education, (B) receiving special education and related services in an institution or facility operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d, (C) enrolled in a program or school administered by a regional education service center established pursuant to section 10-66a, or (D) receiving special education and related services from an approved private special education program, but shall not include any child receiving educational services from (i) Unified School District #2, established pursuant to section 17a-37, or (ii) the Department of Mental Health and Addiction Services; and

(7) "Exclusionary time out" means a temporary, continuously monitored separation of a student from an ongoing activity in a non-locked setting, for the purpose of calming such student or deescalating such student's behavior.

(b) No school employee shall use a physical restraint on a student except as an emergency intervention to prevent immediate or imminent injury to the student or to others, provided the restraint is not used for discipline or convenience and is not used as a substitute for a less restrictive alternative.

(c) No school employee shall use a life-threatening physical restraint on a student. This section shall not be construed as limiting any defense to criminal prosecution for the use of deadly physical force that may be available under sections 53a-18 to 53a-22, inclusive.

(d) (1) No school employee shall place a student in seclusion except as an emergency intervention to prevent immediate or imminent injury to the student or to others, provided the seclusion is not used for discipline or convenience and is not used as a substitute for a less restrictive alternative. (2) No student shall be placed in seclusion unless [(1)] (A) such student is monitored by a school employee during the period of such student's seclusion pursuant to subsection (m) of this section, and [(2)] (B) the area in which such student is secluded is equipped with a window or other fixture allowing such student a clear line of sight beyond the area of seclusion. (3) Seclusion shall not be utilized as a planned intervention in a student's treatment or educational plan.

(e) No school employee may use a psychopharmacologic agent on a student without that student's consent except (1) as an emergency intervention to prevent immediate or imminent injury to the student or to others, or (2) as an integral part of the student's established medical or behavioral support or educational plan, as developed consistent with section 17a-543 or, if no such plan has been developed, as part of a licensed practitioner's initial orders. The use of psychopharmacologic agents, alone or in combination, may be used only in doses that are therapeutically appropriate and not as a substitute for other appropriate treatment.

(f) If any instance of physical restraint or seclusion of a student otherwise permissible under subsection (b) or (d) of this section exceeds fifteen minutes, (1) an administrator, as defined in section 10-144e, or such administrator's designee, (2) a school health or mental health personnel, as defined in subsection (a) of section 10-212b, or (3) a board certified behavioral analyst, who has received training in the use of physical restraint and seclusion pursuant to subsection (o) of this section, shall determine whether continued physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others. Upon a determination that such continued physical restraint or seclusion is necessary, such individual shall make a new determination every thirty minutes thereafter regarding whether such physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others.

(g) In the event that physical restraint or seclusion is used on a student four or more times within twenty school days:

(1) An administrator, one or more of such student's teachers, a parent or guardian of such student and, if any, a mental health professional, as defined in section 10-76t, shall convene for the purpose of (A) conducting or revising a behavioral assessment of the student, (B) creating or revising any applicable behavioral intervention plan, and (C) determining whether such student may require special education pursuant to section 10-76ff; or

(2) If such student is a child requiring special education, as described in subparagraph (A) of subdivision (5) of section 10-76a, or a child being evaluated for eligibility for special education pursuant to section 10-76d and awaiting a determination, such student's planning and placement team shall convene for the purpose of (A) conducting or revising a behavioral assessment of the student, and (B) creating or revising any applicable behavioral intervention plan, including, but not limited to, such student's individualized education plan.

(h) Each local or regional board of education shall notify a parent or guardian of a student who is placed in physical restraint or seclusion not later than twenty-four hours after the student was placed in physical restraint or seclusion and shall make a reasonable effort to provide such notification immediately after such physical restraint or seclusion is initiated.

(i) No school employee shall use a physical restraint on a student or place a student in seclusion unless such school employee has received training on the proper means for performing such physical restraint or seclusion pursuant to subsection (o) of this section.

(j) (1) On and after July 1, 2016, each local or regional board of education, and each institution or facility operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d that provides special education for children, including any approved private special education program, shall (A) record each instance of the use of physical restraint or seclusion on a student, (B) specify whether the use of seclusion was in accordance with an individualized education program, (C) specify the nature of the emergency that necessitated the use of such physical restraint or seclusion, and (D) include such information in an annual compilation on its use of such restraint and seclusion on students. Each local or regional board of education and such institutions or facilities operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d that provides special education for children, including any approved private special education program shall provide such annual compilation to the Department of Education for the purposes of the pilot program established pursuant to subdivision (2) of this subsection to examine incidents of physical restraint and seclusion in schools and to the State Board of Education for the purposes of subsection (k) of this section. Local or regional boards of education and such institutions and facilities that provide special education for children shall not be required to report instances of in-school suspensions, as defined in subsection (c) of section 10-233a.

(2) The Department of Education shall establish a pilot program for the school year commencing July 1, 2015. Such pilot program shall be implemented in various districts, including, but not limited to, an alliance district, a regional school district and a regional education service center. Under the pilot program, the Department of Education shall examine incidents of physical restraint and seclusion in schools and shall compile and analyze data regarding such incidents to enable the department to better understand and respond to incidents of physical restraint and seclusion on students in the state.

(k) The State Board of Education shall review the annual compilation of each local or regional board of education, and each institution or facility operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d that provides special education for children, including any approved private special education program, and shall produce an annual summary report specifying (1) the frequency of use of physical restraint or seclusion on students, (2) whether any student subjected to such restraint or seclusion was a special education student, and (3) if any such student was a special education student, whether the use of such seclusion was in accordance with an individualized education program or whether the use of such seclusion was an emergency intervention to prevent immediate or imminent injury to the student or to others. Such report shall be submitted not later than January 15, 2017, and annually thereafter, to the joint standing committees of the General Assembly having cognizance of matters relating to children and education for inclusion in the annual report card prepared pursuant to section 2-53m.

(l) Any use of physical restraint or seclusion on a student shall be documented in the student's educational record. The documentation shall include (1) the nature of the emergency and what other steps, including attempts at verbal deescalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise, and (2) a detailed description of the nature of the restraint or seclusion, the duration of such restraint or seclusion and the effect of such restraint or seclusion on the student's established educational plan.

(m) Any student who is physically restrained shall be continually monitored by a school employee. Any student who is involuntarily placed in seclusion shall be frequently monitored by a school employee. Each student so restrained or in seclusion shall be regularly evaluated by a school employee for indications of physical distress. The school employee conducting the evaluation shall enter each evaluation in the student's educational record. For purposes of this subsection, "monitor" means (1) direct observation, or (2) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed.

(n) If the use of such restraint or seclusion results in physical injury to the student, the local or regional board of education, and each institution or facility operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d that provides special education for children, including any approved private special education program, shall report the incident to the State Board of Education, which shall include such incident in the report required pursuant to subsection (k) of this section. The State Board of Education shall report any incidence of serious injury or death to the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system, as required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15041, et seq., as amended from time to time, and any regulations promulgated thereunder, and as required by the Protection and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended from time to time, and any regulations promulgated thereunder, and, if appropriate, to the Child Advocate of the Office of the Child Advocate.

(o) (1) Each local or regional board of education shall provide training regarding the physical restraint and seclusion of students to the members of the crisis intervention team for each school in the district, identified pursuant to subdivision (2) of this subsection. A local or regional board of education may provide such training to any teacher, as defined in section 10-144d, administrator, as defined in section 10-144e, school paraprofessional or other school employee, as defined in section 10-222d, designated by the school principal and who has direct contact with students. Such training shall be provided during the school year commencing July 1, 2017, and each school year thereafter, and shall include, but not be limited to:

(A) An overview of the relevant laws and regulations regarding the use of physical restraint and seclusion on students and the proper uses of physical restraint and seclusion. For the school year commencing July 1, 2017, and annually thereafter, such overview shall be provided by the Department of Education, in a manner and form as prescribed by the Commissioner of Education;

(B) The creation of a plan by which each local and regional board of education shall provide training regarding the prevention of incidents requiring physical restraint or seclusion of students. Such plan shall be implemented not later than July 1, 2018. The Department of Education may, within available appropriations, provide ongoing monitoring and support to local or regional boards of education regarding the formulation and implementation of the plan; and

(C) The creation of a plan by which each local or regional board of education shall provide training regarding the proper means of physical restraint or seclusion of a student, including, but not limited to, (i) various types of physical restraint and seclusion; (ii) the differences between life-threatening physical restraint and other varying levels of physical restraint; (iii) the differences between permissible physical restraint and pain compliance techniques; and (iv) monitoring methods to prevent harm to a student who is physically restrained or in seclusion. Such plan shall be implemented not later than July 1, 2018;

(2) For the school year commencing July 1, 2017, and each school year thereafter, each local and regional board of education shall require each school in the district to identify a crisis intervention team consisting of any teacher, as defined in section 10-144d, administrator, as defined in section 10-144e, school paraprofessional or other school employee, as defined in section 10-222d, designated by the school principal and who has direct contact with students. Such teams shall respond to any incident in which the use of physical restraint or seclusion may be necessary as an emergency intervention to prevent immediate or imminent injury to a student or to others. Each member of the crisis intervention team shall be recertified in the use of physical restraint and seclusion pursuant to subparagraph (C) of subdivision (1) of this subsection or chapter 814e on an annual basis. Each local and regional board of education shall maintain a list of the members of the crisis intervention team for each school.

(p) Each local or regional board of education shall develop policies and procedures that establish monitoring and internal reporting of the use of physical restraint and seclusion on students and shall make such policies and procedures available on such local or regional board of education's Internet web site and in such local or regional board of education's procedures manual.

(q) Nothing in this section shall be construed as limiting the justified use of physical force by a local, state or federal law enforcement official while in the performance of such official's duties.

(r) The State Board of Education shall adopt or revise regulations, in accordance with the provisions of chapter 54, concerning the use of physical restraint and seclusion pursuant to this section. Not later than sixty days after the adoption or revision of such regulations, each local or regional board of education shall update any applicable policies and procedures regarding the physical restraint and seclusion of students and shall make such updated policies and procedures available in a manner consistent with the provisions of subsection (p) of this section.

(s) Not later than July 1, 2018, each local or regional board of education shall establish a policy regarding the use of an exclusionary time out. Such policy shall include, but need not be limited to, a requirement that (1) exclusionary time outs are not to be used as a form of discipline, (2) at least one school employee remain with the student, or be immediately available to the student such that the student and school employee are able to communicate verbally, throughout the exclusionary time out, (3) the space used for an exclusionary time out is clean, safe, sanitary and appropriate for the purpose of calming such student or deescalating such student's behavior, (4) the exclusionary time out period terminate as soon as possible, and (5) if such student is a child requiring special education, as defined in section 10-76a, or a child being evaluated for special education, pursuant to section 10-76d, and awaiting a determination, and the interventions or strategies are unsuccessful in addressing such student's problematic behavior, such student's planning and placement team shall convene as soon as is practicable to determine alternative interventions or strategies.

Sec. 5. Subsection (i) of section 10-145b of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(i) (1) The State Board of Education may take one or more of the following actions, in accordance with the provisions of subdivision (2) of this subsection, against a person holding a certificate, permit or authorization based on conduct that occurred prior or subsequent to the issuance of such certificate, permit or authorization: (A) Revoke the holder's certificate, permit or authorization; (B) suspend the holder's certificate, permit or authorization; or (C) place the holder's certificate on probation, subject to conditions determined by the Commissioner of Education.

[(i) (1)] (2) The State Board of Education may [revoke any] take any of the actions described in subparagraphs (A) to (C), inclusive, of subdivision (1) of this subsection with respect to a holder's certificate, permit or authorization [or permit] issued pursuant to sections 10-144o to 10-149, inclusive, for any of the following reasons: (A) The holder of the certificate, permit or authorization [or permit] obtained such certificate, permit or 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, permit or authorization [or permit] was granted; (C) the holder is professionally unfit to perform the duties for which the certificate, permit or 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, permit or authorization [or permit] by the person would impair the standing of certificates, permits or authorizations [or permits] issued by the board; or (E) other due and sufficient cause. The State Board of Education [shall] may revoke any certificate, permit or 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 mastery 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)] (3) When the Commissioner of Education is notified, pursuant to section 10-149a or 17a-101i, that a person holding a certificate, permit or authorization [or permit] issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, has been convicted of (A) a capital felony, under the provisions of section 53a-54b in effect prior to April 25, 2012, (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 17a-101a, 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)] (4) The State Board of Education may deny an application for the initial issuance or renewal of a certificate, permit or authorization [or permit] for any of the following reasons: (A) The applicant seeks to obtain a certificate, permit or 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, permit or authorization [or permit] would impair the standing of certificates, permits or authorizations [or permits] issued by the board; or (C) other due and sufficient cause. Any applicant denied a certificate, permit or authorization [or permit] shall be notified in writing of the reasons for denial. Any applicant denied a certificate, permit or authorization [or permit] may request a review of such denial by the State Board of Education.

[(4)] (5) A person whose certificate, permit or authorization has been denied, revoked or suspended may not be employed in a public school during the period of denial, revocation or suspension. A person whose certificate, permit or authorization has been placed on probation may be employed in a public school during the period of probation in accordance with the terms of such probation.

(6) The State Board of Education may take any of the actions described in subparagraphs (A) to (C), inclusive, of subdivision (1) of this subsection, with respect to an applicant's or holder's certificate, permit or authorization a result of the applicant or holder having been subject to disciplinary action for any of the reasons described in subdivision (2) of this subsection by a duly authorized professional disciplinary agency of any state, a federal governmental agency, the District of Columbia, a United States possession or territory or a foreign jurisdiction. The State Board of Education may rely upon the findings and conclusions made by a duly authorized professional disciplinary agency of any state, a federal governmental agency, the District of Columbia, a United States possession or territory or foreign jurisdiction in taking such action.

[(5)] (7) 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.

(8) The State Board of Education may, pursuant to chapter 54, adopt or revise regulations relating to the procedure by which the State Board of Education may take any of the actions described in subparagraphs (A) to (C), inclusive, of subdivision (1) of this subsection.

Sec. 6. Subsection (f) of section 10-145d of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(f) An endorsement issued prior to July 1, [2013] 2018, 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] 2018, the endorsement shall be valid for grades [one] kindergarten 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 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 September 1, 2013, any (1) certified employee applying for a comprehensive special education endorsement, or (2) applicant for an initial, provisional or professional educator certificate and a comprehensive special education endorsement shall achieve a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009, or a comparable reading instruction examination with minimum standards that are equivalent to the examination approved by the State Board of Education on April 1, 2009.

Sec. 7. Section 10-148a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) For the school year commencing July 1, 2013, and each school year thereafter, each certified employee shall participate in a program of professional development. 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 in length, of which a preponderance is in a small group or individual instructional setting. Such program of professional development shall (1) be a comprehensive, sustained and intensive approach to improving teacher and administrator effectiveness in increasing student knowledge achievement, (2) focus on refining and improving various effective teaching methods that are shared between and among educators, (3) foster collective responsibility for improved student performance, and (4) be comprised of professional learning that (A) is aligned with rigorous state student academic achievement standards, (B) is conducted among educators at the school and facilitated by principals, coaches, mentors, distinguished educators, as described in section 10-145s, or other appropriate teachers, (C) occurs frequently on an individual basis or among groups of teachers in a job-embedded process of continuous improvement, and (D) includes a repository of best practices for teaching methods developed by educators within each school that is continuously available to such educators for comment and updating. Each program of professional development shall include professional development activities in accordance with the provisions of subsection (b) of this section.

(b) Local and regional boards of education shall offer professional development activities to certified employees as part of the plan developed pursuant to subsection (b) of section 10-220a or for any individual certified employee. Such professional development 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 professional development provider approved by the Commissioner of Education and shall be consistent with any goals identified by the certified employees and the local or regional board of education.

(c) On and after July 1, 2018, the professional development activities provided to any person who (1) holds an endorsement to teach elementary education grades one to six, inclusive, that is valid for grades kindergarten to six, inclusive, pursuant to subsection (f) of section 10-145d, as amended by this act, (2) has previously taught under such endorsement in grades one to six, inclusive, and (3) is in his or her first year of teaching kindergarten under such endorsement, shall focus on early childhood education instruction during such person's first year of teaching kindergarten.

Sec. 8. Subsection (c) of section 10-145f of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(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 three-year temporary 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 (A) has graduated from a teacher preparation program, as defined in section 10-10a, at a regionally accredited college or university outside of the state, [and regionally accredited] or an alternate route to certification program approved by the State Board of Education, and (B) meets the requirements for certification, [excluding] except successful completion of the [competency examination and subject matter assessment, (3)] testing requirements of this section, (2) 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) and (C) of subdivision (1) of subsection (c) of section 10-145b, and [(4)] (3) a person who (A) has successfully 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 two or more years during the ten years immediately preceding the date of application for the nonrenewable three-year temporary certificate, and (B) meets the requirements for certification, except successful completion of the testing requirements of this section. The nonrenewable three-year temporary certificate shall be valid for [one year] three years from the date it is issued. [, except the State Board of Education may extend a temporary certificate for an additional two years (A) in the certification endorsement area of bilingual education issued under this subsection to a person who is employed by a local or regional board of education and providing instruction as part of a program of bilingual instruction, as defined in section 10-17e, or (B) to a person described in subdivision (4) of this subsection.]

Sec. 9. Subsection (a) of section 10-145d of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) The State Board of Education shall, pursuant to chapter 54, adopt such regulations as may be necessary to carry out the provisions of sections 10-144o, 10-145a to 10-145d, inclusive, as amended by this act, 10-145f, as amended by this act, and 10-146b. Such regulations shall provide for (1) the establishment of an appeal panel to review any decision to deny the issuance of a certificate authorized under section 10-145b, as amended by this act; (2) the establishment of requirements for subject area endorsements; (3) the extension of the time to complete requirements for certificates under section 10-145b, as amended by this act; (4) the establishment of requirements for administrator and supervisor certificates; (5) the composition of, and the procedures to be utilized by, the assessment teams in implementing the beginning educator program; (6) procedures and criteria for issuing certificates to persons whose certificates have lapsed or persons with non-public-school or out-of-state teaching experience; (7) the criteria for defining a major course of study; (8) a requirement that on and after July 1, 1993, in order to be eligible to obtain an initial educator certificate with an elementary endorsement, each person be required to (A) complete a survey course in United States history comprised of not fewer than three semester hours, or its equivalent, or (B) achieve a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment; and (9) a requirement that on and after July 1, 2004, in order to be eligible to obtain an initial educator certificate with an early childhood nursery through grade three or an elementary endorsement, each person be required to complete a comprehensive reading instruction course comprised of not less than six semester hours, or its equivalent. Such regulations may provide for exceptions to accommodate specific certification endorsement areas.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2018

10-264l(d)(1)

Sec. 2

July 1, 2018

10-264l(c)(10)

Sec. 3

July 1, 2018

10-264i(a)

Sec. 4

July 1, 2018

10-236b

Sec. 5

July 1, 2018

10-145b(i)

Sec. 6

July 1, 2018

10-145d(f)

Sec. 7

July 1, 2018

10-148a

Sec. 8

July 1, 2018

10-145f(c)

Sec. 9

July 1, 2018

10-145d(a)

Statement of Legislative Commissioners:

In Section 3, the entire subsection was included for consistency of internal references, and in Section 4, Subsecs. (a)(7), (d) and (s) were rewritten for clarity.

ED

Joint Favorable Subst.

 

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:

Agency Affected

Fund-Effect

FY 18 $

FY 19 $

Education, Dept.

GF - Potential Cost

Up to 22.5 million

Up to 14.5 million

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill results in a potential cost to the State Department of Education (SDE) of up to $22.5 million in FY 18 and up to $14.5 million in FY 19 associated with extending the education commissioner's authority to award Sheff magnet school transportation grants and supplemental Sheff magnet school transportation grants. The costs are potential, as the grants must be made within available appropriations. PA 17-2 JSS, An Act Concerning the State Budget for the Biennium Ending June 30, 2019, included funds for Sheff transportation grants for both FY 18 and FY 19.

Section 3 of the bill extends the commissioner of education's authority to pay per pupil Sheff magnet school transportation grants, through FY 19. The per pupil transportation grant for Sheff schools is $2,000 per eligible student. The authority to provide these grants expires at the end of FY 18. This results in Sheff magnet school transportation payments of $8.5 million in FY 18 and FY 19. Absent the language, the $2,000 grant would not be awarded.

Additionally, Section 3 of the bill extends the Sheff magnet school supplemental transportation payment through FY 18, and requires that 70% of the total supplemental grant be paid on or before June 30, 2018, with the balance paid in FY 19. It is estimated that Sheff supplemental transportation costs total approximately $20 million in FY 18. This would result in a $14 million payment in FY 18, with the balance of $6 million due in FY 19.

Both the per pupil transportation and the supplemental transportation grants are paid within available appropriations, so if funds are not available SDE will either not pay the grant, or prorate the grant based on available funding, which is why the above costs are potential. PA 17-2 JSS, An Act Concerning the State Budget for the Biennium Ending June 30, 2019, included funds for Sheff transportation grants for both FY 18 and FY 19.

The bill makes various other changes that do not result in a fiscal impact, as they are procedural in nature, conforming, technical, or can be accomplished by using existing expertise at local and regional school districts or SDE.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to the number of per pupil Sheff transportation grants awarded and the amount of eligible supplemental Sheff transportation grants.

OLR Bill Analysis

sSB 183

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF EDUCATION.

SUMMARY

This bill makes changes in state education law related to (1) the use of seclusion in schools, (2) the State Board of Education's (SBE) authority to suspend or place on probation a teacher's credential, (3) various changes to teacher certification and subject area endorsements, and (4) magnet school grants.

EFFECTIVE DATE: July 1, 2018

4 — EXCLUSIONARY TIME OUT AS SEPARATE FROM SECLUSION

Existing law, unchanged by the bill, provides a number of limits and safeguards related to using restraints and seclusion in public schools (see BACKGROUND). The bill adds the term “exclusionary time out” to the law and makes it a separate category from seclusion. It defines exclusionary time out as “a temporary, continuously monitored separation of a student in a non-locked setting away from an ongoing activity for the purpose of calming or deescalating such student's behavior.” By law, seclusion is the involuntary confinement of a student in a room that the student is prevented from leaving. Under the bill, seclusion does not include exclusionary time out.

By law, seclusion can only be used as an emergency intervention to prevent immediate or imminent injury to the student or others, as long as it is not used (1) as discipline or for convenience and (2) instead of a less-restrictive alternative. The bill also bans seclusion as a planned intervention in a student's treatment or individual education plan.

The bill requires each local or regional board of education to establish, by July 1, 2018, a policy regarding the use of exclusionary time out. The local policies must include, at a minimum, requirements that:

5 — SBE'S AUTHORITY TO REVOKE, SUSPEND, OR PLACE A TEACHER'S CREDENTIAL ON PROBATION

The bill allows SBE to suspend a teacher's certificate, permit, or authorization (“credential”) or to place a teacher's credential on probation in certain discipline cases. Under current law, the SBE can only revoke a credential.

Current law prohibits a teacher whose credential has been revoked from working in a public school during the revocation. The bill also bans a person from employment in a public school if his or her credential has been denied or suspended. Under the bill, if SBE places a credential on probation, the teacher may continue in the profession under conditions the commissioner sets.

The bill allows SBE to place on probation or suspend a credential under the same conditions it may revoke a credential, which include if the teacher:

By law, unchanged by the bill, the commissioner must automatically revoke a teacher's credential upon notification of conviction of any crime from a specific statutory list (see BACKGROUND).

The bill allows SBE to consider and use disciplinary findings and conclusions from duly authorized agencies of another state, the federal government, the District of Columbia, a U.S. possession or territory, or a foreign jurisdiction when making decisions regarding a teacher in Connecticut.

The bill also permits SBE to adopt or revise regulations relating to SBE procedures for actions authorized in the bill.

6 & 7 — CHANGING TEACHER CERTIFICATION ENDORSEMENT FOR GRADES ONE THROUGH SIX

The bill makes existing and future teacher certification endorsement for grades one through six valid for kindergarten through grade six.

By law, teachers must annually participate in at least 18 hours of professional development. Under the bill, any teacher holding an endorsement for grades one through six who taught in those grades but begins teaching kindergarten must have professional development focused on early childhood education instruction during his or her first year teaching kindergarten.

8 — EXTENDS DURATION OF THE TEMPORARY NON-RENEWABLE CERTIFICATION

This section extends the temporary non-renewable certification from one to three years. Current law allows certain holders to renew their one-year temporary certification for two additional years. Current law also allows four different paths for a person to be granted a temporary certification. The bill reduces this to three paths by eliminating one of the two paths for out-of-state teachers.

Under current law, a teacher may receive the temporary one-year non-renewable certification if he or she meets one of the following sets of criteria:

Under current law, the additional two year extension is available for those (1) working in bilingual education and seeking a bilingual certification or (2) who taught under an appropriate certification in another state, territory, or possession for at least two years.  The bill eliminates the two year extension and instead allows anyone eligible for a temporary certification to get one for three years. It also specifically allows teachers hired by charter schools under the above-described conditions to get the certification.

The bill also replaces the other three one-year certification criteria with two three-year certification criteria, under which a teacher may get the temporary certification if he or she:

9 — FLEXIBILITY REGARDING READING AND HISTORY REQUIREMENTS IN ARC PROGRAM BY ALLOWING THE EQUIVALENT OF SEMESTER HOURS

By law, SBE must adopt teacher credential regulations. Current law requires regulations that state (1) for an initial education certificate with an elementary endorsement, an applicant must have completed at least three semester hours of a U.S. history survey course and (2) for an initial educator with an early childhood through grade three or an elementary endorsement, an applicant must have completed at least six semester hours of a comprehensive reading instruction course. The bill allows regulations to be adopted with the equivalent of the history and reading instruction courses to be substituted for these requirements.

1 & 2 — MAGNET SCHOOL ENROLLMENT DATA AND GRANTS

By law, the state makes magnet school per-student grants to magnet school operators twice a school year, with the second payment coming in May. The May payment is adjusted to reflect the actual number of students attending each magnet school as of October 1. The bill changes when the October 1 data is finalized from March 1 to January 31.

The bill specifies that (1) magnet school grants are paid to magnet school operators, rather than to magnet schools, and (2) the existing provision that limits a grant from exceeding the school's reasonable operating budget (less revenue from other sources), also applies, in aggregate, to the reasonable operating budgets of all of an operator's magnet schools.

3 — EXTENDING AUTHORIZATION FOR MAGNET SCHOOL TRANSPORTATION GRANTS AND SUPPLEMENTAL TRANSPORTATION GRANTS

The bill extends the education commissioner's authority to give (1) Sheff magnet school transportation grants through FY 19 and (2) supplemental Sheff magnet school transportation grants through FY 18. The authority to award each grant expired in law on June 30, 2017. It also makes conforming and technical changes.

BACKGROUND

Restraint and Seclusion

State law limits how long students can be kept in allowable physical restraints or seclusion and specifies the types of locations in which a student may be secluded. It also bars school employees from using physical restraints on students or placing students in seclusion unless the employees have been properly trained. School boards must develop policies and procedures to (1) provide this training and (2) establish monitoring and internal reporting on the use of physical restraints and seclusion.

By law, school boards must (1) notify parents and guardians no later than 24 hours after a child has been placed in physical restraint or in seclusion and (2) make a reasonable effort to notify them immediately after the start of the physical restraint or seclusion.

School boards must also take certain steps for students placed in physical restraint or seclusion four or more times in 20 school days.

Convictions Requiring Automatic Revocation of Educational Credentials

By law, an educator's certificate, permit, or authorization to teach in the public schools is considered revoked as soon as the education commissioner is notified that the educator was convicted of any of the following crimes: a capital felony; arson murder; any class A felony; a class B felony, except first-degree larceny, first- degree computer crime, or first-degree vendor fraud; any crime involving child abuse or neglect; risk of injury to a minor; deprivation of a person's civil rights by a person wearing a mask or hood; second-degree assault of an elderly, blind, disabled, pregnant, or mentally retarded person, with or without a firearm; second-, third-, or fourth-degree sexual assault; third-degree sexual assault with a firearm; third-degree promoting prostitution; substitution of children; third-degree burglary with a firearm; first-degree stalking; incest; obscenity as to minors; importing child pornography; criminal use of a firearm or electronic defense weapon; possession of a weapon on school grounds; or manufacture or sale of illegal drugs.

COMMITTEE ACTION

Education Committee

Joint Favorable Substitute

Yea

36

Nay

0

(03/19/2018)

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