CHAPTER 185

ADMINISTRATION OF STATE SYSTEM

Table of Contents

Sec. 10a-1a. Board of Regents for Higher Education.

Sec. 10a-6. *(See end of section for amended version of subsection (b) and effective date.) Duties of the Board of Regents for Higher Education. Policy goals. Access to information.

Secs. 10a-6a and 10a-6b. Higher Education Coordinating Council; duties. Accountability measures; reports.

Sec. 10a-8d. Board of Regents for Higher Education: Report re allocation of funds.

Sec. 10a-11b. Higher education strategic master plan. Planning Commission for Higher Education established. Members. Duties. Goals and benchmarks. Reports. Standing subcommittees and advisory committees.

Sec. 10a-11g. Fee-Free Day.

Sec. 10a-11h. Connecticut Automatic Admissions Program.

Sec. 10a-11i. Information on financial aid applications and personally identifiable information on admissions applications not subject to disclosure. Exceptions.

Sec. 10a-19d. Training for early childhood education teachers. Definition of training requirements and competencies for persons involved in early childhood education.

Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as private occupational school. Application. Evaluation. Hospital-based occupational school.

Sec. 10a-22d. (Formerly Sec. 10-7d). Authorization: Conditions for renewal, fees, probation, extension.

Sec. 10a-22f. (Formerly Sec. 10-7g). Revocation of certificate of authorization.

Sec. 10a-22h. (Formerly Sec. 10-7i). Distance learning program by an out-of-state private occupational school. Application and approval period.

Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private occupational school student protection account. Treatment of overpayments and underpayments.

Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition.

Sec. 10a-26a. Waiver of tuition and fees for College Connections program and other manufacturing programs.

Sec. 10a-34. (Formerly Sec. 10-330). Licensure or accreditation of programs of higher learning or institutions of higher education. Authority to confer degrees. Review of requests and applications. Appeal of denials.

Sec. 10a-34e. Review, inspection or investigation of applications for licensure or accreditation or violations. Teach-outs. Closure plans.

Sec. 10a-34h. Credential database.

Sec. 10a-34i. Credentials of value. Report re in-demand credentials.

Sec. 10a-35a. Authority over establishment of new academic programs.

Sec. 10a-44d. Connecticut Open Educational Resource Coordinating Council. Members. Duties. Reports.

Sec. 10a-55a. Uniform campus crime and safety incident reports. Emergency response plans.

Sec. 10a-55d. Definitions.

Sec. 10a-55f. Development of career ladders and lattices in green technology industry.

Sec. 10a-55g. Publication of career ladder in green technology industry.

Sec. 10a-55i. Higher Education Consolidation Committee.

Sec. 10a-55m. Sexual assault, stalking and intimate partner violence policies. Affirmative consent. Prevention and awareness programming and campaigns. Anonymous reporting and disclosure. Notification of victim's rights and options. Report.

Sec. 10a-55r. Council on Sexual Misconduct Climate Assessments. Membership. Duties.

Sec. 10a-55s. Sexual misconduct climate assessments.

Sec. 10a-55x. Campus mental health coalitions. Assessment of mental health services and programs.

Sec. 10a-55y. Campus mental health coalition training workshops.

Sec. 10a-55z. Memorandum of understanding for provision of mental health services.

Sec. 10a-55aa. Student mental health policies and procedures.

Sec. 10a-56. Student athlete compensation through an endorsement contract or employment. Representation. Policies and limitations.

Secs. 10a-57a to 10a-57c. Certificate programs: Definitions. Certificate programs: Submission, collection and compilation of data. Certificate programs: One-page fact sheet.

Sec. 10a-57e. Certificate programs: Student data review.

Sec. 10a-57g. Connecticut Preschool through Twenty and Workforce Information Network.


PART I

GENERAL PROVISIONS

Sec. 10a-1a. Board of Regents for Higher Education. (a) There shall be a Board of Regents for Higher Education that shall serve as the governing body for the regional community-technical college system, the Connecticut State University System and Charter Oak State College. The board shall consist of twenty-one members who shall be distinguished leaders of the community in Connecticut. The board shall reflect the state's geographic, racial and ethnic diversity. The voting members shall not be employed by or be a member of a board of trustees for any independent institution of higher education in this state or the Board of Trustees for The University of Connecticut nor shall they be public officials or state employees, as such terms are defined in section 1-79, during their term of membership on the Board of Regents for Higher Education. The Governor shall appoint nine members to the board as follows: Three members for a term of two years; three members for a term of four years; and three members for a term of six years. Thereafter, the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of six years from the first day of July in the year of his or her appointment. Four members of the board shall be appointed as follows: One appointment by the president pro tempore of the Senate, who shall be an alumnus of the regional community-technical college system, for a term of four years; one appointment by the minority leader of the Senate, who shall be a specialist in the education of children in grades kindergarten to twelve, inclusive, for a term of three years; one appointment by the speaker of the House of Representatives, who shall be an alumnus of the Connecticut State University System, for a term of four years; and one appointment by the minority leader of the House of Representatives, who shall be an alumnus of Charter Oak State College, for a term of three years. Thereafter, such members of the General Assembly shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The chairperson and vice-chairperson of the student advisory committee created under section 10a-3 shall serve as members of the board. The chairperson and vice-chairperson of the faculty advisory committee created under section 10a-3a shall serve as ex-officio, nonvoting members of the board for a term of two years and, in their respective roles as chairperson and vice-chairperson, may be invited to any executive session, as defined in section 1-200, of the board by the chairperson of the board. The Commissioners of Education, Economic and Community Development and Public Health, the Labor Commissioner and the Chief Workforce Officer shall serve as ex-officio, nonvoting members of the board.

(b) The initial members of the Board of Regents for Higher Education may begin service immediately upon appointment without regard to section 4-19, but shall not serve past the sixth Wednesday of the next regular session of the General Assembly unless qualified in the manner provided in said section. Thereafter, all appointments shall be made with the advice and consent of the General Assembly, in the manner provided in section 4-19. Any vacancy in the Board of Regents for Higher Education shall be filled in the manner provided in section 4-19.

(c) The Governor shall appoint the chairperson of the board, who shall serve for a term of three years. The board shall elect from its members a vice-chairperson and such other officers as it deems necessary. Vacancies among any officers shall be filled within thirty days following the occurrence of such vacancy in the same manner as the original selection. Said board shall establish policies and adopt bylaws to govern its procedures and shall appoint such committees and advisory boards as may be convenient or necessary in the transaction of its business.

(P.A. 11-48, S. 211; 11-61, S. 106, 136; P.A. 13-62, S. 1; P.A. 14-208, S. 1; P.A. 15-228, S. 1; June Sp. Sess. P.A. 15-5, S. 490; June Sp. Sess. P.A. 21-2, S. 241.)

History: P.A. 11-48 effective July 1, 2011; P.A. 11-61 amended Subsec. (a) to switch specialty of appointment by minority leader of the Senate with specialty of appointment by speaker of the House of Representatives and amended Subsec. (c) to replace requirement that board establish bylaws with requirement that board establish policies and adopt bylaws, effective July 1, 2011; P.A. 13-62 amended Subsec. (a) to add the chairperson of the faculty advisory committee as an ex-officio, nonvoting member of the board; P.A. 14-208 amended Subsec. (a) to replace “nineteen” with “twenty-one” re board members, add vice-chairperson of faculty advisory committee as an ex-officio, nonvoting member of the board and make technical changes, effective July 1, 2014; P.A. 15-228 amended Subsec. (a) to permit chairperson and vice-chairperson of the faculty advisory committee to be invited to executive session, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by replacing “employed by or be elected officials of any public agency, as defined in subdivision (1) of section 1-200” with “public officials or state employees, as such terms are defined in section 1-79”, effective June 30, 2015; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by adding Chief Workforce Officer as ex-officio, nonvoting member of Board of Regents for Higher Education and making a technical change, effective July 1, 2021.

Sec. 10a-6. *(See end of section for amended version of subsection (b) and effective date.) Duties of the Board of Regents for Higher Education. Policy goals. Access to information. (a) The Board of Regents for Higher Education shall: (1) Establish policies and guidelines for the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (2) develop a master plan for higher education and postsecondary education at the Connecticut State University System, the regional community-technical college system and Charter Oak State College consistent with the goals identified in section 10a-11c; (3) establish tuition and student fee policies for the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (4) monitor and evaluate the effectiveness and viability of the state universities, the regional community-technical colleges and Charter Oak State College in accordance with criteria established by the board; (5) merge or close institutions within the Connecticut State University System, the regional community-technical college system and Charter Oak State College in accordance with criteria established by the board, provided (A) such recommended merger or closing shall require a two-thirds vote of the board, and (B) notice of such recommended merger or closing shall be sent to the committee having cognizance over matters relating to education and to the General Assembly; (6) review and approve mission statements for the Connecticut State University System, the regional community-technical college system and Charter Oak State College and role and scope statements for the individual institutions and campuses of such constituent units; (7) review and approve any recommendations for the establishment of new academic programs submitted to the board by the state universities within the Connecticut State University System, the regional community-technical colleges and Charter Oak State College, and, in consultation with the affected constituent units, provide for the initiation, consolidation or termination of academic programs; (8) develop criteria to ensure acceptable quality in (A) programs at the Connecticut State University System, the regional community-technical college system and Charter Oak State College, and (B) institutions within the Connecticut State University System and the regional community-technical college system and enforce standards through licensing and accreditation; (9) prepare and present to the Governor and General Assembly, in accordance with section 10a-8, consolidated operating and capital expenditure budgets for the Connecticut State University System, the regional community-technical college system and Charter Oak State College developed in accordance with the provisions of said section 10a-8; (10) review and make recommendations on plans received from the Connecticut State University System, the regional community-technical college system and Charter Oak State College to implement the goals identified in section 10a-11c; (11) appoint advisory committees with representatives from public and independent institutions of higher education to study methods and proposals for coordinating efforts of the public institutions of higher education under its jurisdiction with The University of Connecticut and the independent institutions of higher education to implement the goals identified in section 10a-11c; (12) evaluate (A) means of implementing the goals identified in section 10a-11c, and (B) any recommendations made by the Planning Commission for Higher Education in implementing the strategic master plan pursuant to section 10a-11b through alternative and nontraditional approaches such as external degrees and credit by examination; (13) coordinate programs and services among the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (14) assess opportunities for collaboration with The University of Connecticut and the independent institutions of higher education to implement the goals identified in section 10a-11c; (15) make or enter into contracts, leases or other agreements in connection with its responsibilities under this part, provided all acquisitions of real estate by lease or otherwise shall be subject to the provisions of section 4b-23; (16) be responsible for the care and maintenance of permanent records of institutions of higher education dissolved after September 1, 1969; (17) prepare and present to the Governor and General Assembly legislative proposals affecting the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (18) develop and maintain a central higher education information system and establish definitions and data requirements for the Connecticut State University System, the regional community-technical college system and Charter Oak State College; (19) until June 30, 2024, report all new programs and program changes at the Connecticut State University System, the regional community-technical college system and Charter Oak State College to the Office of Higher Education; and (20) undertake such studies and other activities as will best serve the higher educational interests of the Connecticut State University System, the regional community-technical college system and Charter Oak State College.

*(b) Within the limits of authorized expenditures, the policies of the state system of higher education shall be consistent with (1) the following goals: (A) To ensure that no qualified person be denied the opportunity for higher education on the basis of age, sex, gender identity or expression, ethnic background or social, physical or economic condition, (B) to protect academic freedom, (C) to provide opportunities for education and training related to the economic, cultural and educational development of the state, (D) to assure the fullest possible use of available resources in public and private institutions of higher education, (E) to maintain standards of quality ensuring a position of national leadership for state institutions of higher education, (F) to apply the resources of higher education to the problems of society, and (G) to foster flexibility in the policies and institutions of higher education to enable the system to respond to changes in the economy, society, technology and student interests; and (2) the goals for higher education in the state identified in section 10a-11c. Said board shall review recent studies of the need for higher education services, with special attention to those completed pursuant to legislative action, and to meet such needs shall initiate additional programs or services through one or more of the constituent units.

(c) Repealed by P.A. 83-533, S. 53, 54.

(d) The board of regents shall request and receive, or be provided electronic access to, data, reports and other information from the public institutions of higher education under its jurisdiction that are necessary for the board to carry out its responsibilities pursuant to this section.

(P.A. 77-573, S. 6, 30; P.A. 79-418; P.A. 82-218, S. 6, 46; P.A. 83-533, S. 53, 54; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 1, 16; 91-230, S. 10, 17; 91-256, S. 10, 69; P.A. 92-126, S. 5, 48; 92-154, S. 9, 23; P.A. 99-285, S. 3, 12; P.A. 04-257, S. 13; P.A. 11-48, S. 285; 11-55, S. 10; 11-70, S. 4; P.A. 12-129, S. 7; P.A. 13-118, S. 4; 13-247, S. 184; P.A. 14-117, S. 3; P.A. 15-75, S. 3; June Sp. Sess. P.A. 21-2, S. 268.)

*Note: On and after January 1, 2023, subsection (b) of this section, as amended by section 25 of public act 21-32, is to read as follows:

“(b) Within the limits of authorized expenditures, the policies of the state system of higher education shall be consistent with (1) the following goals: (A) To ensure that no qualified person be denied the opportunity for higher education on the basis of age, sex, gender identity or expression, ethnic background or social, physical or economic condition, or erased criminal history record information, as defined in section 46a-80a, (B) to protect academic freedom, (C) to provide opportunities for education and training related to the economic, cultural and educational development of the state, (D) to assure the fullest possible use of available resources in public and private institutions of higher education, (E) to maintain standards of quality ensuring a position of national leadership for state institutions of higher education, (F) to apply the resources of higher education to the problems of society, and (G) to foster flexibility in the policies and institutions of higher education to enable the system to respond to changes in the economy, society, technology and student interests; and (2) the goals for higher education in the state identified in section 10a-11c. Said board shall review recent studies of the need for higher education services, with special attention to those completed pursuant to legislative action, and to meet such needs shall initiate additional programs or services through one or more of the constituent units.”

(P.A. 77-573, S. 6, 30; P.A. 79-418; P.A. 82-218, S. 6, 46; P.A. 83-533, S. 53, 54; P.A. 84-241, S. 2, 5; P.A. 91-174, S. 1, 16; 91-230, S. 10, 17; 91-256, S. 10, 69; P.A. 92-126, S. 5, 48; 92-154, S. 9, 23; P.A. 99-285, S. 3, 12; P.A. 04-257, S. 13; P.A. 11-48, S. 285; 11-55, S. 10; 11-70, S. 4; P.A. 12-129, S. 7; P.A. 13-118, S. 4; 13-247, S. 184; P.A. 14-117, S. 3; P.A. 15-75, S. 3; P.A. 21-32, S. 25; June Sp. Sess. P.A. 21-2, S. 268.)

History: P.A. 79-418 amended Subsec. (d) to make provisions applicable to eligible employees regardless of employment date, provisions previously applicable to eligible employees “employed on or after October 1, 1975”; P.A. 82-218 repealed authority of board of higher education in Subsec. (a) and delineated powers and duties of board of governors and repealed Subsec. (c) which contained elements of a master plan for higher education, reflecting reorganization of state system of higher education, effective March 1, 1983; Sec. 10-323e transferred to Sec. 10a-6 in 1983; P.A. 83-533 repealed former Subsec. (c) which had permitted board to authorize participation in an alternate retirement program by unclassified employees of state system of higher education and higher education department staff; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 91-174 amended Subsec. (a) by adding the language in Subdivs. (15) and (18) pertaining to independent institutions; P.A. 91-230 deleted Subsec. (a)(11) re responsibility for reviewing and approving capital expenditure requests from the constituent units before submission to the state bond commission, renumbered remaining Subdivs. and in newly renumbered Subdiv. (11) changed “approve” to “make recommendations on”; P.A. 91-256 in Subsec. (a)(12) changed “approve” to “make recommendations on”; P.A. 92-126 and P.A. 92-154 both amended Subsec. (a)(6) to remove the authority of the general assembly to accept or reject a recommended merger or closing; P.A. 99-285 added Subsec. (d) re electronic access, effective July 1, 1999; P.A. 04-257 made a technical change in Subsec. (d), effective June 14, 2004; pursuant to P.A. 11-48, “Board of Governors of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; P.A. 11-55 amended Subsec. (b)(1) to prohibit discrimination on basis of gender identity or expression; P.A. 11-70 replaced “branches” with “campuses” in Subsec. (a)(7) (Revisor's note: In Subsec. (a)(10), a reference to repealed Sec. 10a-9 was deleted editorially by the Revisors); P.A. 12-129 amended Subsec. (a) by limiting authority of Board of Regents for Higher Education to merge or close institutions in Subdiv. (6) and to review and approve mission statements in Subdiv. (7) to the Connecticut State University System, the regional community-technical college system and the Board for State Academic Awards, effective July 1, 2012; P.A. 13-118 amended Subsec. (a) to replace “constituent unit boards of trustees” with “state colleges within the Connecticut State University System, the regional community-technical colleges and the Board for State Academic Awards” in Subdiv. (8), add new Subdiv. (19) re reporting all new programs and program changes to the Office of Higher Education and redesignate existing Subdiv. (19) as Subdiv. (20), effective July 1, 2013; P.A. 13-247 amended Subsec. (a) to delete former Subdiv. (4) re establishing state-wide student financial aid policies and redesignate existing Subdivs. (5) to (19) as Subdivs. (4) to (18), effective July 1, 2013; P.A. 14-117 amended Subsec. (a) to change “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014; P.A. 15-75 amended Subsec. (a) by deleting references to state-wide policies and public higher education, adding references to the Connecticut State University System, the regional community-technical college system and Charter Oak State College, adding provisions re goals identified in Sec. 10a-11c and deleting provision in Subdiv. (7) re notification of proposed termination of academic program, amended Subsec. (b) by designating existing provisions re goals as new Subdiv. (1) and adding new Subdiv. (2) re goals identified in Sec. 10a-11c, amended Subsec. (d) by replacing “constituent units of the state system of higher education that is” with “public institutions of higher education under its jurisdiction that are”, and made conforming and technical changes, effective July 1, 2015; P.A. 21-32 amended Subsec. (b)(1)(A) to prohibit discrimination on basis of erased criminal history record information, effective January 1, 2023; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(19) by adding “until June 30, 2024,”, effective July 1, 2021.

Secs. 10a-6a and 10a-6b. Higher Education Coordinating Council; duties. Accountability measures; reports. Sections 10a-6a and 10a-6b are repealed, effective June 23, 2021.

(P.A. 92-126, S. 4, 48; P.A. 99-285, S. 1, 2, 12; P.A. 00-220, S. 24, 25, 38, 43; P.A. 01-173, S. 52, 67; P.A. 04-257, S. 14; P.A. 11-48, S. 228, 229; 11-61, S. 107; P.A. 13-240, S. 1; P.A. 14-225, S. 7; P.A. 15-75, S. 5; P.A. 16-15, S. 22; P.A. 17-156, S. 1; June Sp. Sess. P.A. 21-2, S. 493.)

Sec. 10a-8d. Board of Regents for Higher Education: Report re allocation of funds. Not later than January 1, 2022, and annually thereafter, the Board of Regents for Higher Education shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations and the budgets of state agencies. Such report shall include: (1) The methods used to allocate the current fiscal year's General Fund block grants to institutions, and the resulting total amount each institution will receive over the fiscal year; (2) for the prior fiscal year, the amount of non-General Fund revenues transferred from each institution to the system office for any purpose, including the methods used to determine the transferred amounts and a description of each such purpose; and (3) a list of institutional staff or faculty that were temporarily stationed at the system office or reassigned new duties at the system office during the prior fiscal year, including the following information for each staff or faculty member: (A) Title at the institution and at the system office, (B) system office duties, (C) cumulative length of time stationed at or reassigned to the system office, and (D) in which budget, institutional or system office, the person's personal services costs were accounted.

(June Sp. Sess. P.A. 21-2, S. 8.)

Sec. 10a-11b. Higher education strategic master plan. Planning Commission for Higher Education established. Members. Duties. Goals and benchmarks. Reports. Standing subcommittees and advisory committees. (a) There is established a Planning Commission for Higher Education to develop and ensure the implementation of a higher education strategic master plan in Connecticut.

(1) The commission shall consist of the following voting members: (A) The president of the Connecticut State Colleges and Universities, the president of The University of Connecticut, or their designees from the Board of Regents and Board of Trustees; (B) the provost of the Connecticut State Colleges and Universities and the provost of The University of Connecticut; (C) the chair of the Board of Regents for the Connecticut State Colleges and Universities, and the Board of Trustees for The University of Connecticut, or the chairs' designees; (D) the president, vice president or chair of the board of a large independent institution of higher education in the state, to be selected by the president of the Connecticut Conference of Independent Colleges; (E) the president, vice president or chair of the board of a small independent institution of higher education in the state, to be selected by the president of the Connecticut Conference of Independent Colleges; (F) a representative from a private occupational school, to be selected by the Commissioner of Education; (G) a teaching faculty representative from the Connecticut State Universities, to be selected by the president of the Connecticut State Colleges and Universities; (H) a teaching faculty representative from the regional community-technical colleges, to be selected by the president of the Connecticut State Colleges and Universities; (I) a teaching faculty representative from The University of Connecticut, to be selected by the president of The University of Connecticut; (J) a teaching faculty representative from a private occupational school in the state, to be selected by the Commissioner of Education; (K) one member appointed by the president pro tempore of the Senate, who shall be a representative of a large manufacturing employer in the state; (L) one member appointed by the speaker of the House of Representatives, who shall be a representative of a large financial or insurance services employer in the state; (M) one member appointed by the majority leader of the Senate, who shall be a representative of an information technology or digital media employer in the state; (N) one member appointed by the minority leader of the Senate, who shall be a representative of a small business employer in the state; (O) one member appointed by the majority leader of the House of Representatives, who shall be a representative of a health care employer in the state; and (P) one member appointed by the minority leader of the House of Representatives, who shall be a representative of a small business employer in the state. The commission membership shall, where feasible, reflect the state's geographic, racial and ethnic diversity.

(2) The following persons shall serve as ex-officio nonvoting members on the commission: (A) The Commissioner of Education, the Commissioner of Economic and Community Development and the Labor Commissioner, or their designees; (B) the president of the Connecticut Conference of Independent Colleges, or the president's designee; (C) a member of the State Board of Education, as designated by the chairperson of the state board; (D) the superintendent of the technical high school system, or the superintendent's designee; (E) the chief executive officer of Connecticut Innovations, Incorporated, or the chief executive officer's designee; (F) the executive director of the Office of Higher Education; (G) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement; and (H) the Secretary of the Office of Policy and Management, or the secretary's designee.

(3) The Governor shall appoint the chairperson from among the commission's members. The commission shall elect a vice-chairperson at its first meeting. Any vacancies shall be filled by the appointing authority. The term of each appointed member of the commission shall be three years from the date of appointment. The commission members shall serve without compensation. The commission may seek the advice and participation of any person, organization or state or federal agency it deems necessary to carry out the provisions of this section. The commission may, within available appropriations, retain consultants to assist in carrying out its duties. The commission may receive funds from any public or private sources to carry out its activities. The commission shall be within the Office of Higher Education and shall be responsible for implementing any policies developed by the commission.

(b) The commission shall develop and ensure the implementation of a higher education strategic master plan that:

(1) Examines the impact of demographic, workforce and education trends on higher education in the state;

(2) (A) Establishes numerical goals for 2015, 2020 and 2025 to increase the number of people earning a bachelor's degree, associate degree or certificate, increases the number of people successfully completing coursework at the community college level and the number of people entering the state's workforce and eliminates the postsecondary achievement gap between minority students and the general student population, and (B) includes specific strategies for meeting such goals, as well as strategies for meeting the goals pursuant to subsection (b) of section 10a-6 and section 10a-11c;

(3) Examines and recommends changes to funding policies, practices and accountability in order to (A) align policies and practices with the goals set forth in subsection (b) of section 10a-6 and section 10a-11c; (B) determine how the constituent units shall annually report to the General Assembly and the public in a transparent and thorough manner regarding each constituent unit's expenditures, staffing and state support, including the state appropriation, personnel expenses, personnel fringe benefits, capital improvement bonds and financial aid to students; and (C) improve coordination of appropriation, tuition and financial aid and seek ways to maximize funding through federal and private grants; and

(4) Recommends ways in which each constituent unit of the state system of higher education and independent institution of higher education in the state can, in a manner consistent with such institution's mission, expand such institution's role in advancing the state's economic growth.

(c) In developing the higher education strategic master plan, the commission shall review the plans pursuant to sections 10a-6 and 10a-11. In addition, the commission may consider the following: (1) Establishing incentives for institutional performance and productivity; (2) increasing financial aid incentive programs, especially in workforce shortage areas and for minority students; (3) implementing mandatory college preparatory curricula in high schools and aligning such curricula with curricula in institutions of higher education; (4) seeking partnerships with the business community and public institutions of higher education to serve the needs of workforce retraining that may include bridge programs in which businesses work directly with higher education institutions to move students into identified workforce shortage areas; (5) establishing collaborative partnerships between public high schools and institutions of higher education; (6) implementing programs in high school to assist high school students seeking a college track or alternative pathways for post-secondary education, such as vocational and technical opportunities; (7) developing policies to promote and measure retention and graduation rates of students, including graduation rates for students who have transferred among two or more constituent units or public institutions of higher education; (8) developing policies to promote the Transfer and Articulation program and the Guaranteed Admission program state wide; (9) addressing the educational needs of minority students and nontraditional students, including, but not limited to, part-time students, incumbent workers, adult learners, former inmates and immigrants, in order to increase enrollment and retention in institutions of higher education; and (10) addressing the affordability of tuition at institutions of higher education and the issue of increased student indebtedness.

(d) Not later than June 1, 2014, the commission shall submit a preliminary report on the development of the higher education strategic master plan and, not later than September 1, 2014, the commission shall submit the higher education strategic master plan, including specific goals and benchmarks for the years ending 2020 and 2025, together with any recommendations for appropriate legislation and funding to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to higher education and employment advancement, education, commerce, labor and appropriations, in accordance with the provisions of section 11-4a.

(e) Not later than January 1, 2016, and annually thereafter, the commission shall submit a report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to higher education and employment advancement, education, commerce, labor and appropriations, in accordance with section 11-4a, on the implementation of the plan and progress made toward achieving the goals specified in the plan. The commission may periodically suggest changes to the goals as necessary.

(f) Not later than January 1, 2018, for purposes of implementing the higher education strategic master plan pursuant to subsection (b) of this section, the commission, in collaboration with the Office of Policy and Management, shall establish two standing subcommittees and may establish any working groups necessary to supplement the work of the subcommittees or work. The chairperson and vice-chairperson of the commission shall appoint the members of the standing subcommittees and working groups, and may appoint members to such standing subcommittees and working groups who are not members of the commission.

(1) One standing subcommittee shall focus on data, metrics and accountability, and build upon the work of the Preschool through 20 and Workforce Information Network in its measures and data. Such measures shall be used to assess the progress of each public institution of higher education toward meeting the commission's goals. The subcommittee shall collaborate with the Labor Department to (A) produce periodic reports, capable of being sorted by student age, on the employment status, job retention and earnings of students enrolled in academic and noncredit vocational courses and programs, both prior to enrollment and after completion of such courses and programs, who leave the constituent units upon graduation or otherwise, and (B) develop an annual affordability index for public higher education that is based on state-wide median family income. The subcommittee shall submit annual reports to the commission and the constituent units.

(2) One standing subcommittee shall focus on the higher education strategic master plan, analyzing the plans submitted since 2014 and making recommendations to the commission on key areas. The commission may recommend key areas of focus each year and require the standing subcommittee to report to the commission on such key areas.

(g) The commission may appoint advisory committees with representatives from public and independent institutions of higher education to study methods and proposals for coordinating efforts of the public institutions of higher education and the independent institutions of higher education to implement the goals identified in section 10a-11c.

(h) The commission may review its goals and plans and determine how best to align its work with the work of the Higher Education Innovation and Entrepreneurship Working Group and the Higher Education Entrepreneurship Advisory Committee, established pursuant to sections 32-39s and 32-39t.

(June Sp. Sess. P.A. 07-3, S. 41; P.A. 08-116, S. 2; P.A. 11-48, S. 90, 285; 11-70, S. 11; June 12 Sp. Sess. P.A. 12-2, S. 54; P.A. 13-240, S. 11; 13-261, S. 8; P.A. 14-65, S. 13; P.A. 15-75, S. 6; P.A. 16-15, S. 23; P.A. 17-229, S. 2; P.A. 18-103, S. 6; June Sp. Sess. P.A. 21-2, S. 197.)

History: June Sp. Sess. P.A. 07-3 effective July 1, 2007; P.A. 08-116 made technical changes in Subsecs. (a)(1)(C), (a)(2)(A) and (d)(6), effective May 27, 2008; P.A. 11-48 amended Subsec. (a)(2) by deleting former Subpara. (D) re director of the Office of Workforce Competitiveness and redesignating existing Subparas. (E) and (F) as Subparas. (D) and (E), effective July 1, 2011; pursuant to P.A. 11-48, “Commissioner of Higher Education” and “Department of Higher Education” were changed editorially by the Revisors to “president of the Board of Regents for Higher Education” and “Board of Regents for Higher Education”, respectively, effective July 1, 2011; P.A. 11-70 amended Subsec. (a) to replace “Blue Ribbon Commission” with “Planning Commission for Higher Education” and require commission to ensure implementation of strategic master plan, amended Subsec. (b) to add reference to Sec. 10a-6(a)(2), delete language re overall goals for higher education, incorporate existing Subsec. (c)(1), (4) and (5) as Subdivs. (1), (3) and (4) and add new Subdiv. (2) and provisions in Subdiv. (3) to require establishment of numerical goals for 2015 and 2020 and examination and recommendation of changes re funding policies, practices and accountability, deleted former Subsec. (c)(2), (3) and (6), redesignated existing Subsecs. (d) to (f) as Subsecs. (c) to (e), amended Subsec. (c) to remove reference to New England 2020 report and require commission to consider developing policies to promote and measure graduation rates for students who have transferred among two or more constituent units or public institutions of higher education, amended Subsec. (d) to require submission of preliminary report on development of strategic master plan not later than January 1, 2012, and submission of plan not later than October 1, 2012, and to make technical changes, amended Subsec. (e) to require annual submission of report to Governor beginning on October 1, 2014, and to joint standing committees beginning on January 1, 2014, and to permit commission to periodically suggest changes to goals as necessary, and deleted former Subsec. (g) re termination of commission, effective July 8, 2011; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (b)(2)(A); P.A. 13-240 amended Subsec. (d) to change “January 1, 2012” to “June 1, 2014”, “October 1, 2012” to “September 1, 2014”, “2015” to “2020” and “2020” to “2025” and amended Subsec. (e) to change “2014” to “2016”, effective July 1, 2013; P.A. 13-261 amended Subsec. (a)(1)(G) to change number of Governor's appointments from 4 to 5, effective July 1, 2013; P.A. 14-65 amended Subsec. (e) by changing date for report to Governor and General Assembly from October 1 to January 1, deleting requirement that Board of Regents for Higher Education prepare the report and making a conforming change, effective July 1, 2014; P.A. 15-75 added Subsec. (f) re working groups, effective July 1, 2015; P.A. 16-15 amended Subsec. (a)(2) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 17-229 amended Subsec. (a)(1) by replacing provisions re commission membership with provisions re same, amended Subsec. (a)(2) by deleting reference to president of the Connecticut State Colleges and Universities in Subpara. (A), replacing provision re chairpersons of boards of trustees and chief executive officers of each constituent unit with provision re president of the Connecticut Conference of Independent Colleges in Subpara. (B), replacing provision re chairperson of board and president of Connecticut Conference of Independent Colleges with provision re member of State Board of Education in Subpara. (C), redesignating existing Subparas. (D) and (E) as Subparas. (G) and (H), and adding new Subparas. (D) to (F) re superintendent of technical high school system, chief executive officer of Connecticut Innovations, Incorporated and director of Office of Higher Education, respectively, amended Subsec. (a)(3) by adding provision re Governor to appoint chairperson, replacing provision re commission to elect chairperson with provision re commissioner to elect vice-chairperson, deleting provision re necessary expenses incurred in performance of duties, and adding provision re commission to be within Office of Higher Education, amended Subsec. (b) by deleting reference to Sec. 10a-6(a)(2), adding “and 2025” in Subdiv. (2)(A), and replacing reference to Sec. 10a-6(a)(2) with Sec. 10a-6(b) and adding “and section 10a-11c” in Subdiv. (2)(B), and replacing provision re evaluation of use of strategic and performance-based incentive funding with reference to Sec. 10a-11c in Subdiv. (3), amended Subsec. (c) by adding new Subdiv. (8) re developing policies to promote Transfer and Articulation program and Guaranteed Admission program, and redesignating existing Subdivs. (8) and (9) as Subdivs. (9) and (10), amended Subsec. (f) by replacing “2016” with “2018” and replacing provision re establishing or consulting with working groups, commissions or task forces with provision re establishment of and appointments to two standing subcommittees and any working groups, adding Subdivs. (1) and (2) re focus of standing subcommittee, added Subsec. (g) re appointment of advisory committees, added Subsec. (h) re commission review of goals and plans, and made technical and conforming changes throughout, effective January 1, 2018; P.A. 18-103 replaced “director” with “executive director” in Subsec. (a)(2)(F), effective July 1, 2018; June Sp. Sess. P.A. 21-2 amended Subsec. (f)(1) by deleting reference to Higher Education Coordinating Council, effective June 23, 2021.

Sec. 10a-11g. Fee-Free Day. The Board of Regents for Higher Education and the Board of Trustees of The University of Connecticut shall establish November first or another date jointly chosen by such boards to annually be known as a “Fee-Free Day”. Such boards shall not charge an application fee to any student who (1) will graduate or has graduated from a public or nonpublic high school in the state, (2) has completed the Free Application for Federal Student Aid, and (3) submits an application for admission on such day to any of the public institutions of higher education governed by such boards.

(June Sp. Sess. P.A. 21-2, S. 77.)

History: June Sp. Sess. P.A. 21-2 effective June 23, 2021.

Sec. 10a-11h. Connecticut Automatic Admissions Program. (a) As used in this section and section 10-220q:

(1) “Participating institution” means (A) an institution of higher education within the Connecticut State University System, or (B) any other institution of higher education in the state that enters into a memorandum of agreement with the Board of Regents for Higher Education in accordance with subsection (d) of this section.

(2) “Other institution of higher education” means an institution of higher education in the state that (A) is not within the Connecticut State University System, (B) is a nonprofit institution of higher education, (C) has graduated one hundred or more students with a bachelor's degree each year for the preceding four years, (D) maintains eligibility to participate in financial aid programs governed by Title IV, Part B of the Higher Education Act of 1965, as amended from time to time, (E) has not been determined by the United States Department of Education to have a financial responsibility score that is less than 1.5 for the most recent fiscal year for which the data necessary for determining the score is available, and (F) is accredited as a degree-granting institution in good standing for ten years or more by a regional accrediting association recognized by the Secretary of the United States Department of Education, and maintains such accreditation status.

(b) Not later than April 1, 2022, the Board of Regents for Higher Education, in consultation with institutions of higher education that are eligible to be participating institutions, shall (1) establish the Connecticut Automatic Admissions Program, and (2) adopt rules, procedures and forms necessary to implement such program. Under the Connecticut Automatic Admissions Program, a participating institution shall admit an applicant as a full-time, first-year student to an in-person bachelor's degree program if such applicant (A) meets or exceeds the academic threshold established pursuant to subsection (e) of this section, (B) qualifies as an in-state student pursuant to section 10a-29, (C) is in his or her last school year before graduation and enrolled at a public high school in the state or a nonpublic high school in the state, approved pursuant to subsection (g) of this section, and (D) if required by a participating institution, earns a high school diploma, an adult education diploma, or other equivalent credential. A participating institution may conduct a comprehensive review of any application submitted by an applicant who applies through the Connecticut Automatic Admissions Program, which may entail requesting additional application materials from such applicant or result in denying admission to such applicant. Each participating institution shall make an effort to minimize the number of students subjected to a comprehensive review if such student meets the requirements of subparagraphs (A) to (D), inclusive, of this subsection. Applicants admitted to a participating institution under the Connecticut Automatic Admissions Program are not guaranteed admission into any specific bachelor's degree program at such institution.

(c) The Board of Regents for Higher Education shall create a simple online application form for students to apply to participating institutions under the Connecticut Automatic Admissions Program. Such application form (1) shall require a student to verify that such student meets the qualifications specified in subsection (b) of this section, and (2) may require a student to provide such student's state-assigned student identifier, if such student has a state-assigned student identifier pursuant to section 10-10a. Such application form shall not require an application fee or the submission of an essay or recommendation letters. Such application shall embed or link to information and resources regarding (A) college admissions and financial aid, and (B) the net cost of completing a bachelor's degree program, graduation rates, average earnings for graduates of participating institutions and, if possible, common majors at each participating institution.

(d) Any other institution of higher education may enter into a memorandum of agreement with the Board of Regents for Higher Education to participate in the Connecticut Automatic Admissions Program. Each such other institution of higher education shall use the online application form created pursuant to subsection (c) of this section and comply with the provisions of subsection (e) of this section. The Board of Regents for Higher Education may charge a reasonable fee to such other institution of higher education that is not a constituent unit of the state system of higher education for participation in the program. Such fee shall not exceed the board's cost for including such other institution of higher education in the program or twenty-five thousand dollars, whichever is less.

(e) (1) The Board of Regents for Higher Education shall establish (A) a minimum class rank percentile for applicants to qualify for admission through the Connecticut Automatic Admissions Program to each participating institution, and (B) a standardized method for calculating grade point average that shall be used to determine class rank percentile.

(2) Each participating institution shall establish an academic threshold for admission to such institution through the Connecticut Automatic Admissions Program. Any other institution of higher education shall establish one or more of the following academic thresholds: (A) The minimum class rank percentile established by the Board of Regents for Higher Education pursuant to subparagraph (A) of subdivision (1) of this subsection, (B) a minimum grade point average calculated in accordance with the standardized method established by the board pursuant to subparagraph (B) of subdivision (1) of this subsection, or (C) a combination of a minimum grade point average calculated in accordance with the standardized method established by the board pursuant to subparagraph (B) of subdivision (1) of this subsection and performance on a nationally recognized college readiness assessment administered to students enrolled in grade eleven pursuant to subdivision (3) of subsection (c) of section 10-14n. Each state university within the Connecticut State University System shall establish the academic threshold set forth in subparagraph (A) of this subdivision and may establish the additional academic thresholds set forth in subparagraphs (B) and (C) of this subdivision. An applicant shall be deemed to have satisfied the academic threshold for admission to a participating institution through the Connecticut Automatic Admissions Program if such applicant satisfies any one of the academic thresholds established by such institution.

(3) No governing board of a participating institution shall establish policies or procedures that require any academic qualifications in addition to the qualifications specified in subsection (b) of this section and the academic threshold established pursuant to this subsection for the purposes of the Connecticut Automatic Admissions Program.

(f) No participating institution shall consider the admission of a student through the Connecticut Automatic Admissions Program in determining such student's eligibility for need-based or merit-based financial aid.

(g) The supervisory agent of a nonpublic high school in the state may submit an application to the Board of Regents for Higher Education, in the form and manner prescribed by the board, to participate in the Connecticut Automatic Admissions Program. The board shall approve any such application provided such nonpublic high school (1) is accredited by a generally recognized accrediting organization or is operated by the United States Department of Defense, and (2) complies with the provisions of section 10-220q.

(June Sp. Sess. P.A. 21-2, S. 257.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.

Sec. 10a-11i. Information on financial aid applications and personally identifiable information on admissions applications not subject to disclosure. Exceptions. (a) Any information contained in a Free Application for Federal Student Aid or a state application for student financial aid and personally identifiable information contained in applications for admission to institutions of higher education, including applications under the Connecticut Automatic Admissions Program established pursuant to section 10a-11h, held by any department, board, commission, public institution of higher education or any other agency of the state, or any local or regional board of education or state-administered school system shall not be deemed to be a public record for purposes of the Freedom of Information Act, as defined in section 1-200, and shall not be subject to disclosure under the provisions of section 1-210.

(b) Any confidential information about an individual, including, but not limited to, information from an individual's application for admission, application for financial aid or immigration status, that becomes known to an officer, employee or agent of a local or regional board of education or an institution of higher education in the state may be disclosed to a federal immigration authority, as defined in section 54-192h, only if such disclosure is:

(1) Authorized in writing by the individual to whom the information pertains, or by the parent or guardian of such individual if the individual is a minor or not legally competent to consent to such disclosure;

(2) Necessary in furtherance of a criminal investigation of terrorism; or

(3) Otherwise required by state or federal law or in compliance with a judicial warrant or court order issued by a judge or magistrate of the state or federal judicial branches.

(June Sp. Sess. P.A. 21-2, S. 263.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.

Sec. 10a-19d. Training for early childhood education teachers. Definition of training requirements and competencies for persons involved in early childhood education. (a) The president of the Connecticut State Colleges and Universities shall, within available appropriations, expand the capacity of programs for training early childhood education teachers through the development of accelerated, alternate route programs to initial teacher certification with an endorsement in early childhood education.

(b) The president of the Connecticut State Colleges and Universities, in consultation with the Department of Education, Labor Department, Office of Workforce Strategy, Office of Early Childhood, Department of Social Services, Charter Oak State College, early childhood education faculty at two and four-year public and independent institutions of higher education, early childhood education professional associations, early childhood education advocates and practitioners, and persons knowledgeable in the area of career development and programs in early childhood care and education, shall define the preservice and minimum training requirements and competencies for persons involved in early childhood education, from birth to five years of age, including requirements for individual levels of early childhood credentialing and licensing.

(P.A. 06-154, S. 1; P.A. 11-48, S. 91, 285; P.A. 16-15, S. 24; June Sp. Sess. P.A. 21-2, S. 234.)

History: P.A. 06-154 effective July 1, 2006; P.A. 11-48 amended Subsec. (b) by adding “Labor Department's”, effective July 1, 2011; pursuant to P.A. 11-48, “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education”, effective July 1, 2011; P.A. 16-15 replaced “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; June Sp. Sess. P.A. 21-2 amended Subsec. (b) by deleting “Labor Department's Office of Workforce Competitiveness, the” and adding Labor Department, Office of Workforce Strategy and Office of Early Childhood, effective July 1, 2021.

Sec. 10a-22b. (Formerly Sec. 10-7b). Certificate of authorization as private occupational school. Application. Evaluation. Hospital-based occupational school. (a) No person, board, association, partnership, corporation, limited liability company or other entity shall offer instruction in any form or manner in any trade or in any industrial, commercial, service, professional or other occupation unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the executive director a certificate authorizing the occupational instruction to be offered.

(b) Except for initial authorizations, the executive director may accept institutional accreditation by an accrediting agency recognized by the United States Department of Education, in satisfaction of the requirements of this section and section 10a-22d, including the evaluation and attendance requirement. Except for initial authorizations, the executive director may accept programmatic accreditation in satisfaction of the requirements of this section and section 10a-22d with regard to instruction offered by a hospital pursuant to subsection (h) of this section unless the executive director finds reasonable cause not to rely upon such accreditation.

(c) Each person, board, association, partnership, corporation, limited liability company or other entity which seeks to offer occupational instruction shall submit to the executive director, or the executive director's designee, in such manner as the executive director, or the executive director's designee, prescribes, an application for a certificate of authorization which includes, but need not be limited to, (1) the proposed name of the school; (2) ownership and organization of the school including the names and addresses of all principals, officers, members and directors; (3) names and addresses of all stockholders of the school, except for applicants which are listed on a national securities exchange; (4) addresses of any building or premises on which the school will be located; (5) description of the occupational instruction to be offered; (6) the proposed student enrollment agreement, which includes for each program of occupational instruction offered a description, in plain language, of any requirements for employment in such occupation or barriers to such employment pursuant to state law or regulations; (7) the proposed school catalog, which includes for each program of occupational instruction offered a description of any requirements for employment in such occupation or barriers to such employment pursuant to state law or regulations; (8) financial statements detailing the financial condition of the school pursuant to subsection (d) of this section and subsection (g) of section 10a-22d prepared by management and reviewed or audited, or, for a nonaccredited school annually receiving less than fifty thousand dollars in tuition revenue, compiled, by an independent licensed certified public accountant or independent licensed public accountant; and (9) an agent for service of process. Each application for initial authorization shall be accompanied by a nonrefundable application fee made payable to the private occupational school student protection account in the amount of two thousand dollars for the private occupational school and two hundred dollars for each branch of a private occupational school in this state. Any application for initial authorization that remains incomplete six months after the date such application was first submitted to the Office of Higher Education shall expire and the office shall not approve such expired application for authorization.

(d) Each person, board, association, partnership, corporation, limited liability company or other entity seeking to offer occupational instruction shall have a net worth consisting of sufficient liquid assets or produce other evidence of fiscal soundness to demonstrate the ability of the proposed private occupational school to operate, achieve all of its objectives and meet all of its obligations, including those concerning staff and students, during the period of time for which the authorization is sought.

(e) Upon receipt of a complete application pursuant to subsection (c) of this section, the executive director shall cause to be conducted an evaluation of the applicant school. Not later than sixty days (1) after receipt of a complete application for initial authorization, or (2) prior to expiration of the authorization of a private occupational school applying to renew its certificate of authorization pursuant to section 10a-22d, the executive director, or the executive director's designee, shall appoint an evaluation team, pursuant to subsection (f) of this section, to conduct such evaluation of the applicant school. Not later than one hundred twenty days following the completed appointment of the evaluation team, the executive director shall notify the applicant school of authorization or nonauthorization. The executive director may consult with the Labor Department and may request the advice of any other state agency which may be of assistance in making a determination. In the event of nonauthorization, the executive director shall set forth the reasons therefor in writing and the applicant school may request in writing a hearing before the executive director. Such hearing shall be held in accordance with the provisions of chapter 54.

(f) For purposes of an evaluation of an applicant school, the executive director, or the executive director's designee, shall appoint an evaluation team which shall include (1) at least two members representing the Office of Higher Education, and (2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. The applicant school shall have the right to challenge any proposed member of the evaluation team for good cause shown. A written challenge shall be filed with the executive director within ten business days following the appointment of such evaluation team. In the event of a challenge, a decision shall be made thereon by the executive director within ten business days from the date such challenge is filed, and if the challenge is upheld the executive director shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The executive director, or the executive director's designee, shall not appoint any person to an evaluation team unless the executive director, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in this section. The statement shall be on a form prescribed by the executive director and shall be signed under penalty of false statement. Except for any member of the evaluation team who is a state employee, members may be compensated for their service at the discretion of the executive director and shall be reimbursed for actual expenses, which expenses shall be charged to and paid by the applicant school.

(g) The evaluation team appointed pursuant to subsection (f) of this section shall: (1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of noncompliance; (3) give the school thirty days from the date of the report to provide evidence of compliance; and (4) submit to the executive director a written report recommending authorization or nonauthorization not later than one hundred twenty days after the on-site inspection. The evaluation team shall determine whether (A) the quality and content of each course or program of instruction, including, but not limited to, residential, on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B) the school has adequate space, equipment, instructional materials and personnel for the instruction offered; (C) the qualifications of directors, administrators, supervisors and instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students and other interested persons shall be provided with a catalog or similar publication describing the courses and programs offered, course and program objectives, length of courses and programs, schedule of tuition, fees and all other charges and expenses necessary for completion of the course or program, and termination, withdrawal and refund policies; (E) upon satisfactory completion of the course or program, each student shall be provided appropriate educational credentials by the school; (F) adequate records shall be maintained by the school to show attendance and grades, or other indicators of student progress, and standards shall be enforced relating to attendance and student performance; (G) the applicant school shall be financially sound and capable of fulfilling its commitments to students; (H) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate; and (I) the school and any branch of the school in this state has a director located at the school or branch who is responsible for daily oversight of the school's or branch's operations. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school.

(h) Any hospital offering postsecondary career instruction in any form or manner in any trade, industrial, commercial, service, professional or other occupation for any remuneration, consideration, reward or promise, except to hospital employees, members of the medical staff and training for contracted workers, shall obtain a certificate of authorization from the executive director for the occupational instruction offered. Each hospital-based occupational school submitting an application for initial authorization shall pay an application fee of two hundred dollars made payable to the private occupational school student protection account. The executive director shall develop a process for prioritizing the authorization of hospital-based occupational schools based on size and scope of occupational instruction offered. Such schools shall be in compliance with this section when required pursuant to the executive director's process, or by 2012, whichever is earlier.

(i) Any program, school or other entity offering postsecondary career instruction in any form or manner in barbering or hairdressing for any remuneration, consideration, reward or fee shall obtain a certificate of authorization from the executive director of the Office of Higher Education for the occupational instruction offered. Each program, school or entity approved on or before July 1, 2013, by the Connecticut Examining Board for Barbers, Hairdressers and Cosmeticians pursuant to chapter 368 or 387 that submits an application for initial authorization shall pay an application fee of five hundred dollars made payable to the private occupational school student protection account. The executive director of the Office of Higher Education shall develop a process for prioritizing the authorization of such barber and hairdressing programs, schools and entities. Such programs, schools and entities shall be in compliance with this section on or before July 1, 2015, or when required pursuant to the executive director's process, whichever is earlier. No person, board, association, partnership corporation, limited liability company or other entity shall establish a new program, school or other entity that offers instruction in any form or manner in barbering or hairdressing on or after July 1, 2013, unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the executive director of the Office of Higher Education a certificate authorizing the barbering or hairdressing occupational instruction to be offered in accordance with the provisions of this section.

(P.A. 79-380, S. 2; P.A. 83-501, S. 2, 12; P.A. 88-360, S. 1, 63; P.A. 89-251, S. 66, 203; P.A. 90-198, S. 1, 5; P.A. 93-294, S. 2, 17; P.A. 97-138; May 9 Sp. Sess. P.A. 02-7, S. 14; P.A. 06-150, S. 2; P.A. 07-164, S. 2; 07-166, S. 4, 5; P.A. 08-116, S. 8; P.A. 09-99, S. 1; P.A. 11-48, S. 233, 234; P.A. 12-156, S. 23; P.A. 13-208, S. 64; P.A. 16-155, S. 2; P.A. 17-139, S. 2, 3; P.A. 18-36, S. 1; P.A. 21-45, S. 1.)

History: P.A. 83-501 amended Subsec. (b)(8) to provide that financial statement is to be prepared by management of the school and reviewed or audited by a licensed certified public accountant rather than prepared by accountant and attested to by management of school and made slight changes in wording throughout section; P.A. 88-360 in Subsec. (d) increased the number of days the state board of education has to make a decision on a challenge from 14 to 45; P.A. 89-251 increased the application fee from $250 to $500; P.A. 90-198 in Subsec. (d) allowed a designee of the commissioner to appoint an evaluation team, added to the team an additional member representing the state board of education, removed the member who is a private occupational school administrator and the right of the applicant school to reject certain members, substituted 10 business days for 14 days as the time within which a challenge shall be filed, substituted the commissioner of education for the state board of education as the person to make decisions on challenges, decreased the number of days to make a decision on a challenge from 45 days to 10 business days, allowed employees of the state or political subdivisions to be members of teams and required members of teams to provide statements of no conflict of interest; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and technical changes, effective July 1, 1993; Sec. 10-7b transferred to Sec. 10a-22b in 1995; P.A. 97-138 amended Subsec. (a) to add provision concerning the acceptance of institutional accreditations by accrediting agencies recognized by the U.S. Department of Education in satisfaction of the requirements of this section and Sec. 10a-22d, except for initial authorizations; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) by adding reference to attendance requirement, effective August 15, 2002; P.A. 06-150 amended Subsec. (a) to include limited liability companies as entities required to receive certificate of authority, change “occupational” instruction to instruction “in any form or manner in any trade, or in any industrial, commercial, service, professional or other occupation” and designate part of subsection as new Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended subsection to require application for certification to include names and addresses of members of school, financial statements to be prepared by independent licensed certified public accountant or independent licensed public accountant and designation of agent for service of process and to increase application fee from $500 to $2,000, payable to private occupational school student protection account, redesignated existing Subsec. (c) as Subsec. (d) and amended subsection to change time period for notification of authorization or nonauthorization from “within ninety” to “not later than one hundred twenty” days, redesignated existing Subsec. (d) as Subsec. (e), redesignated existing Subsec. (e) as Subsec. (f) and amended subsection to add new Subdivs. (1) to (4) re requirements of evaluation team, redesignate existing Subdivs. (1) to (8) as Subparas. (A) to (H), include “residential, on-line, home study and correspondence” in Subpara. (A) and change “cancellation” to “termination, withdrawal” in Subpara. (D), and added “commissioner's designee” and made conforming and technical changes throughout section; P.A. 07-164 amended Subsec. (c) to require application for certificate of authorization to include in student enrollment agreement and school catalog a description of requirements for and barriers to employment for each program of occupational instruction and to make a technical change; P.A. 07-166 made technical changes in Subsecs. (a) and (f), effective June 19, 2007; P.A. 08-116 added Subsec. (g) re certificate of authorization application requirements for hospital-based occupational schools, effective July 1, 2008; P.A. 09-99 amended Subsec. (c) by adding references to Subsec. (d) and Sec. 10a-22d(g) in Subdiv. (8) and adding provision re application fee of $200 for each branch in Subdiv. (9), added new Subsec. (d) re applicants' fiscal soundness, redesignated existing Subsecs. (d) to (g) as Subsecs. (e) to (h), amended redesignated Subsec. (e) by replacing “Board of Governors” with “commissioner” re hearing request, amended redesignated Subsec. (g) by adding Subpara. (I) requiring director to be located at school and any branch, and made conforming and technical changes, effective July 1, 2009; P.A. 11-48 amended Subsec. (f) to replace references to Commissioner of Higher Education with references to executive director and “Board of Governors” with “institutions of public higher education” and amended Subsec. (h) to replace references to Commissioner of Higher Education with references to executive director, effective July 1, 2011 (Revisor's note: In Subsecs. (a), (b), (c), (e) and (g), “commissioner” and “commissioner's” were changed editorially by the Revisors to “executive director” and “executive director's”, respectively, to conform with changes made by P.A. 11-48, S. 232); P.A. 12-156 amended Subsec. (f)(1) by replacing “institutions of public higher education” with “Office of Higher Education”, effective June 15, 2012; P.A. 13-208 added Subsec. (i) re instruction in barbering or hairdressing, effective July 1, 2013; P.A. 16-155 amended Subsec. (b) by adding provision re acceptance of programmatic accreditation for instruction offered by a hospital, amended Subsec. (c) by adding provision re nonaccredited school offering instruction in barbering or hairdressing, amended Subsec. (e) by adding provision re appointment of evaluation team and making technical changes, amended Subsec. (f) by adding provision re compensation of members of evaluation team, amended Subsec. (g) by replacing “sixty” with “thirty” and amended Subsecs. (h) and (i) by replacing “instruction” with “postsecondary career instruction”, effective July 1, 2016; P.A. 17-139 amended Subsec. (c)(8) by deleting “offering instruction in barbering or hairdressing and” and amended Subsec. (i) by replacing “promise” with “fee” re program, school or other entity offering postsecondary career instruction, effective July 1, 2017; P.A. 18-36 amended Subsec. (b) by replacing “shall” with “may” and deleting “, unless the executive director finds reasonable cause not to rely upon such accreditation”, and amended Subsec. (c) by adding provision re expiration of incomplete application after 6 months, effective July 1, 2018; P.A. 21-45 amended Subsec. (c)(8) by replacing “enrolling fewer than ten students” with “receiving less than fifty thousand dollars in tuition revenue”, effective July 1, 2021.

Sec. 10a-22d. (Formerly Sec. 10-7d). Authorization: Conditions for renewal, fees, probation, extension. (a) After the initial year of approval and for the next three years of operation as a private occupational school, renewal of the certificate of authorization shall be required annually.

(b) Following the fourth year of continuous authorization, a renewal of the certificate of authorization, if granted, shall be for a period not to exceed five years and may be subject to an evaluation pursuant to subsections (f) and (g) of section 10a-22b, provided no private occupational school shall operate for more than five additional years from the date of any renewal without the completion of an evaluation pursuant to subsections (f) and (g) of section 10a-22b.

(c) Renewal of the certificate of authorization shall be granted only upon (1) payment of a nonrefundable renewal fee to the Office of Higher Education in the amount of two hundred dollars for the private occupational school and two hundred dollars for each branch of a private occupational school, (2) submission of any reports or audits, as prescribed by the executive director or the executive director's designee, concerning the fiscal condition of the private occupational school or its continuing eligibility to participate in federal student financial aid programs, (3) the filing with the executive director of a complete application for a renewed certificate of authorization not less than one hundred twenty days prior to the termination date of the most recent certificate of authorization, and (4) a determination that the private occupational school meets all the conditions of its recent authorization, including, but not limited to, at the discretion of the executive director, evidence that such school is current on its rent or mortgage obligations, and the filing of documentation with the executive director that the private occupational school has a passing financial ratio score as required by 34 CFR 668, as amended from time to time.

(d) If the executive director, or the executive director's designee, determines, at any time during a school's authorization period, that such school is out of compliance with the conditions of authorization under sections 10a-22a to 10a-22o, inclusive, and any applicable regulations of Connecticut state agencies, the school may be placed on probation for a period not to exceed one year. If, after the period of one year of probationary status, the school remains out of compliance with the conditions of authorization, the executive director may revoke such school's certificate of authorization to operate as a private occupational school pursuant to section 10a-22f. During the school's period of probation, the school shall post its probationary certificate of authorization in public view. The Office of Higher Education may publish the school's probationary certificate of authorization status.

(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, inclusive, the executive director may authorize the extension of the most recent certificate of authorization for a period not to exceed sixty days for good cause shown, provided such extension shall not change the date of the original certificate's issuance or the date for each renewal.

(f) After the first year of authorization, each private occupational school shall pay a nonrefundable annual fee to the private occupational school student protection account in the amount of two hundred dollars for the private occupational school and two hundred dollars for each branch of a private occupational school. The annual fee shall be due and payable for each year after the first year of authorization that the private occupational school and any branch of a private occupational school is authorized by the executive director to offer occupational instruction. Such annual fee shall be in addition to any renewal fee assessed under this section.

(g) Each private occupational school shall keep financial records in conformity with generally accepted accounting principles. An annual financial statement detailing the financial status of the school shall be prepared by school management and reviewed or audited, or, for a nonaccredited school annually receiving less than fifty thousand dollars in tuition revenue, compiled, by a licensed certified public accountant or licensed public accountant in accordance with standards established by the American Institute of Certified Public Accountants. A copy of such financial statement shall be filed with the executive director on or before the last day of the fourth month following the end of the school's fiscal year, except in the case of a nationally accredited school recognized by the United States Department of Education, in which case such financial statement shall be due on or before the last day of the sixth month following the end of the school's fiscal year. Only audited financial statements shall be accepted from a nationally accredited school. Upon a nonaccredited school's written request, the executive director may authorize, for good cause shown, a filing extension for a period not to exceed sixty days. No filing extensions shall be granted to a nationally accredited school.

(h) The failure of any private occupational school to submit an application to the Office of Higher Education for the renewal of a certificate of authorization on or before the date on which it is due may result in the loss of authorization under section 10a-22f. The executive director of said office may deny the renewal of such certificate of authorization if there exists a failure to file such renewal application by the date on which it is due, or the end of any period of extension authorized pursuant to subsection (e) of this section.

(P.A. 79-380, S. 4; P.A. 83-501, S. 4, 12; P.A. 86-48, S. 1, 5 P.A. 88-360, S. 2, 63; P.A. 91-295, S. 2, 7; P.A. 93-294, S. 4, 17; P.A. 06-150, S. 4; P.A. 09-99, S. 3; P.A. 11-48, S. 235; P.A. 12-156, S. 56; P.A. 16-155, S. 3, 4; P.A. 17-139, S. 4; P.A. 21-45, S. 2, 3.)

History: P.A. 83-501 replaced former section which provided that after initial authorization, renewal was required every three years with provision that would require annual authorization for a period of three years after which renewal will be for a period of three years; P.A. 86-48 added Subsec. (a) and Subdiv. (1) designations and requirement for payment of additional fees for extension or branch schools in Subsec. (a), added Subsec. (a)(2) re time limit for filing of an application for a renewal certificate and added Subsec. (b) re extension of certificate; P.A. 88-360 amended Subsec. (b) to provide that an extension shall not change the date of the original certificate's issuance or the date for each renewal; P.A. 91-295 in Subsec. (a) deleted requirement for an evaluation at the time of each renewal and added provision that no school operate for more than three additional years from the date of any renewal without an evaluation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, amended Subsec. (a) to provide for a five-year renewal instead of a three-year renewal, to add Subdiv. (2) re federal reports and audits and renumbered the existing Subdiv. (2) as Subdiv. (3) and added the exception clause on probationary authorization, effective July 1, 1993; Sec. 10-7d transferred to Sec. 10a-22d in 1995; P.A. 06-150 amended Subsec. (a) to provide for annual renewal of authorization after initial year of operation and next three years and to designate parts of subsection as new Subsecs. (b) and (c), amended said Subsec. (c) to increase annual fee from $100 to $200, require additional fee of $200 for each branch school, require submission of all reports or audits re fiscal condition of school, delete provisions re failure to renew authorization and issuance of probationary authorization and add Subdiv. (4) re criteria for renewal of authorization, added Subsec. (d) re probation and revocation of certificate of authorization, redesignated existing Subsec. (b) as Subsec. (e) and made conforming and technical changes throughout section; P.A. 09-99 amended Subsec. (a) by inserting “renewal of the certificate of”, made conforming changes in Subsec. (b), amended Subsec. (c) by rephrasing provisions re payment of fees for renewal of certificate of authorization in Subdiv. (1), inserting “as prescribed by the commissioner or the commissioner's designee” in Subdiv. (2) and requiring school to have passing financial ratio score, and added Subsec. (f) re payment of annual fee to student protection account and Subsec. (g) re maintenance of financial records, effective July 1, 2009; P.A. 11-48 amended Subsecs. (c) and (d) to replace references to Board of Governors of Higher Education and Department of Higher Education with references to Office of Financial and Academic Affairs for Higher Education and references to Commissioner of Higher Education with references to executive director, effective July 1, 2011 (Revisor's note: In Subsecs. (e), (f) and (g), “commissioner” was changed editorially by the Revisors to “executive director” to conform with changes made by P.A. 11-48, S. 232); pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (c) and (d), effective June 15, 2012; P.A. 16-155 amended Subsec. (c) by adding provision re evidence that school is current on rent or mortgage obligations and making technical changes, and amended Subsec. (g) by adding provision re nonaccredited school offering instruction in barbering or hairdressing and annually enrolling fewer than 10 students to file a compiled financial statement, effective July 1, 2016; P.A. 17-139 amended Subsec. (g) by deleting “offering instruction in barbering or hairdressing and” re nonaccredited school, effective July 1, 2017; P.A. 21-45 amended Subsec. (g) by replacing “enrolling fewer than ten students” with “receiving less than fifty thousand dollars in tuition revenue” and added Subsec. (h) re failure to submit application for renewal of certificate of authorization, effective July 1, 2021.

Sec. 10a-22f. (Formerly Sec. 10-7g). Revocation of certificate of authorization. (a) A certificate of authorization issued to a private occupational school pursuant to sections 10a-22a to 10a-22o, inclusive, and sections 10a-22u to 10a-22w, inclusive, may be revoked by the executive director if such school (1) ceases to meet the conditions of its authorization; (2) commits a material or substantial violation of sections 10a-22a to 10a-22o, inclusive, or sections 10a-22u to 10a-22w, inclusive, or the regulations prescribed thereunder; (3) makes a false statement about a material fact in application for authorization or renewal; (4) fails to make a required payment to the private occupational school student protection account pursuant to section 10a-22u; or (5) fails to submit a complete application for a renewed certificate of authorization pursuant to section 10a-22d.

(b) The executive director, or the executive director's designee, shall serve written notice, by certified mail, return receipt requested upon a private occupational school indicating that revocation of the school's authorization is under consideration and the executive director shall set forth the reasons such revocation is being considered. Not later than forty-five days after mailing such written notice, the executive director, or the executive director's designee, shall hold a compliance conference with the private occupational school.

(c) If, after the compliance conference, the executive director determines that revocation of the certificate of authorization is appropriate, the executive director shall issue an order and serve written notice by certified mail, return receipt requested upon the private occupational school, which notice shall include, but not be limited to, the date of the revocation.

(d) A private occupational school aggrieved by the order of the executive director revoking its certificate of authorization pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request in writing a hearing before the executive director. Such hearing shall be held in accordance with the provisions of chapter 54.

(P.A. 79-380, S. 7; P.A. 84-176, S. 1, 5; P.A. 86-48, S. 2, 5; P.A. 87-434, S. 2, 5; P.A. 93-294, S. 6, 17; P.A. 96-180, S. 15, 166; 96-244, S. 31, 63; P.A. 06-150, S. 6; P.A. 09-99, S. 5; P.A. 12-156, S. 26; P.A. 21-45, S. 4.)

History: P.A. 84-176 amended Subsec. (b) to clarify that a school aggrieved by a decision may request a hearing within 14 administrative days after “receipt of written notice” of the completion of an administrative review; P.A. 86-48 amended Subsec. (b) to add time limit for giving of written notice of the determination of the administrative review and to substitute the word “days” for “administrative days” (Revisor's note: References in Subsec. (a) to repealed Sec. 10-7e were deleted editorially by the Revisors); P.A. 87-434 specified when the review is to begin and be completed and extended the amount of time to give written notice of the conclusions of the review; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and made technical changes, effective July 1, 1993; Sec. 10-7g transferred to Sec. 10a-22f in 1995; P.A. 96-180 amended Subsec. (a) by substituting “student protection account” for “default assurance fund”, effective June 3, 1996; P.A. 96-244 also amended Subsec. (a) by replacing “default assurance fund” with “private occupational school student protection account”, effective July 1, 1996; P.A. 06-150 amended Subsec. (a) to make technical changes and, in Subdiv. (3), include false statement in application for renewal as basis for revocation of certification of authorization, amended Subsec. (b) to insert “or the commissioner's designee”, require notice of consideration of revocation to be given by certified mail, return receipt requested, delete provisions re administrative review of consideration of revocation and add provision requiring commissioner or commissioner's designee to hold compliance conference with school, added Subsec. (c) re order by commissioner of revocation of authorization and added Subsec. (d) permitting appeal by aggrieved school to Board of Governors; P.A. 09-99 amended Subsec. (d) by replacing “Board of Governors” with “commissioner”; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 21-45 amended Subsec. (a) by adding Subdiv. (5) re failure to submit application for renewed certificate of authorization, effective July 1, 2021.

Sec. 10a-22h. (Formerly Sec. 10-7i). Distance learning program by an out-of-state private occupational school. Application and approval period. Any out-of-state private occupational school that seeks to operate a distance learning program in the state shall submit an application to the Office of Higher Education in the form and manner prescribed by the office. Each such private occupational school shall agree to abide by standards established by the office. The office shall approve or reject such private occupational school's application in accordance with the standards established by the office. Authorization by the office to operate a distance learning program in the state shall be valid for a period of one year and may be renewed by the office for additional one-year periods. The office shall establish a schedule of application and renewal fees for all out-of-state private occupational schools that are approved by the office. As used in this subsection, “distance learning program” means a program of study in which lectures are broadcast or classes are conducted by correspondence or over the Internet, without requiring a student to attend in person.

(P.A. 79-380, S. 9; P.A. 91-295, S. 4, 7; P.A. 93-294, S. 8, 17; P.A. 06-150, S. 8; P.A. 11-48, S. 236; P.A. 12-156, S. 28; P.A. 21-45, S. 5.)

History: P.A. 91-295 in Subsec. (b) increased the fee from $25 to $50; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7i transferred to Sec. 10a-22h in 1995; P.A. 06-150 made technical changes in Subsecs. (a) and (b) and amended Subsec. (b) to require representatives of out-of-state schools not authorized under applicable statutes to file application with Department of Higher Education and to pay nonrefundable fee of $500 into private occupational student protection account; P.A. 11-48 amended Subsec. (b) to replace “Department of Higher Education” with “Office of Financial and Student Affairs for Higher Education” and “commissioner” with “executive director”, effective July 1, 2011 (Revisor's note: In Subsec. (a), “commissioner” was changed editorially by the Revisors to “executive director” to conform with changes made by P.A. 11-48, S. 232); P.A. 12-156 amended Subsec. (b) by replacing “Office of Financial and Student Affairs for Higher Education” with “Office of Higher Education”, effective June 15, 2012; P.A. 21-45 deleted former Subsecs. (a) and (b) re requirement for representative of unauthorized private occupational school to obtain permit to represent the school and added provisions re requirement for out-of-state private occupational school to submit application to operate a distance learning program in the state, effective July 1, 2021.

Sec. 10a-22u. (Formerly Sec. 10-14i). Establishment of private occupational school student protection account. Treatment of overpayments and underpayments. (a) There shall be an account to be known as the private occupational school student protection account within the General Fund. Each private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, shall pay to the State Treasurer an amount equal to four-tenths of one per cent of the tuition received by such school per calendar quarter exclusive of any refunds paid, except that distance learning and correspondence schools authorized in accordance with the provisions of section 10a-22h, shall contribute to said account only for Connecticut residents enrolled in such schools. Payments shall be made by January thirtieth, April thirtieth, July thirtieth and October thirtieth in each year for tuition received during the three months next preceding the month of payment. In addition to amounts received based on tuition, the account shall also contain any amount required to be deposited into the account pursuant to sections 10a-22a to 10a-22o, inclusive. Said account shall be used for the purposes of section 10a-22v. Any interest, income and dividends derived from the investment of the account shall be credited to the account. All direct expenses for the maintenance of the account may be charged to the account upon the order of the State Comptroller. The executive director may assess the account for all direct expenses incurred in the implementation of the purposes of this section which are in excess of the normal expenditures of the Office of Higher Education.

(b) Payments required pursuant to subsection (a) of this section shall be a condition of doing business in the state and failure to make any such payment within thirty days following the date on which it is due shall result in the loss of authorization under section 10a-22f. Such authorization shall not be issued or renewed if there exists a failure to make any such payment in excess of thirty days following the date on which it is due.

(c) If an audit conducted by the Office of Higher Education determines that a school has paid into the private occupational school student protection account an amount less than was required, the school shall pay such amount plus a penalty of ten per cent of the amount required to the State Treasurer within thirty days of receipt of notice from the executive director or his designee of the amount of the underpayment and penalty.

(d) If an audit conducted by the Office of Higher Education determines that a school has paid into the private occupational school student protection account an amount more than was required, subsequent payment or payments by the school shall be appropriately credited until such credited payment or payments equal the amount of the overpayment.

(P.A. 77-440, S. 1; P.A. 78-158, S. 1, 4; P.A. 79-380, S. 13; P.A. 83-150, S. 1, 4; P.A. 84-176, S. 3, 5; P.A. 93-294, S. 14, 17; P.A. 94-95, S. 8; P.A. 95-226, S. 20, 30; P.A. 97-285, S. 1, 2; P.A. 99-192, S. 1, 2; May 9 Sp. Sess. P.A. 02-1, S. 128; P.A. 06-150, S. 17; P.A. 09-99, S. 9; P.A. 11-48, S. 241; P.A. 12-156, S. 56; June Sp. Sess. P.A. 15-5, S. 430; P.A. 16-24, S. 1; P.A. 21-45, S. 6.)

History: P.A. 78-158 required payment to treasurer of one-half of 1%, rather than 1%, of tuition received, rather than of tuition paid by newly enrolled students, excepted refunds and made special provision for payments relative to correspondence and home study schools, revised payment schedule slightly and allowed state board to assess fund for expenses incurred in implementation of section which exceed normal expenses for accounting, auditing and clerical services in Subsec. (a); P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted “authorized” and “authorization” for “licensed” and “licensure”; P.A. 83-150 changed name from “Proprietary School Default Assurance Fund” to “Private Occupational School Student Protection Fund”, deleted obsolete reference to payments made in 1978 and authorized commissioner of education and department of education rather than state board of education to administer fund; P.A. 84-176 added Subsecs. (c) and (d) re treatment of overpayments and underpayments to the fund; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, added Subsec. (a)(2) re the fiscal years ending June 30, 1994 and June 30, 1995, and made technical changes, effective July 1, 1993; Sec. 10-14i transferred to Sec. 10a-22u in 1995; P.A. 94-95 changed name of fund from “Private Occupational School Student Protection Fund” to “private occupational school student protection account”; P.A. 95-226 extended Subdiv. (2) to the fiscal years ending June 30, 1996, and June 30, 1997, increased the limit for personnel and administrative services from $100,000 to $118,000 and made a technical change, effective July 1, 1995; (Revisor's note: In 1997 references in Subsecs. (c) and (d) to “Private Occupational School Student Protection Fund” were changed editorially by the Revisors to “private occupational school student protection account” to conform said Subsecs. with Subsec. (a) as amended by P.A. 94-95); P.A. 97-285 amended Subdiv. (2) of Subsec. (a)(2) to substitute the fiscal years ending in 1998 and 1999 for the fiscal years ending in 1996 and 1997, to increase the amount from $118,000 to $150,000, to set the limit of the annual interest accrual and to specify that the amount transferred be used for positions and responsibilities relating to Secs. 10a-22a to 10a-22k, inclusive, effective July 1, 1997; P.A. 99-192 amended Subsec. (a)(2) to change the dates to the fiscal years ending June 30, 2000, and June 30, 2001, and to increase the amount from $150,000 to $170,000, effective July 1, 1999; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to add a provision that no additional school assessments shall be made if the resources of the protection account exceed $2,500,000, effective July 1, 2002; P.A. 06-150 amended Subsec. (a) to change internal section references; P.A. 09-99 amended Subsec. (a) by requiring that student protection account contain amounts deposited pursuant to Secs. 10a-22a to 10a-22o, effective July 1, 2009; P.A. 11-48 replaced “Commissioner of Higher Education” and “commissioner” with “executive director” and replaced “Department of Higher Education” with “Office of Financial and Academic Affairs for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by changing “one-half” to “four-tenths”, deleting “for accounting, auditing and clerical services”, deleting former Subdiv. (2) re assessment of account for fiscal years ending June 30, 2000, and June 30, 2001, and making a conforming change, effective July 1, 2015; P.A. 16-24 amended Subsec. (a) by adding “distance learning and” and deleting “and home study”, effective July 1, 2016; P.A. 21-45 amended Subsec. (a) by changing statutory reference re authorization of distance learning and correspondence schools from “sections 10a-22a to 10a-22o, inclusive,” to “section 10a-22h”, effective July 1, 2021.

Sec. 10a-22v. (Formerly Sec. 10-14j). Application for refund of tuition. Any student enrolled in a private occupational school authorized in accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, who is unable to complete an approved course or unit of instruction at such school because of the insolvency or cessation of operation of the school and who has paid tuition for such course or unit of instruction, may, not later than two years after the date on which such school became insolvent or ceased operations, make application to the executive director for a refund of tuition from the account established pursuant to section 10a-22u to the extent that such account exists or has reached the level necessary to pay outstanding approved claims, except that in the case of distance learning and correspondence schools authorized in accordance with the provisions of section 10a-22h, only Connecticut residents enrolled in such schools may be eligible for such refund. Upon such application, the executive director shall determine whether the applicant is unable to complete a course or unit of instruction because of the insolvency or cessation of operation of the school to which tuition has been paid. The executive director may summon by subpoena any person, records or documents pertinent to the making of a determination regarding insolvency or cessation of operation. For the purpose of making any tuition refund pursuant to this section, a school shall be deemed to have ceased operation whenever it has failed to complete a course or unit of instruction for which the student has paid a tuition fee and, as a result, the school's authorization has been revoked pursuant to section 10a-22f. If the executive director finds that the applicant is entitled to a refund of tuition because of the insolvency or cessation of operation of the school, the executive director shall determine the amount of an appropriate refund which shall be equal to the tuition paid for the uncompleted course or unit of instruction. Thereafter the executive director shall direct the State Treasurer to pay, per order of the Comptroller, the refund to the applicant or persons, agencies or organizations indicated by the applicant who have paid tuition on the student's behalf. If the student is a minor, payment shall be made to the student's parent, parents or legal guardian. In no event shall a refund be made from the student protection account for any financial aid provided to or on behalf of any student in accordance with the provisions of Title IV, Part B of the Higher Education Act of 1965, as amended from time to time. Each recipient of a tuition refund made in accordance with the provisions of this section shall assign all rights to the state of any action against the school or its owner or owners for tuition amounts reimbursed pursuant to this section. Upon such assignment, the state may take appropriate action against the school or its owner or owners in order to reimburse the student protection account for any expenses or claims that are paid from the account and to reimburse the state for the reasonable and necessary expenses in undertaking such action. Any student who falsifies information on an application for tuition reimbursement shall lose his or her right to any refund from the account.

(P.A. 77-440, S. 2; P.A. 78-158, S. 2, 4; P.A. 79-380, S. 14; P.A. 82-406, S. 1; P.A. 83-150, S. 2, 4; P.A. 93-294, S. 15, 17; P.A. 06-150, S. 18; P.A. 07-164, S. 1; P.A. 09-99, S. 10; P.A. 11-48, S. 242; P.A. 16-24, S. 2; P.A. 17-139, S. 6; P.A. 21-45, S. 7.)

History: P.A. 78-158 allowed refunds to extent fund “has reached the level necessary to pay outstanding approved claims”, made special reference to procedure when correspondence and home study schools are involved, deleted reference to proportionate share of fund when money not sufficient to pay all claims in full, deleted provision for refund to be paid other school at applicant's request and allowed payment to “persons, agencies or organizations …” who have paid tuition on the student's behalf or to parent(s) or guardian(s) if student is a minor; P.A. 79-380 replaced references to repealed Sec. 10-8 with references to Secs. 10-7a to 10-7l and substituted “authorized” for “licensed”; P.A. 82-406 granted board of education subpoena power for purpose of making a determination regarding insolvency; P.A. 83-150 defined “ceased operation” for purposes of making a tuition refund, authorized commissioner rather than state board to make refund determinations, and made provision for assignment of rights to state in any action against school for tuition reimbursed; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-14j transferred to Sec. 10a-22v in 1995; (Revisor's note: In 1997 references to “Student Protection Fund” and “fund” were replaced editorially by the Revisors with references to “student protection account” and “account” to conform section with Sec. 10a-22u); P.A. 06-150 changed internal section references; P.A. 07-164 added provision re student who falsifies information on application for tuition reimbursement shall lose right to refund from student protection account; P.A. 09-99 made a technical change and excluded refund for financial aid provided in accordance with Title IV, Part B of the Higher Education Act of 1965, effective July 1, 2009; P.A. 11-48 replaced “Commissioner of Higher Education” and “commissioner” with “executive director”, effective July 1, 2011; P.A. 16-24 added “distance learning and” and deleted “and home study”, effective July 1, 2016; P.A. 17-139 replaced “a course” with “an approved course”, added “not later than two years after the date on which such school became insolvent or ceased operations”, and deleted “or a portion of” re amount of appropriate refund, effective July 1, 2017; P.A. 21-45 changed statutory reference re authorization of distance learning and correspondence schools from “sections 10a-22a to 10a-22o, inclusive,” to “section 10a-22h”, effective July 1, 2021.

PART II

TUITION CHARGES

Sec. 10a-26a. Waiver of tuition and fees for College Connections program and other manufacturing programs. For the fiscal year ending June 30, 2020, and each fiscal year thereafter, the Board of Regents for Higher Education shall waive tuition and fees for students enrolled at Ansonia High School who participate in (1) the College Connections program at Derby High School, or (2) another manufacturing program offered in Ansonia or Derby, and use funds appropriated for purposes of this section to cover the costs of students participating in such programs.

(P.A. 19-117, S. 67; June Sp. Sess. P.A. 21-2, S. 362.)

History: P.A. 19-117 effective June 26, 2019; June Sp. Sess. P.A. 21-2 deleted “in an amount equal to the appropriation for such purpose”, added Subdiv. designator (1), and added Subdiv. (2) re another manufacturing program offered in Ansonia or Derby and provision re use of funds appropriated for purposes of section, effective July 1, 2021.

PART III

ACADEMIC DEGREES

Sec. 10a-34. (Formerly Sec. 10-330). Licensure or accreditation of programs of higher learning or institutions of higher education. Authority to confer degrees. Review of requests and applications. Appeal of denials. (a) For the purposes of this section, (1) “program of higher learning” means any course of instruction for which it is stated or implied that college or university-level credit may be given or may be received by transfer; (2) “degree” means any letters or words, diploma, certificate or other symbol or document which signifies satisfactory completion of the requirements of a program of higher learning; (3) “institution of higher education” means any person, school, board, association, limited liability company or corporation which is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees; (4) “license” means the authorization by the Office of Higher Education to operate a program of higher learning or institution of higher education for a specified initial period; (5) “accreditation” means the authorization by said office to continue operating a program of higher learning or institution of higher education for subsequent periods, and in such periods to confer specified degrees; (6) “program modification” means (A) a change in a program of higher learning that does not clearly qualify as a new program of higher learning or a nonsubstantive change, including, but not limited to, a new program of higher learning consisting primarily of course work for a previously approved program of higher learning, (B) an approved program of higher learning to be offered at an off-campus location, (C) a change in the title of a degree, or (D) a change in the title of a program of higher learning; and (7) “nonsubstantive change” means (A) a new undergraduate certificate program, within an existing program of higher learning, of not more than thirty semester credit hours that falls under an approved program of higher learning, (B) a new baccalaureate minor of not more than eighteen semester credit hours, (C) a new undergraduate option or certificate program of not more than fifteen semester credit hours, or (D) a new graduate option or certificate program of not more than twelve semester credit hours.

(b) The Office of Higher Education shall establish regulations, in accordance with chapter 54, concerning the requirements for licensure and accreditation, such regulations to concern administration, finance, faculty, curricula, library, student admission and graduation, plant and equipment, records, catalogs, program announcements and any other criteria pertinent thereto, as well as the periods for which licensure and accreditation may be granted, and the costs and procedures of evaluations as provided in subsections (c), (d) and (i) of this section. Said office shall establish academic review commissions to hear each appeal of a denial by said office of an application by an institution of higher education for licensure or accreditation of a program of higher learning or institution of higher education. For each individual appeal, the executive director of said office, or the executive director's designee, shall select a commission that is comprised of four higher education representatives and five business and industry representatives chosen from a panel of thirty-five members, who shall be appointed as follows: (1) The Governor shall appoint five members; (2) the speaker of the House of Representatives shall appoint five members; (3) the president pro tempore of the Senate shall appoint five members; (4) the majority leader of the House of Representatives shall appoint five members; (5) the majority leader of the Senate shall appoint five members; (6) the minority leader of the House of Representatives shall appoint five members; and (7) the minority leader of the Senate shall appoint five members. The executive director of said office, or the executive director's designee, shall ensure that each commission contains at least one member appointed by each of the appointing authorities. Each appointing authority shall select both higher education representatives and business and industry representatives, but not more than three from either category of representatives.

(c) No person, school, board, association or corporation shall confer any degree unless authorized by act of the General Assembly. No application for authority to confer any such degree shall be approved by the General Assembly or any committee thereof, nor shall any such authority be included in any charter of incorporation until such application has been evaluated and approved by the Office of Higher Education in accordance with regulations established by the Office of Higher Education.

(d) The Office of Higher Education shall review all requests and applications for program modifications, nonsubstantive changes, licensure and accreditation. The office shall review each application in consideration of the academic standards set forth in the regulations for licensure and accreditation adopted by said office in accordance with the provisions of subsection (b) of this section. Notwithstanding the provisions of section 10a-34e, any application that is determined by the office to be for (1) a program modification that meets all such academic standards, (2) a nonsubstantive change, (3) licensure, or (4) accreditation shall be deemed approved, and the office shall notify the institution of such approval, not later than forty-five days from the date the office receives such application without requiring any further action from the applicant.

(e) If the executive director of the Office of Higher Education, or the executive director's designee, determines that further review of an application is needed due at least in part to the applicant offering instruction in a new program of higher learning or new degree level, then the executive director or the executive director's designee shall conduct a focused or on-site review. Such applicant shall have an opportunity to state any objection regarding any individual selected to review an application on behalf of the executive director. For purposes of this subsection, “focused review” means a review by an out-of-state curriculum expert; and “on-site review” means a full team evaluation by the office at the institution of higher education.

(f) The executive director of the Office of Higher Education, or the executive director's designee, may require (1) a focused or on-site review of any program application in a field requiring a license to practice in Connecticut, and (2) evidence that a program application in a field requiring a license to practice in Connecticut meets the state or federal licensing requirements for such license.

(g) Any application for licensure of a new institution in this state shall be subject to an on-site review upon a determination by the Office of Higher Education that the application is complete and shall be reviewed at the institutional level for each program as described in subsection (b) of this section. Such process shall be completed not later than nine months from the date said office receives the application.

(h) If the Office of Higher Education denies an application for licensure or accreditation of a program or institution of higher education, the applicant may appeal the denial not later than ten days from the date of denial. The academic review commission shall review the appeal and make a decision on such appeal not later than thirty days from the date the applicant submits the appeal to said office.

(i) No person, school, board, association or corporation shall operate a program of higher learning or an institution of higher education unless it has been licensed or accredited by the Office of Higher Education, nor shall it confer any degree unless it has been accredited in accordance with this section. The office shall accept regional accreditation, in satisfaction of the requirements of this subsection unless the office finds cause not to rely upon such accreditation. If any institution of higher education provides evidence of programmatic accreditation, the office may consider such accreditation in satisfaction of the requirements of this subsection and deem the program at issue in the application for accreditation to be accredited in accordance with this section. National accreditation for Connecticut institutions of higher education accredited prior to July 1, 2013, shall be accepted as being in satisfaction of the requirements of this subsection unless the office finds cause not to rely on such national accreditation.

(j) No person, school, board, association or corporation shall use in any way the term “junior college” or “college” or “university” or use any other name, title, literature, catalogs, pamphlets or descriptive matter tending to designate that it is an institution of higher education, or that it may grant academic or professional degrees, unless the institution possesses a license from, or has been accredited by, the office, nor shall it offer any program of higher learning without approval of the Office of Higher Education.

(k) Accreditation of any program or institution or authority to award degrees granted in accordance with law prior to July 1, 1965, shall continue in effect.

(l) Notwithstanding the provisions of subsections (b) to (j), inclusive, of this section and subject to the authority of the State Board of Education to regulate teacher education programs, an independent institution of higher education, as defined in section 10a-173, shall not require approval by the Office of Higher Education for any new programs of higher learning or any program modifications proposed by such institution until June 30, 2023, and for up to fifteen new programs of higher learning in any academic year or any program modifications proposed by such institution on and after July 1, 2023, provided (1) the institution maintains eligibility to participate in financial aid programs governed by Title IV, Part B of the Higher Education Act of 1965, as amended from time to time, (2) the United States Department of Education has not determined that the institution has a financial responsibility score that is less than 1.5 for the most recent fiscal year for which the data necessary for determining the score is available, and (3) the institution has been located in the state and accredited as a degree-granting institution in good standing for ten years or more by a regional accrediting association recognized by the Secretary of the United States Department of Education and maintains such accreditation status. Each institution that is exempt from program approval by the Office of Higher Education under this subsection shall file with the office (A) on and after July 1, 2023, an application for approval of any new program of higher learning in excess of fifteen new programs in any academic year, (B) a program actions form, as created by the office, prior to students enrolling in any new program of higher learning or any existing program subject to a program modification, and (C) not later than July first, and annually thereafter, (i) until June 30, 2024, a list and brief description of any new programs of higher learning introduced by the institution in the preceding academic year and any existing programs of higher learning discontinued by the institution in the preceding academic year, (ii) the institution's current program approval process and all actions of the governing board concerning approval of any new program of higher learning, and (iii) the institution's financial responsibility composite score, as determined by the United States Department of Education, for the most recent fiscal year for which the data necessary for determining the score is available.

(February, 1965, P.A. 330, S. 13; 1967, P.A. 751, S. 12; 1969, P.A. 344; P.A. 73-408; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 92-126, S. 10, 48; P.A. 95-79, S. 20, 189; P.A. 07-90, S. 1; P.A. 11-48, S. 245; P.A. 12-156, S. 56; P.A. 13-118, S. 1; 13-247, S. 187; 13-261, S. 12; P.A. 16-36, S. 1; P.A. 17-56, S. 5; 17-191, S. 2; P.A. 18-33, S. 1; P.A. 19-26, S. 1; June Sp. Sess. P.A. 21-2, S. 265.)

History: 1967 act amended Subsec. (d) to allow commission to accept regional or national accreditation; Sec. 10-6 transferred to Sec. 10-330 in 1969; 1969 act prohibited operation of program or institution of higher learning “unless it is operated on a nonprofit basis …” in Subsec. (d); P.A. 73-408 deleted requirement that programs and institutions be operated on nonprofit basis; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-330 transferred to Sec. 10a-34 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 92-126 amended Subsec. (d) to require the board to accept national accreditation, where appropriate, unless the board finds cause not to rely upon such accreditation; P.A. 95-79 redefined “institution of higher learning” to include a limited liability company, effective May 31, 1995; P.A. 07-90 made a technical change in Subsec. (b), deleted former Subsec. (g) re fine for violation and redesignated existing Subsec. (h) as Subsec. (g), effective January 1, 2008; P.A. 11-48 amended Subsec. (a) to replace “Board of Governors of Higher Education” with “State Board of Education”, amended Subsec. (b) to replace “Board of Governors of Higher Education” with “Office of Financial and Academic Affairs”, amended Subsec. (c) to replace “Board of Governors of Higher Education” with “State Board of Education” and “the Office of Financial and Academic Affairs for Higher Education”, and amended Subsecs. (d) and (e) to replace “Board of Governors of Higher Education” with “State Board of Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (b) and (c), effective June 15, 2012; P.A. 13-118 amended Subsec. (a) to add Subdiv. (1) to (5) designators, replace references to State Board of Education with references to Office of Higher Education in Subdivs. (4) and (5), make technical changes in Subdivs. (3) and (5), and add Subdivs. (6) and (7) re definitions of “program modification” and “nonsubstantive change”, amended Subsec. (b) to replace provision re advisory council for accreditation with provisions re academic review commissions and make technical changes, amended Subsec. (c) to replace “State Board of Education” with “Office of Higher Education”, added new Subsec. (d) re review of all requests and applications for program modifications, nonsubstantive changes, licensure and accreditation, added new Subsec. (e) re further review of an application, added new Subsec. (f) re focused or on-site review of any program application in a health-related field, added new Subsec. (g) re on-site review of application for licensure of a new institution, added new Subsec. (h) re denial of an application for licensure or accreditation, redesignated existing Subsec. (d) as Subsec. (i) and amended same to replace references to State Board of Education with references to Office of Higher Education, authorize Office of Higher Education to consider evidence of programmatic accreditation and accept national accreditation and make technical changes, redesignated existing Subsec. (e) as Subsec. (j) and amended same to replace references to State Board of Education with references to Office of Higher Education and make technical changes, redesignated existing Subsec. (f) as Subsec. (k), and deleted former Subsec. (g) re temporary licensure, effective July 1, 2013; P.A. 13-247 amended Subsec. (b) to change “twenty-five” to “thirty-five” re members, effective July 1, 2013; P.A. 13-261 amended Subsec. (b) to add new Subdivs. (2) and (3) re appointments for the speaker of the House of Representatives and the president pro tempore of the Senate, redesignate existing Subdivs. (2) to (5) as Subdivs. (4) to (7) and make a technical change, effective July 1, 2013; P.A. 16-36 added Subsec. (l) re new programs of higher learning and program modifications by independent institutions of higher education not subject to approval until July 1, 2018, effective July 1, 2016; P.A. 17-56 amended Subsec. (l) to make technical changes, effective June 20, 2017; P.A. 17-191 amended Subsec. (f) by designating existing provision re focused or on-site review of program application as Subdiv. (1) and amending same to replace “health-related field where a license in Connecticut is required to practice in such field” with “field requiring a license to practice in Connecticut”, and adding Subdiv. (2) re evidence that program application requiring license meets state or federal licensing requirements, effective July 1, 2017; P.A. 18-33 amended Subsec. (l) by replacing “new programs of higher learning and program modifications proposed” with “up to twelve new programs of higher learning in any academic year and any program modifications proposed”, replacing “2018” with “2020”, and substantially revising provision re exempt institutions to file with office including by adding new Subparas. (A) and (B), designating existing provisions as Subpara. (C) and redesignating existing Subparas. (A) to (C) as clauses (i) to (iii), effective July 1, 2018; P.A. 19-26 amended Subsec. (l) by deleting “until July 1, 2020,”, effective July 1, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (l) by deleting allowance for independent institutions of higher education to establish up to 12 new programs and any program modifications without approval of Office of Higher Education, adding allowance for any new programs or modifications without approval until June 30, 2023 and up to 15 new programs and any modifications without approval on and after July 1, 2023, adding “on and after July 1, 2023,” and changing 12 to 15 in Subpara. (A), adding “until June 30, 2024,” in Subpara. (C)(i), and making a technical change, effective July 1, 2021.

Sec. 10a-34e. Review, inspection or investigation of applications for licensure or accreditation or violations. Teach-outs. Closure plans. (a) The Office of Higher Education may conduct any necessary review, inspection or investigation regarding applications for licensure or accreditation or possible violations of this section, sections 10a-34 to 10a-34d, inclusive, section 10a-34g or any applicable regulations of Connecticut state agencies. In connection with any investigation, the executive director or the executive director's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the executive director may seek relief pursuant to section 10a-34d.

(b) If the executive director of the Office of Higher Education determines that an institution of higher education that is not regionally accredited is exhibiting financial and administrative indicators that such institution is in danger of closing, the executive director may require such institution to facilitate a teach-out, as defined in section 10a-22m, provided the executive director and such institution previously discussed a teach-out that ensures that current students of such institution are able to complete their programs without significant impact.

(c) Not later than January 1, 2022, each independent institution of higher education shall submit to the Office of Higher Education a closure plan, which shall include, but need not be limited to, (1) how such institution will respond to a natural disaster, pandemic, data security threat or other catastrophic event that impacts the operations of such institution, and (2) how such institution will manage student records, provide a continuity of education for enrolled students and administer student financial aid and refunds. An independent institution of higher education that is regionally accredited may comply with the requirements of this subsection by submitting to said office the same closure plan that the institution submitted to the regional accreditation agency. If an independent institution of higher education updates its closure plan, then such institution shall submit such updated closure plan not later than thirty days after the governing board of such institution approves such updated closure plan.

(d) Any independent institution of higher education that plans to close permanently shall submit a written notice to the Office of Higher Education not later than thirty days after the governing board of such institution authorizes such closure. Such written notice shall include, but need not be limited to, (1) the planned date of termination of operations; (2) the planned date and location for the transfer of student records; (3) the name and address of the organization that will receive and maintain student records; (4) the name and contact information of the designated office or official who will manage transcript requests; (5) the arrangement for the continued education of enrolled students through the facilitation of a teach-out, as defined in section 10a-22m, or other means; (6) evidence of communication with the United States Department of Education regarding the management of student refunds, state or federal grants and scholarships and state loans; and (7) if such institution is regionally accredited, evidence of communication with the regional accreditation agency regarding such closure.

(P.A. 07-90, S. 6; P.A. 11-48, S. 250; P.A. 12-156, S. 56; P.A. 17-191, S. 1; P.A. 19-87, S. 5; P.A. 21-45, S. 8.)

History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education, or the commissioner's designee,” with “Office of Financial and Academic Affairs for Higher Education” and replaced “commissioner” with “executive director”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 17-191 designated existing provisions re conducting review, inspection or investigation as Subsec. (a) and added Subsec. (b) re teach-out requirement, effective July 1, 2017; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-34g, effective July 1, 2019; P.A. 21-45 added Subsecs. (c) and (d) re filing of closure plans and written notice of plans to close permanently, effective July 1, 2021.

Sec. 10a-34h. Credential database. (a) As used in this section:

(1) “Credential” means a documented award issued by an authorized body, including, but not limited to, a (A) degree or certificate awarded by an institution of higher education, private occupational school or provider of an alternate route to certification program approved by the State Board of Education for teachers, (B) certification awarded through an examination process designed to demonstrate acquisition of designated knowledge, skill and ability to perform a specific job, (C) license issued by a governmental agency which permits an individual to practice a specific occupation upon verification that such individual meets a predetermined list of qualifications, and (D) documented completion of an apprenticeship or job training program; and

(2) “Credential status type” means the official status of a credential which is either active, deprecated, probationary or superseded.

(b) Not later than January 1, 2023, the executive director of the Office of Higher Education, in consultation with the advisory council established pursuant to subsection (c) of this section, shall create a database of credentials offered in the state for the purpose of explaining the skills and competencies earned through a credential in uniform terms and plain language. In creating the database, the executive director shall utilize the minimum data policy of the New England Board of Higher Education's High Value Credentials for New England initiative, the uniform terms and descriptions of Credentials Engine's Credential Transparency Description Language and the uniform standards for comparing and linking credentials in Credential Engine's Credential Transparency Description Language-Achievement Standards Network. At a minimum, the database shall include the following information for each credential: (1) Credential status type, (2) the entity that owns or offers the credential, (3) the type of credential being offered, (4) a short description of the credential, (5) the name of the credential, (6) the Internet web site that provides information relating to the credential, (7) the language in which the credential is offered, (8) the estimated duration for completion, (9) the industry related to the credential which may include its code under the North American Industry Classification System, (10) the occupation related to the credential which may include its code under the standard occupational classification system of the Bureau of Labor Statistics of the United States Department of Labor or under The Occupational Information Network, (11) the estimated cost for earning the credential, and (12) a listing of online or physical locations where the credential is offered.

(c) There is established an advisory council for the purpose of advising the executive director of the Office of Higher Education on the implementation of the database created pursuant to subsection (b) of this section. The advisory council shall consist of (1) representatives from the Office of Workforce Strategy, Office of Higher Education, Office of Policy and Management, Labor Department, Department of Education, Connecticut State Colleges and Universities, The University of Connecticut and independent institutions of higher education, and (2) the Chief Data Officer, or such officer's designee. The Chief Workforce Officer, the Chief Data Officer and the executive director of the Office of Higher Education, or their designees, shall be cochairpersons of the advisory council and shall schedule the meetings of the advisory council.

(d) Not later than July 1, 2024, and annually thereafter, each regional workforce development board, community action agency, as defined in section 17b-885, institution of higher education, private occupational school, provider of an alternate route to certification program approved by the State Board of Education, and provider of a training program listed on the Labor Department's Eligible Training Provider List shall submit information, in the form and manner prescribed by the executive director of the Office of Higher Education, about any credential offered by such institution, school or provider for inclusion in the database created pursuant to subsection (b) of this section. Such information shall include, but need not be limited to, the data described in subdivisions (1) to (12), inclusive, of subsection (b) of this section, except an institution of higher education may omit the data required pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section if such data is not applicable to a credential offered by such institution.

(e) Nothing in this section shall be construed to require any state agency or department to submit credential information to the database created pursuant to subsection (b) of this section.

(f) The Labor Department may, in consultation with the advisory council established pursuant to subsection (c) of this section, require any program sponsor of a preapprenticeship or apprenticeship program registered with the department to submit information about such program to the Office of Higher Education for inclusion in such database.

(June Sp. Sess. P.A. 21-2, S. 264.)

History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.

Sec. 10a-34i. Credentials of value. Report re in-demand credentials. (a) The Office of Workforce Strategy, established pursuant to section 4-124w, shall, in consultation with the Chief Data Officer, the Board of Trustees of The University of Connecticut, the Board of Regents for Higher Education, the Labor Commissioner, the Commissioner of Education, the executive director of the Office of Higher Education or any other stakeholder as identified by the Chief Workforce Officer, establish standards for designating certain credentials, as defined in section 10a-34h, as credentials of value. Such standards may include, but need not be limited to, meeting the workforce needs of employers in the state, completion rates, net cost, whether the credential transfers to or stacks onto another credential of value, average time to completion, types of employment opportunities available upon completion and earnings upon completion. The Office of Workforce Strategy shall not require the submission of an application or any other information from a provider of a credential for such credential to be designated a credential of value.

(b) Not later than September 1, 2022, and every two years thereafter until September 1, 2028, the Chief Workforce Officer shall submit to the Board of Regents for Higher Education, the Governor and, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to commerce and higher education and employment advancement a report on (1) credentials, as defined in section 10a-34h, and skills that are in demand in the labor market and that lead to quality jobs, and (2) models and examples of associate degree programs that result in students earning an industry-recognized credential within twelve months from enrollment and is a pathway to one or more bachelor's degree programs.

(June Sp. Sess. P.A. 21-2, S. 206, 207.)

History: June Sp. Sess. P.A. 21-2, S. 206 and 207 codified by the Revisors as Subsecs. (a) and (b), effective July 1, 2021.

Sec. 10a-35a. Authority over establishment of new academic programs. (a) Notwithstanding sections 10a-34 to 10a-35, inclusive, the Board of Regents for Higher Education shall have the authority, in accordance with the provisions of said sections and the standards set forth in any regulations promulgated thereunder, to (1) review and approve recommendations for the establishment of new academic programs for the universities within the Connecticut State University System, the regional community-technical colleges and Charter Oak State College, and (2) until June 30, 2024, report all new programs and program changes to the Office of Higher Education.

(b) Notwithstanding sections 10a-34 to 10a-35, inclusive, the Board of Trustees for The University of Connecticut shall (1) have the authority, in accordance with the provisions of said sections and the standards set forth in any regulations promulgated thereunder, to review and approve recommendations for the establishment of new academic programs at the university, and (2) until June 30, 2024, report all new programs and program changes to the Office of Higher Education.

(P.A. 11-48, S. 253; 11-61, S. 108; P.A. 13-118, S. 6; P.A. 14-91, S. 1; 14-117, S. 6; June Sp. Sess. P.A. 21-2, S. 267.)

History: P.A. 11-48 effective July 1, 2011; P.A. 11-61 added “in this state” re public institutions of higher education, effective July 1, 2011; P.A. 13-118 designated existing provisions as Subsec. (a) and amended same to replace reference to public institutions of higher education with “the state colleges within the Connecticut State University System, the regional community-technical colleges and the Board for State Academic Awards” and make technical changes and added Subsec. (b) re authority of the Board of Trustees for The University of Connecticut to review and approve new academic programs and report new programs and program changes, effective July 1, 2013; P.A. 14-91 amended Subsec. (a) to delete former Subdivs. (1) to (3) re authority over academic degrees, add provision re standards set forth in regulations and add new Subdivs. (1) and (2) re authority over establishment of new academic programs, and amended Subsec. (b)(1) to add provision re review and approval in accordance with cited sections and standards set forth in regulations and add “at the university”, effective July 1, 2014; P.A. 14-117 amended Subsec. (a) to change “the Board for State Academic Awards” to “Charter Oak State College”, effective July 1, 2014 (Revisor's note: In Subsec. (a), a reference to “the Board for State Academic Awards” added by P.A. 14-91 was changed editorially by the Revisors to “Charter Oak State College” to conform with changes made by P.A. 14-117); June Sp. Sess. P.A. 21-2 amended Subsecs. (a)(2) and (b)(2) by adding “until June 30, 2024,”, effective July 1, 2021.

PART V

MISCELLANEOUS

Sec. 10a-44d. Connecticut Open Educational Resource Coordinating Council. Members. Duties. Reports. (a) For the purposes of this section:

(1) “Open educational resource” means a college level resource made available on an Internet web site to be used by students, faculty and members of the public on an unlimited basis at a cost lower than the market value of the printed textbook or other educational resource, including full courses, course materials, modules, textbooks, streaming videos, tests, software and other similar teaching, learning and research resources that reside in the public domain or have been released under a creative commons attribution license that permits the free use and repurposing of such resources;

(2) “Creative commons attribution license” means a copyright crediting the author of a digital work product that allows for the free use and distribution of such work product; and

(3) “High-impact course” means a course of instruction for which open educational resources would make a significant positive financial impact on the students taking the course due to the number of students taking the course or the market value of the printed textbook or other educational resources required for such course.

(b) There is established the Connecticut Open Educational Resource Coordinating Council, which shall be part of the Executive Department. The executive director of the Office of Higher Education shall appoint the members of the council which shall consist of the following: (1) A state-wide coordinator, who shall collaborate with all institutions of higher education to promote open educational resources and administer grants; (2) one faculty member, one administrator and one staff member from The University of Connecticut; (3) one faculty member, one administrator and one staff member from the regional community-technical college system; (4) one faculty member, one administrator and one staff member from Charter Oak State College; (5) one faculty member, one administrator and one staff member from the Connecticut State University System; (6) one faculty member, one administrator and one staff member from the independent institutions of higher education; and (7) one student from any public or independent institution of higher education in the state. All initial appointments to the council shall be made not later than September 1, 2019, and shall expire on August 30, 2022, regardless of when the initial appointment was made. Any member of the council may serve more than one term.

(c) The state-wide coordinator appointed by the executive director of the Office of Higher Education shall serve as the chairperson of the council. The chairperson shall schedule the first meeting of the council, which shall be held not later than October 1, 2019. The administrative staff of the Office of Higher Education shall serve as administrative staff of the council.

(d) Appointed members of the council shall serve for three-year terms which shall commence on the date of appointment, except as provided in subsection (b) of this section. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled by the executive director of the Office of Higher Education. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term. A majority of the council shall constitute a quorum for the transaction of any business. The members of the council shall serve without compensation, but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties.

(e) The council shall perform the following functions:

(1) Identify high-impact courses for which open educational resources will be developed, converted or adopted;

(2) Establish a program of competitive grants for faculty members of institutions of higher education in the state for the development, conversion or adoption of open educational resources for high-impact courses with any funds identified by the council and within available appropriations;

(3) Accept, review and approve competitive grant applications, provided any faculty member who is approved for a competitive grant shall license such open educational resources through a creative commons attribution license;

(4) Administer a standardized review and approval process for the development, conversion or adoption of open educational resources; and

(5) Promote strategies for the production, use and access of open educational resources.

(f) The council shall meet quarterly, or as often as deemed necessary by a majority of the council.

(g) Not later than February 1, 2022, and annually thereafter, the council shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education regarding (1) the number and percentage of high-impact courses for which open educational resources have been developed, (2) the degree to which institutions of higher education promote the use and access to open educational resources, (3) the amount of grants awarded by the council and the number of open educational resources developed by grant recipients, and (4) its recommendations for any amendments to the general statutes necessary to develop open educational resources.

(P.A. 19-117, S. 147; P.A. 21-132, S. 13.)

History: P.A. 19-117 effective July 1, 2019; P.A. 21-132 amended Subsec. (g) by changing “January 1, 2021” to “February 1, 2022” effective July 1, 2021.

Sec. 10a-55a. Uniform campus crime and safety incident reports. Emergency response plans. (a) Each institution of higher education shall annually prepare a uniform campus crime and safety incident report concerning crimes committed and accidents occurring in the immediately preceding calendar year within the geographical limits of the property owned or under the control of such institution. The portions of such report concerning criminal offenses shall be in accordance with the uniform crime reporting system pursuant to section 29-1c, provided such report is limited to those offenses included in part I of the most recently published edition of the Uniform Crime Reports for the United States as authorized by the Federal Bureau of Investigation and the United States Department of Justice, sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or sections 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e and family violence as designated under section 46b-38h. The state police, local police departments and special police forces established pursuant to section 10a-156b shall cooperate with institutions of higher education in preparing such reports. Institutions with more than one campus shall prepare such reports for each campus.

(b) Each annual report prepared pursuant to subsection (a) of this section shall include (1) the number of full-time equivalent students, (2) the number of full-time equivalent employees, (3) the number of students and employees residing in campus housing, (4) for any accident that occurred during the immediately preceding calendar year within the geographical limits of the property owned or under the control of an institution of higher education, including, but not limited to, campuses or dormitories in another country owned or under the control of an institution of higher education for the purposes of an international studies or international exchange program, (A) the number of such accidents that resulted in serious physical injury, as defined in section 53a-3, and (B) the number of such accidents that resulted in death, and (5) for each category of criminal offense, the number of incidents reported and the crime rate. The crime rate shall be equal to the number of incidents reported divided by the total number of full-time equivalent students and employees.

(c) On or before October 1, 2007, each institution of higher education and private occupational school, as defined in section 10a-22a, shall have an emergency response plan. On or before October 1, 2007, and annually thereafter, each institution of higher education and private occupational school shall submit a copy of its emergency response plan to (1) the Commissioner of Emergency Services and Public Protection, and (2) local first responders. Such plan shall be developed in consultation with such first responders and shall include a strategy for notifying students and employees of the institution or school and visitors to such institution or school of emergency information.

(d) Each institution of higher education shall notify, in writing, each person who submits an application for admission to the institution, each new employee at the time of employment and all students and employees annually at the beginning of each academic year of the availability of the report prepared pursuant to subsection (a) of this section and shall, upon request, provide the most recent report to any such applicant, employee or student.

(P.A. 90-259, S. 2; P.A. 92-83, S. 1; P.A. 07-208, S. 3; P.A. 11-48, S. 285; 11-51, S. 154; P.A. 14-11, S. 1; P.A. 16-15, S. 27; P.A. 19-189, S. 1; P.A. 21-184, S. 1.)

History: P.A. 92-83 added sexual assault offenses to those required to be reported; P.A. 07-208 added new Subsec. (c) re emergency response plans and redesignated existing Subsec. (c) as Subsec. (d), effective July 1, 2007; pursuant to P.A. 11-48, “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education” in Subsec. (a), effective July 1, 2011; P.A. 11-51 amended Subsec. (c)(1) by replacing “Commissioners of Public Safety and Emergency Management and Homeland Security” with “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 14-11 amended Subsec. (a) by changing the annual reporting deadline from September 1 to October 1 and adding stalking and family violence to the list of reportable crimes, effective July 1, 2014; P.A. 16-15 amended Subsec. (a) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 19-189 amended Subsec. (a) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019” and made a technical change; P.A. 21-184 amended Subsec. (a) by deleting “On or before October 1, 1991, and annually thereafter, each” and “in such manner as the president of the Connecticut State Colleges and Universities shall prescribe”, adding reference to safety incident and criminal offenses re report and requiring report to include accidents, and amended Subsec. (b) by adding new Subdiv. (4) re reporting of accidents that result in serious physical injury and death and redesignating existing Subdiv. (4) as Subdiv. (5), and made technical and conforming changes, effective July 1, 2021.

Sec. 10a-55d. Definitions. For purposes of sections 10a-55e to 10a-55h, inclusive, and 10a-80c:

(1) “Green technology” means technology that (A) promotes clean energy, renewable energy or energy efficiency, (B) reduces greenhouse gases or carbon emissions, or (C) involves the invention, design and application of chemical products and processes to eliminate the use and generation of hazardous substances; and

(2) “Green jobs” means jobs in which green technology is employed and may include the occupation codes identified as green jobs by the United States Bureau of Labor Statistics and any codes identified as green jobs by the Labor Department and the Department of Economic and Community Development.

(P.A. 10-156, S. 7; June Sp. Sess. P.A. 21-2, S. 235.)

History: June Sp. Sess. P.A. 21-2 deleted reference to Sec. 31-3oo, effective July 1, 2021.

Sec. 10a-55f. Development of career ladders and lattices in green technology industry. Public institutions of higher education, in consultation with the regional workforce development boards, shall support any efforts to develop career ladders and lattices in the green technology industry, particularly for those workers who gained entry into such fields as a result of funds made available pursuant to the American Recovery and Reinvestment Act of 2009.

(P.A. 10-156, S. 4; P.A. 21-40, S. 11.)

History: P.A. 21-40 made a technical change.

Sec. 10a-55g. Publication of career ladder in green technology industry. Not later than July 1, 2020, the Office of Higher Education and the Labor Department shall each publish on their respective Internet web sites the career ladder for jobs in the green technology industry established and updated by the Office of Workforce Strategy in accordance with section 31-3rr and an inventory of green jobs related equipment used by technical education and career schools and institutions of higher education.

(P.A. 10-156, S. 5; P.A. 11-48, S. 285; P.A. 12-116, S. 87; P.A. 17-63, S. 5; 17-237, S. 89; P.A. 19-35, S. 20; June Sp. Sess. P.A. 21-2, S. 236.)

History: Pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-116, “regional vocational-technical schools” was changed editorially by the Revisors to “technical high schools”, effective July 1, 2012; P.A. 17-63 replaced “Board of Regents for Higher Education” with “Office of Higher Education”, effective June 30, 2017; P.A. 17-237 replaced “technical high schools” with “technical education and career schools” and made a technical change, effective July 1, 2017; P.A. 19-35 added “Not later than July 1, 2020,” replaced provision re consultation with Department of Education with reference to Labor Department, deleted provision re annual preparation, deleted provision re list of every green jobs course and program, added provision re career ladder for jobs in green technology industry, added reference to Sec. 31-3rr and made a technical change, effective July 1, 2019; June Sp. Sess. P.A. 21-2 replaced “Office of Workforce Competitiveness” with “Office of Workforce Strategy”, effective July 1, 2021.

Sec. 10a-55i. Higher Education Consolidation Committee. (a) There is established a Higher Education Consolidation Committee which shall be convened by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to higher education or such chairpersons' designee, who shall be a member of such joint standing committee. The membership of the Higher Education Consolidation Committee shall consist of the higher education subcommittee on appropriations and the chairpersons, vice chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations. The Higher Education Consolidation Committee shall establish a meeting and public hearing schedule for purposes of receiving updates from (1) the Board of Regents for Higher Education on the progress of the consolidation of the state system of higher education pursuant to this section, section 4-9c, subsection (g) of section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection (a) of section 7-608, subsection (a) of section 10-9, section 10-155d, subdivision (14) of section 10-183b, sections 10a-1a to 10a-1d, inclusive, 10a-3 and 10a-3a, 10a-8, 10a-10a to 10a-11a, inclusive, 10a-17d and 10a-22a, subsections (f) and (h) of section 10a-22b, subsections (c) and (d) of section 10a-22d, sections 10a-22h and 10a-22k, subsection (a) of section 10a-22n, sections 10a-22r, 10a-22s, 10a-22u, 10a-22v, 10a-22x and 10a-34 to 10a-35a, inclusive, subsection (a) of section 10a-48a, sections 10a-71 and 10a-72, subsections (c) and (f) of section 10a-77, section 10a-88, subsection (a) of section 10a-89, subsection (c) of section 10a-99 and sections 10a-102, 10a-104, 10a-105, 10a-109e, 10a-143 and 10a-168a, and (2) the Board of Regents for Higher Education and The University of Connecticut on the program approval process for the constituent units. The Higher Education Consolidation Committee shall convene its first meeting on or before September 15, 2011, and meet not less than once every two months.

(b) The Office of Higher Education shall enter into a memorandum of understanding with the Office of Legislative Management providing that up to one hundred thousand dollars appropriated to said Office of Higher Education shall be used by the Higher Education Consolidation Committee to hire a consultant to assist said committee in fulfilling its duties.

(P.A. 11-48, S. 231; P.A. 12-156, S. 43; P.A. 13-247, S. 178, 186; 13-261, S. 11; 13-299, S. 8; June Sp. Sess. P.A. 21-2, S. 196.)

History: P.A. 11-48 effective July 1, 2011; P.A. 12-156 amended Subsec. (b) to replace reference to Office of Financial and Academic Affairs for Higher Education with reference to Office of Higher Education and make a technical change, effective June 15, 2012; P.A. 13-247 amended Subsec. (a) to delete references to Secs. 10a-37(e), 10a-38 to 10a-40, 10a-42, 10a-42g, 10a-163a, 10a-164a and 10a-170, and to move Subdiv. (1) designator and require report from the Board of Regents for Higher Education and The University of Connecticut on the program approval process, effective July 1, 2013; P.A. 13-261 amended Subsec. (a) to add Subdiv. (2) re program approval process and add Subdiv. (1) designator, effective July 1, 2013; P.A. 13-299 amended Subsec. (a) to make a technical change and delete references to Secs. 4d-90(a) and 10a-55i, effective July 1, 2013; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to delete reference to Secs. 10a-6a(a) and 10a-6b, effective June 23, 2021.

Sec. 10a-55m. Sexual assault, stalking and intimate partner violence policies. Affirmative consent. Prevention and awareness programming and campaigns. Anonymous reporting and disclosure. Notification of victim's rights and options. Report. (a) For purposes of this section and sections 10a-55n to 10a-55s, inclusive:

(1) “Affirmative consent” means an active, clear and voluntary agreement by a person to engage in sexual activity with another person;

(2) “Awareness programming” means institutional action designed to inform the campus community of the affirmative consent standard used pursuant to subdivision (1) of subsection (b) of this section, and communicate the prevalence of sexual assaults, stalking and intimate partner violence, including the nature and number of cases of sexual assault, stalking and intimate partner violence reported at or disclosed to each institution of higher education in the preceding three calendar years, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;

(3) “Bystander intervention” means the act of challenging the social norms that support, condone or permit sexual assault, stalking and intimate partner violence;

(4) “Institution of higher education” means an institution of higher education, as defined in section 10a-55, and a for-profit institution of higher education licensed to operate in this state, but shall not include Charter Oak State College for purposes of subsections (c) and (f) of this section and sections 10a-55n to 10a-55p, inclusive;

(5) “Intimate partner violence” means any physical or sexual harm against an individual by a current or former spouse of or person in a dating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, stalking under section 53a-181c, 53a-181d or 53a-181e, or family violence as designated under section 46b-38h;

(6) “Primary prevention programming” means institutional action and strategies intended to prevent sexual assault, stalking and intimate partner violence before it occurs by means of changing social norms and other approaches, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;

(7) “Sexual assault” means a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a;

(8) “Stalking” means stalking under section 53a-181c, 53a-181d or 53a-181e; and

(9) “Uniform campus crime report” means a campus crime report prepared by an institution of higher education pursuant to section 10a-55a.

(b) Each institution of higher education shall adopt and disclose in such institution's annual uniform campus crime report one or more policies regarding sexual assault, stalking and intimate partner violence. Such policy or policies shall include provisions for:

(1) Informing students and employees that, in the context of an alleged violation of the policy or policies regarding sexual assault and intimate partner violence, (A) affirmative consent is the standard used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, (B) affirmative consent may be revoked at any time during the sexual activity by any person engaged in the sexual activity, (C) it is the responsibility of each person to ensure that he or she has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that the affirmative consent is sustained throughout the sexual activity, (D) it shall not be a valid excuse to an alleged lack of affirmative consent that the student or employee responding to the alleged violation believed that the student or employee reporting or disclosing the alleged violation consented to the sexual activity (i) because the responding student or employee was intoxicated or reckless or failed to take reasonable steps to ascertain whether the student or employee reporting or disclosing the alleged violation affirmatively consented, or (ii) if the responding student or employee knew or should have known that the student or employee reporting or disclosing the alleged violation was unable to consent because such student or employee was unconscious, asleep, unable to communicate due to a mental or physical condition, or incapacitated due to the influence of drugs, alcohol or medication, and (E) the existence of a past or current dating or sexual relationship between the student or employee reporting or disclosing the alleged violation and the responding student or employee, in and of itself, shall not be determinative of a finding of affirmative consent;

(2) Detailing the procedures that students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence may follow after the commission of such assault, stalking or violence, regardless of where such incidences occurred, including persons or agencies to contact and information regarding the importance of preserving physical evidence of such assault, stalking or violence;

(3) Providing students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence both concise, written contact information for and, if requested, professional assistance in accessing and utilizing campus, local advocacy, counseling, health and mental health services, and concise information, written in plain language, concerning the rights of such students and employees to (A) notify law enforcement of such assault, stalking or violence and receive assistance from campus authorities in making any such notification, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r, against the perpetrator of such assault, stalking or violence;

(4) Notifying such students and employees of any reasonably available options for and available assistance from such institution in changing academic, living, campus transportation or working situations in response to sexual assault, stalking or intimate partner violence;

(5) Honoring any lawful protective or temporary restraining orders, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r;

(6) Disclosing a summary of such institution's student investigation and disciplinary procedures, including clear statements advising that (A) a student or employee who reports or discloses being a victim of sexual assault, stalking or intimate partner violence shall have the opportunity to request that an investigation begin promptly, (B) the investigation and any disciplinary proceedings shall be conducted by an official trained annually in issues relating to sexual assault, stalking and intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault, stalking or violence, (C) both the student or employee who reports or discloses the alleged assault, stalking or violence and the student responding to such report or disclosure (i) are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault, stalking or violence by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and (ii) shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding, (D) both the student or employee reporting or disclosing the alleged assault stalking or violence and such responding student are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding, (E) the institution of higher education shall not disclose the identity of any party to an investigation or disciplinary proceeding, except as necessary to carry out the investigation or disciplinary proceeding or as permitted under state or federal law, (F) a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, and (G) a student or employee who reports or discloses the alleged assault, stalking or violence shall not be subject to disciplinary action by the institution of higher education for violation of a policy of such institution concerning the use of drugs or alcohol if (i) the report or disclosure was made in good faith, and (ii) the violation of such policy did not place the health or safety of another person at risk;

(7) Disclosing a summary of such institution's employee investigation and disciplinary procedures, including clear statements advising that a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity; and

(8) Disclosing the range of sanctions that may be imposed following the implementation of such institution's student and employee disciplinary procedures in response to such assault, stalking or violence.

(c) Each institution of higher education shall provide (1) annual sexual assault, stalking and intimate partner violence primary prevention and awareness programming for all students and employees that includes an explanation of the definition of affirmative consent in sexual relationships, information concerning the reporting of incidences of such assaults, stalking and violence and strategies for bystander intervention and risk reduction; and (2) ongoing sexual assault, stalking and intimate partner violence prevention and awareness campaigns.

(d) Each institution of higher education may provide the option for any student or employee of such institution who is the victim of a sexual assault, stalking or intimate partner violence to report or disclose such assault, stalking or violence to such institution anonymously. Each such institution shall notify any such student or employee of the institution's obligations under state or federal law, if any, to (1) investigate or address such assault, stalking or violence and (2) assess whether the report triggers the need for a timely warning or emergency notification, as described in 34 CFR 668.46(e), which obligations, in limited circumstances, may result in the learning of such victim's identity.

(e) Each institution of higher education shall provide concise notification, written in plain language, to each student and employee of such institution who reports or discloses having been the victim of sexual assault, stalking or intimate partner violence, immediately upon receiving a report or disclosure of such assault, stalking or violence, of such student's or employee's rights and options under such institution's policy or policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section.

(f) Not later than October 1, 2015, and annually thereafter, each institution of higher education shall report to the joint standing committee of the General Assembly having cognizance of matters relating to higher education, in accordance with the provisions of section 11-4a, concerning, for the immediately preceding calendar year, (1) a copy of its most recent policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section, or any revisions thereto, (2) a copy of its most recent concise written notification of the rights and options of a student or employee who reports or discloses an alleged violation of its sexual assault, stalking and intimate partner violence policy or policies required pursuant to subsection (e) of this section, (3) the number and type of sexual assault, stalking and intimate partner violence prevention, awareness and risk reduction programs at the institution, (4) the type of sexual assault, stalking and intimate partner violence prevention and awareness campaigns held by the institution, (5) the number of incidences of sexual assault, stalking and intimate partner violence reported or disclosed to such institution, (6) the number of confidential or anonymous reports or disclosures to the institution of sexual assault, stalking and intimate partner violence, (7) the number of disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, (8) the final outcome of all disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, including, but not limited to, the outcome of any appeals of such final outcome, to the extent reporting on such outcomes does not conflict with federal law, and (9) on a biennial basis, the summary results of the sexual misconduct climate assessment conducted by the institution pursuant to section 10a-55s.

(g) Nothing in this section shall be interpreted to prohibit Charter Oak State College from providing, either in person or electronically, optional sexual assault, stalking and intimate partner violence prevention and awareness programming for all students and employees of said college.

(h) Nothing in this section shall be interpreted as requiring an institution of higher education to adopt, verbatim, the definition of “affirmative consent” set forth in subsection (a) of this section, provided the institution of higher education, in the exercise of its sole authority to adopt a definition of “affirmative consent”, uses a definition of “affirmative consent” that has the same meaning as or a meaning that is substantially similar to the definition set forth in subsection (a) of this section.

(P.A. 12-78, S. 1; P.A. 14-11, S. 2; 14-217, S. 163, 164; P.A. 16-106, S. 1; P.A. 19-189, S. 2; P.A. 21-81, S. 1, 4.)

History: P.A. 12-78 effective July 1, 2012; P.A. 14-11 amended Subsec. (a) by adding new Subdiv. (2) defining “bystander intervention” and Subdiv. (7) defining “stalking”, redesignating existing Subdivs. (2) to (6) as Subdivs. (3) to (5) and (8) and redefining “awareness programming”, “institution of higher education”, “intimate partner violence”, and “primary prevention programming” therein, amended Subsec. (b) by adding stalking to crimes for which policies are required, requiring policies to address employees of the institution and incidences that occur off-campus, requiring annual training for official conducting disciplinary proceedings, and making technical changes, amended Subsec. (c) by requiring that institutions provide annual programming regardless of budgetary resources and that such programming include stalking, and added Subsec. (d) re anonymous reporting or disclosing, Subsec. (e) re notification of victim's rights and options and Subsec. (f) re institutions reporting to the General Assembly, effective July 1, 2014; P.A. 14-217 redefined “institution of higher education” in Subsec. (a)(3) and added Subsec. (g) re Charter Oak State College providing optional prevention and awareness programming, effective July 1, 2014; P.A. 16-106 amended Subsec. (a) by adding new Subdiv. (1) defining “affirmative consent”, redesignating existing Subdiv. (1) re awareness programming as Subdiv. (2) and amending same to redefine “awareness programming”, and redesignating existing Subdivs. (2) to (8) as Subdivs. (3) to (9), amended Subsec. (b) re adoption and disclosure of sexual assault policies by adding new Subdiv. (1) re informing students and employees re affirmative consent, redesignating existing Subdivs. (1) to (4) as Subdivs. (2) to (5), redesignating existing Subdiv. (5) re summary of institution's student disciplinary procedures as Subdiv. (6) and amending same by replacing references to “victim” with references to “student or employee who reports or discloses being a victim”, replacing “accused” with “student responding to such report or disclosure”, adding references to investigation and adding Subpara. (F) re affirmative consent, redesignating existing Subdiv. (6) re summary of institution's employee disciplinary procedures as Subdiv. (7) and amending same to add provisions re affirmative consent, and redesignating existing Subdiv. (7) re range of sanctions as Subdiv. (8), amended Subsec. (e) by adding “reports or discloses having”, added Subsec. (h) re adoption of definition of “affirmative consent”, and made technical and conforming changes, effective July 1, 2016; P.A. 19-189 amended Subsec. (a)(5) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019”; P.A. 21-81 amended Subsec. (a) by adding reference to Secs. 10a-55r and 10a-55s, amended Subsec. (b) by changing “such assault, stalking or violence” to “sexual assault, stalking or intimate partner violence” in Subdivs. (4) and (6) and further amended Subdiv. (6) by adding Subpara. (G) re not subjecting student or employee who reports sexual assault, stalking or intimate partner violence to disciplinary action for violation of drug or alcohol policy, and amended Subsec. (f) by adding Subdiv. (9) re summary results of sexual misconduct climate assessment, effective July 1, 2021.

Sec. 10a-55r. Council on Sexual Misconduct Climate Assessments. Membership. Duties. (a) There is established a Council on Sexual Misconduct Climate Assessments, which shall be part of the Legislative Department. The council shall have the following powers and duties: (1) Develop a list of data points to be collected by institutions of higher education through student responses to sexual misconduct climate assessments. Such data points shall include, but not be limited to, data regarding (A) student awareness of institutional policies and procedures related to sexual assault, stalking and intimate partner violence, (B) if a student reported sexual assault, stalking or violence to an institution of higher education or law enforcement, the response to and results of such report, and (C) student perceptions of campus safety; (2) recommend one or more sexual misconduct climate assessments that collect the data points identified by the council; (3) recommend guidelines for the implementation of such assessments, which shall include, but need not be limited to, procedures for (A) achieving a high rate of response to such assessments to ensure statistically accurate survey results, (B) protecting the confidentiality of respondents to such assessments, and (C) receiving responses to such assessments from as broad and diverse a segment of the student population as possible; and (4) perform such other acts as may be necessary and appropriate to carry out the duties described in this section.

(b) The council shall consist of the following members:

(1) The cochairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement;

(2) One appointed by the speaker of the House of Representatives, who has expertise in the development and design of sexual misconduct climate assessments;

(3) One appointed by the president pro tempore of the Senate, who has expertise in statistics, data analytics or econometrics related to higher education assessments;

(4) One appointed by the minority leader of the House of Representatives, who shall be a representative of the Victim Rights Center of Connecticut;

(5) One appointed by the minority leader of the Senate, who shall be a Title IX coordinator at an institution of higher education in the state;

(6) The Commissioner of Public Health, or the commissioner's designee;

(7) The president of The University of Connecticut, or the president's designee;

(8) Two designated by the Board of Regents for Higher Education, one of whom represents the Connecticut State University System and one of whom represents the regional community-technical college system;

(9) One designated by the Connecticut Conference of Independent Colleges, who represents the independent institutions of higher education in the state;

(10) Three designated by the Connecticut Alliance to End Sexual Violence, one of whom is a victim of sexual assault or intimate partner violence who resides in a rural community in the state, one of whom is a victim of sexual assault or intimate partner violence who resides in an urban community in the state and at least one of whom is a person who is black, indigenous or a person of color;

(11) One designated by the Connecticut Coalition Against Domestic Violence, who is a victim of intimate partner violence;

(12) One designated by True Colors, Inc., who identifies as lesbian, gay, bisexual, transgender or a queer;

(13) The staff director of the Every Voice Coalition of Connecticut, or the staff director's designee; and

(14) Three students, designated by the Every Voice Coalition of Connecticut, one of whom is enrolled at a public institution of higher education, one of whom is enrolled at an independent institution of higher education and at least one of whom is a person who is black, indigenous or a person of color.

(c) Any member of the council appointed or designated under subsection (b) of this section may be a member of the General Assembly.

(d) All initial appointments to the council shall be made not later than sixty days after July 1, 2021, and shall terminate on June 30, 2026, regardless of when the initial appointment or designation was made. Any member of the council may serve more than one term.

(e) The cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to higher education shall jointly select the chairperson of the council from among the members of the council. The chairperson of the council shall schedule the first meeting of the council, which shall be held not later than sixty days after July 1, 2021.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to higher education shall serve as administrative staff of the council.

(g) Members of the council who are appointed or designated shall serve for four-year terms, which shall commence on the date of appointment, except as provided in subsection (d) of this section. Members shall continue to serve until their successors are appointed or designated.

(h) Any vacancy shall be filled by the appointing or designating authority not later than thirty days after the vacancy occurs. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term.

(i) A majority of the council shall constitute a quorum for the transaction of any business.

(j) The members of the council shall serve without compensation, but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties.

(k) The council shall meet as often as deemed necessary by the chairperson or a majority of the council. Any appointed or designated member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the council.

(l) Not later than January 1, 2022, and every two years thereafter, the council shall submit, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education and to each institution of higher education in the state the (1) list of data points developed by the council, and (2) recommended sexual misconduct climate assessments and guidelines for the implementation of such assessments.

(P.A. 21-81, S. 2; June Sp. Sess. P.A. 21-2, S. 125.)

History: P.A. 21-81 effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (b)(1) by adding “and ranking members” and Subsecs. (d) and (e) by substituting “July 1, 2021,” for “the effective date of this section”, effective July 1, 2021.

Sec. 10a-55s. Sexual misconduct climate assessments. (a) On or before March 1, 2023, and every two years thereafter, each institution of higher education in the state shall conduct a sexual misconduct climate assessment that collects the data points developed by the Council on Sexual Misconduct Climate Assessments, pursuant to section 10a-55r, and distribute such assessment to each enrolled student in accordance with the guidelines recommended by said council. An institution may use any sexual misconduct climate assessment, including, but not limited to, one recommended by the council or developed by an institution of higher education or a national association, provided such assessment collects all of the data points developed by the council.

(b) Each institution of higher education shall include with the sexual misconduct climate assessment a statement that (1) the identity of assessment respondents shall be confidential, (2) students should not disclose personally identifying information with their assessment responses, and (3) no assessment responses may be used as a basis of disciplinary action or legal proceeding.

(c) Not later than six months after the distribution of the sexual misconduct climate assessment pursuant to subsection (a) of this section, and every two years thereafter, each institution of higher education in the state shall post on its Internet web site (1) the campus-level results of the sexual misconduct climate assessment, (2) its uniform campus crime report prepared pursuant to section 10a-55a, and (3) an Internet link to the report submitted to the joint standing committee of the General Assembly having cognizance of matters relating to higher education pursuant to subsection (f) of section 10a-55m.

(P.A. 21-81, S. 3.)

History: P.A. 21-81 effective July 1, 2021.

Sec. 10a-55x. Campus mental health coalitions. Assessment of mental health services and programs. (a) As used in this section and sections 10a-55y to 10a-55aa, inclusive, and section 7 of public act 21-132*:

(1) “Services” or “mental health services” means counseling, therapy, rehabilitation, crisis intervention or emergency services for the screening, diagnosis or treatment of mental illness;

(2) “Programs” or “mental health programming” means education, outreach, research or training initiatives aimed at students for the prevention of mental illness, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, conferences or other campus events; and

(3) “Institution of higher education” means any institution of higher education in the state, but does not include Charter Oak State College or any institution of higher education that solely provides programs of higher learning through its Internet web site.

(b) Not later than January 1, 2022, each institution of higher education shall establish a campus mental health coalition with representatives from each of its campuses. The campus mental health coalition shall consist of individuals appointed by the president of each institution of higher education, who are reflective of the demographics of the student body at such institution, including, but not limited to, at least one member from such institution's (1) administration, (2) counseling services office, if any, (3) health services office, if any, (4) senior and mid-level staff, (5) student body, (6) residential life office, if any, (7) faculty, and (8) any other individuals designated by the president, including, but not limited to, a community provider of mental health services.

(c) Each institution of higher education shall ensure that every member of the campus mental health coalition is educated about the (1) mental health services and programs offered at each campus by such institution, (2) role and function of the campus mental health coalition at such institution, and (3) protocols and techniques to respond to student mental illness that have been developed with consideration given to the students' race, cultural background, sexual orientation, gender identity, religion, socio-economic status or status as a veteran or service member of the armed forces of the United States.

(d) Each campus mental health coalition shall (1) conduct an assessment of the presence of mental health services and programs offered by the institution of higher education, except such assessment shall not be required for an institution of higher education that is accredited by the International Accreditation of Counseling Services or another nationally or regionally recognized accrediting body for mental health services, (2) review the results of such assessment and develop a plan to address any weaknesses in such services and programs offered by the institution, and (3) review and recommend improvements to (A) the variety of mental health services available to students at the institution, including, but not limited to, on-campus services, telehealth services provided in accordance with section 19a-906, or any services offered through community-based mental health care providers or emergency mobile psychiatric service providers, (B) the comprehensiveness of mental health services available to students, and (C) the campus-wide policies and procedures regarding student mental health adopted pursuant to section 10a-55aa.

(P.A. 21-132, S. 3.)

*Note: Section 7 of public act 21-132 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

History: P.A. 21-132 effective July 1, 2021.

Sec. 10a-55y. Campus mental health coalition training workshops. The executive director of the Office of Higher Education and the Commissioner of Mental Health and Addiction Services, in consultation with an epidemiologist or other specialist with expertise in mental health issues at institutions of higher education, may jointly offer training workshops for the campus mental health coalitions established pursuant to section 10a-55x regarding best practices for the assessment and provision of mental health services and programming at institutions of higher education.

(P.A. 21-132, S. 4.)

History: P.A. 21-132 effective July 1, 2021.

Sec. 10a-55z. Memorandum of understanding for provision of mental health services. Not later than January 1, 2022, any institution of higher education that lacks resources on campus for the provision of mental health services to students shall enter into and maintain a memorandum of understanding with at least one community-based mental health care provider or, in consultation with the Department of Mental Health and Addiction Services, with an emergency mobile psychiatric service provider for the purpose of providing students access to mental health services on or off campus and assistance to institutions in developing mental health programming.

(P.A. 21-132, S. 5.)

History: P.A. 21-132 effective July 1, 2021.

Sec. 10a-55aa. Student mental health policies and procedures. Not later than January 1, 2022, the governing board of each institution of higher education shall adopt, and update as necessary, campus-wide policies and procedures regarding student mental health. Such policies and procedures shall include, but not be limited to, (1) the types of mental health services and mental health programming available to students each academic year, (2) protocols for leaves of absence that can be applied for medical reasons, and (3) the resources available for crisis response, imminent danger and psychiatric hospitalization.

(P.A. 21-132, S. 6.)

History: P.A. 21-132 effective July 1, 2021.

Sec. 10a-56. Student athlete compensation through an endorsement contract or employment. Representation. Policies and limitations. (a) As used in this section:

(1) “Student athlete” means a student enrolled at an institution of higher education who participates in an intercollegiate athletic program;

(2) “Intercollegiate athletic program” means a program at an institution of higher education for sports played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics;

(3) “Compensation” means the receipt, whether directly or indirectly, of any cryptocurrency, money, goods, services, other item of value, in-kind contributions and any other form of payment or remuneration;

(4) “Endorsement contract” means a written agreement under which a student athlete is employed or receives compensation for the use by another party of such student athlete's person, name, image or likeness in the promotion of any product, service or event;

(5) “Sports agent” means a duly licensed person who negotiates or solicits a contract on behalf of a student athlete in accordance with the Sports Agent Responsibility and Trust Act, 15 USC 7801, et seq., as amended from time to time;

(6) “NCAA” has the same meaning as provided in section 10a-55k;

(7) “Institutional marks” means the name, logo, trademarks, mascot, unique colors, copyrights and other defining insignia of an institution of higher education;

(8) “Institution of higher education” means an institution of higher education, as defined in section 10a-55, and a for-profit institution of higher education licensed to operate in this state;

(9) “Official team activities” means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the institution of higher education and other team-organized activities, including, but not limited to, individual photograph sessions, news media interviews and other related activities as specified by the institution of higher education; and

(10) “Prohibited endorsements” means receipt of compensation by, or employment of, a student athlete for use of the student athlete's person, name, image or likeness in association with any product, category of companies, brands or types of endorsement contracts that the institution of higher education prohibits endorsing by policy.

(b) On or after January 1, 2022, or the date on which an institution of higher education in the state adopts or updates its policy in accordance with subdivision (3) of subsection (f) of this section, whichever is earlier, any student athlete who is enrolled at such institution of higher education may earn compensation through an endorsement contract or employment in an activity that is unrelated to any intercollegiate athletic program and obtain the legal or professional representation of an attorney or sports agent through a written agreement, provided such student athlete complies with the policy or policies adopted by his or her institution of higher education regarding student athlete endorsement contracts and employment activities.

(c) Each institution of higher education shall adopt one or more policies regarding student athlete endorsement contracts and employment activities. Such policy or policies shall include provisions for: (1) Requiring a student athlete to disclose and submit a copy to his or her institution of higher education of each endorsement contract, written agreement for employment and representation agreement executed by the student athlete; (2) prohibiting a student athlete from entering into an agreement that conflicts with the provisions of any agreement to which the institution of higher education is a party, provided such institution shall disclose to the student athlete or the student athlete's attorney or sports agent the provisions of the agreement that are in conflict; (3) prohibiting a student athlete from using or consenting to the use of any institutional marks during such student athlete's performance of the endorsement contract or employment activity; (4) prohibiting a student athlete's performance of the endorsement contract or employment activity from interfering with any official team activities or academic obligations; and (5) identifying any prohibited endorsements.

(d) No provision of this section shall be construed to (1) require an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA to compensate a student athlete for use of his or her name, image or likeness; (2) require a student athlete or any other person to compensate an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA for a student athlete's endorsement contract or employment activity that is in accordance with the provisions of subsection (b) of this section; (3) qualify any scholarship that a student athlete receives from an institution of higher education as compensation; (4) qualify a student athlete as an employee of an institution of higher education; (5) require an institution of higher education to take any action in violation of the Discrimination Based on Sex and Blindness Act, 20 USC 1681, et seq., as amended from time to time; (6) prohibit a student athlete from engaging in an employment activity that entails coaching or performing a sport, provided such activity is not related to any intercollegiate athletic program; or (7) prohibit an institution of higher education from using a student athlete's name, image or likeness in connection with official team activities.

(e) No athletic association or conference, including, but not limited to, the NCAA, on the basis of a student athlete's endorsement contract, employment activity or representation by an attorney or sports agent pursuant to subsection (b) of this section, shall (1) prohibit or prevent an institution of higher education or its intercollegiate athletic program from participating in intercollegiate sports, (2) restrict or revoke a student athlete's eligibility to participate in an intercollegiate athletic program, (3) prohibit or prevent a student athlete from earning compensation from such endorsement contract or employment activity, or (4) prohibit or prevent a student athlete from representation by a duly licensed attorney or sports agent.

(f) (1) No institution of higher education, on the basis of a student athlete's endorsement contract, employment activity or representation by an attorney or sports agent pursuant to subsection (b) of this section, shall (A) prohibit or prevent such student athlete from earning compensation from such endorsement contract or employment activity, (B) prohibit or prevent such student athlete from representation by a duly licensed attorney or sports agent, or (C) restrict or revoke such student athlete's eligibility for a scholarship or to participate in the intercollegiate athletic program at such institution.

(2) Notwithstanding section 1-210 with respect to public institutions of higher education, no institution of higher education shall disclose any record of the compensation received by a student athlete from an endorsement contract or employment activity entered into or engaged in pursuant to subsection (b) of this section unless the institution receives the written consent of the student athlete for each disclosure.

(3) Not later than January 1, 2022, the governing board of each institution of higher education shall adopt or update its policies, as necessary, to carry out the purposes of this section.

(g) No provision of subsections (d) and (f) of this section shall be construed to prevent an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA, from prohibiting a student athlete's participation in an intercollegiate athletic program, revoking a student athlete's eligibility for a scholarship or taking any other punitive or legal action if such student athlete's endorsement contract, employment activity or representation by an attorney or sport agent does not comply with the provisions of subsection (b) of this section.

(h) No student athlete may receive compensation for use of such student athlete's name, image or likeness as an inducement to attend, enroll in or continue attending a specific institution of higher education or intercollegiate athletic program.

(P.A. 21-132, S. 14; June Sp. Sess. P.A. 21-2, S. 146.)

History: P.A. 21-132 effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsecs. (b) and (f)(3) by changing “September 1, 2021” to “January 1, 2022” and added Subsec. (h) re prohibition on receiving compensation as inducement to attend or enroll in an institution of higher education, effective July 1, 2021.

Secs. 10a-57a to 10a-57c. Certificate programs: Definitions. Certificate programs: Submission, collection and compilation of data. Certificate programs: One-page fact sheet. Sections 10a-57a to 10a-57c, inclusive, are repealed, effective July 1, 2021.

(P.A. 16-44, S. 2, 4, 5; June Sp. Sess. P.A. 21-2, S. 494.)

Sec. 10a-57e. Certificate programs: Student data review. Section 10a-57e is repealed, effective July 1, 2021.

(P.A. 16-44, S. 7; June Sp. Sess. P.A. 21-2, S. 494.)

Sec. 10a-57g. Connecticut Preschool through Twenty and Workforce Information Network. (a) As used in this section:

(1) “Connecticut Preschool through Twenty and Workforce Information Network” or “CP20 WIN” means the Preschool through Twenty and Workforce Information Network maintained in the state.

(2) “Data definitions” means the plain language descriptions of data elements.

(3) “Data dictionary” means a listing of the names of a set of data elements, their definitions and additional meta-data that does not contain any actual data, but provides information about the data in a data set.

(4) “Data elements” mean units of information that are stored or accessed in any data system, such as a student identification number, course code or cumulative grade point average.

(5) “Meta-data” means the information about a data element that provides context for that data element, such as its definition, storage location, format and size.

(6) “Participating agency” means the Connecticut State Colleges and Universities, Department of Education, Labor Department, the Office of Early Childhood, The University of Connecticut, the Connecticut Conference of Independent Colleges or any entity that has executed an enterprise memorandum of understanding for participation in the CP20 WIN and has been approved for participation pursuant to the terms of the enterprise memorandum of understanding.

(7) “Preschool through Twenty and Workforce Information Network” or “P20 WIN” means a state data system for the purpose of matching and linking longitudinally data of state agencies and other organizations to inform policy and practice for education, workforce and supportive service efforts, including, but not limited to, the purpose of conducting audits and evaluations of federal and state education programs.

(8) “Enterprise memorandum of understanding” means a foundational multiparty agreement that sets forth the details of how data is shared and the respective legal rights and responsibilities of each party within the data sharing process, by which the same foundational agreement may be used for new agencies to sign on to the data sharing process and without having to re-sign as agencies sign on or off of such agreement.

(b) There is established a Connecticut Preschool through Twenty and Workforce Information Network. The purpose of the CP20 WIN is to establish processes and structures governing the secure sharing of critical longitudinal data across participating agencies through implementation of the standards and policies of the Preschool through Twenty and Workforce Information Network.

(c) The CP20 WIN shall be governed by an executive board that shall provide oversight of such network. Said executive board shall include, but need not be limited to, the chief executive officer of each participating agency, or their respective designees, the Chief Workforce Officer, or the officer's designee, and the Secretary of the Office of Policy and Management, or the secretary's designee. The duties of the executive board shall be to:

(1) Advance a vision for the CP20 WIN including a prioritized research agenda with support from the Office of Policy and Management.

(2) Convene as needed to respond to issues from the data governing board.

(3) Identify and work to secure resources necessary to sustain CP20 WIN funding.

(4) Support system implementation, maintenance and improvement by advocating for the CP20 WIN in regard to policy, legislation and resources.

(5) Advocate and support the state's vision for the CP20 WIN.

(6) Have overall fiscal and policy responsibility for the CP20 WIN.

(7) Ensure that, in any circumstances in which public funds or resources are to be jointly utilized with those from private entities, such arrangements are governed by appropriate agreements approved by the Attorney General.

(8) Establish a data governing board to establish and implement policies related to cross-agency data management, including, but not limited to, data confidentiality and security in alignment with the vision for CP20 WIN and any applicable law. In establishing such policies, the data governing board shall consult with the Office of Policy and Management, in accordance with the provisions of section 4-67n and other applicable statutes and policies.

(d) The executive board established pursuant to this section may appoint advisory committees to make recommendations on data stewardship, data system expansion and processes, and such other areas that will advance the work of CP20 WIN.

(e) On or before January 1, 2022, and annually thereafter, the Chief Workforce Officer may, in consultation with the Chief Data Officer and the Labor Commissioner, submit to the administrator of CP20 WIN a request for data and analysis of such data for the purposes of assessing performance and outcomes of the state's workforce system. Such data and analysis request shall be completed by the administrator of CP20 WIN not later than August 15, 2022, and annually thereafter.

(P.A. 17-207, S. 4; June Sp. Sess. P.A. 21-2, S. 250.)

History: P.A. 17-207 effective July 11, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by adding new Subdiv. (8) defining “enterprise memorandum of understanding”, redefining “participating agency” and “P20 WIN”, and deleting former Subdiv. (8) defining “P20 WIN Data Request Management Procedure”, amended Subsec. (c) by replacing certain agency members with provision re chief executive officer of each participating agency or respective designees and Chief Workforce Officer or officer's designee, replacing “Planning Commission for Higher Education” with “Office of Policy and Management” in Subdiv. (1) and replacing “enforce” with “implement” in Subdiv. (8), and added Subsec. (e) re data and analysis request from Chief Workforce Officer to assess the state's workforce system, effective July 1, 2021.