Substitute House Bill No. 5755 Substitute House Bill No. 5755 PUBLIC ACT NO. 94-245 AN ACT CONCERNING REVISIONS TO THE EDUCATION STATUTES. Section 1. Subsection (b) of section 10-266q of the general statutes, as amended by section 5 of public act 93-145 and sections 13 and 14 of public act 93-263, is repealed and the following is substituted in lieu thereof: (b) A priority school district grant shall be payable to the local board of education for the school districts described in section 10-266p, AS AMENDED BY SECTION 4 OF PUBLIC ACT 93-145 AND SECTIONS 13 AND 14 OF PUBLIC ACT 93-263, which shall use the funds for ANY OF THE FOLLOWING: (1) [the] THE creation or expansion of training, evaluation, research, development, innovative programs or activities related to dropout prevention developed pursuant to the policy adopted by the state board of education in accordance with section 10-202e, [or] (2) ACADEMIC ENRICHMENT, TUTORIAL AND RECREATION PROGRAMS OR ACTIVITIES IN SCHOOL BUILDINGS DURING NONSCHOOL HOURS, (3) development or expansion of extended-day care kindergarten programs, [or (3)] (4) initiatives to strengthen parent involvement in the education of children, and parent and other community involvement in school and school district programs, activities and educational policies, which may be in accordance with the provisions of section 10-4g. Each such board of education shall use its grant to supplement existing programs or create new programs. If the state board of education finds that any such grant is being used for other purposes or is being used to decrease the local share of support for schools, it may require repayment of such grant to the state. Sec. 2. Section 38 of public act 93-80 is repealed and the following is substituted in lieu thereof: The commissioner of higher education shall review, within available appropriations, compliance with the provisions of sections 35 to 37, inclusive, of [this act] PUBLIC ACT 93-80, and shall report findings to the joint standing committees of the general assembly having cognizance of matters relating to education and to appropriations and the budgets of state agencies not later than [thirty] SIXTY days following the close of each quarter of the fiscal year ending June 30, 1994, and the fiscal year ending June 30, 1995. Sec. 3. Section 10-266p of the general statutes, as amended by section 4 of public act 93-145 and sections 13 and 14 of public act 93-263, is repealed and the following is substituted in lieu thereof: (a) The state board of education shall administer a Priority School District grant program to assist certain school districts to improve student achievement and enhance educational opportunities. The grant program shall be for school districts in (1) the eight towns in the state with the largest population, based on the most recent federal decennial census, (2) towns which rank from one to eleven when all towns are ranked in descending order from one to one hundred sixty-nine based on the number of children under the aid to families with dependent children program as defined in subdivision (14) of section 10-262f, plus the mastery count of the town as defined in subdivision (9) of said section and (3) towns which rank one to eleven when all towns are ranked in descending order from one to one hundred sixty-nine based on the ratio of the number of children under the aid to families with dependent children program as so defined to the resident students of such town as defined in subdivision (19) of said section plus the grant mastery percentage of the town as defined in subdivision (8) of said section. The state board of education shall utilize the categorical grant program established under this section and sections 10-266q and 10-266r and other educational resources of the state to work cooperatively with such school districts during any school year to improve their educational programs. The state board of education shall allocate one million dollars to each of the eight towns described in subdivision (1) of this section and five hundred thousand dollars to each of the towns described in subdivisions (2) and (3) of this section, except the towns described in subdivision (1) shall not receive any additional allocation if they are also described in subdivision (2) or (3). (b) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (a) OF THIS SECTION, ANY TOWN WHICH RECEIVED A GRANT PURSUANT TO THIS SECTION FOR THE FISCAL YEAR ENDING JUNE 30, 1994, SHALL RECEIVE A GRANT IN THE SAME AMOUNT FOR THE FISCAL YEAR ENDING JUNE 30, 1995. Sec. 4. Subsections (a) and (b) of section 10-145f of the general statutes, as amended by sections 19 and 34 of public act 93-353, are repealed and the following is substituted in lieu thereof: (a) No person shall be formally admitted to a state board of education approved teacher preparation program until such person has achieved satisfactory scores on all components, in one administration, OR, ON AND AFTER JANUARY 1, 1995, HAS ACHIEVED SATISFACTORY SCORES ON ALL COMPONENTS of the state reading, writing and mathematics competency examination prescribed BY and administered [by] UNDER THE DIRECTION OF the board, or has achieved a combined score of one thousand or more on the Scholastic Aptitude Test or an equivalent score as determined by the board on a test deemed equivalent by the board, provided, if the Scholastic Aptitude Test or the equivalent test was a non-English-language version, the person shall demonstrate a satisfactory level of English proficiency as determined by the board on a test prescribed by the board. Such competency examination shall be conducted at least twice during each academic year. (b) (1) Except as otherwise provided in subsection (i) of section 10-145b, AS AMENDED, any person who does not hold a valid certificate pursuant to section 10-145b, AS AMENDED, shall (A) achieve satisfactory scores on all components, in one administration, OR, ON AND AFTER JANUARY 1, 1995, SATISFACTORY SCORES ON ALL COMPONENTS of the state reading, writing and mathematics competency examination prescribed BY and administered [by] UNDER THE DIRECTION OF the board, or its equivalent as determined by the board, and (B) achieve a satisfactory evaluation on the appropriate state board of education approved subject area assessment in order to be eligible for a certificate pursuant to said section unless such assessment has not been approved by the state board of education at the time of application, in which case the applicant shall not be denied a certificate solely because of the lack of an evaluation on such assessment. (2) Any person applying for an additional certification endorsement shall achieve a satisfactory evaluation on the appropriate state board of education approved subject area assessment in order to be eligible for such additional endorsement, unless such assessment has not been approved by the state board of education at the time of application, in which case the applicant shall not be denied the additional endorsement solely because of the lack of an evaluation on such assessment. The state board of education shall complete the development of such area assessments for all appropriate endorsements not later than December 1, 1990. (3) (A) On and after July 1, 1992, any teacher who held a valid teaching certificate but whose certificate lapsed and who had completed all requirements for the issuance of a new certificate pursuant to section 10-145b, AS AMENDED, except for filing an application for such certificate, prior to the date on which the lapse occurred, may file, within one year of the date on which the lapse occurred, an application with the commissioner of education for the issuance of such certificate. Upon the filing of such an application, the commissioner may grant such certificate and such certificate shall be retroactive to the date on which the lapse occurred, provided the commissioner finds that the lapse of the certificate occurred as a result of a hardship or extenuating circumstances beyond the control of the applicant. If such teacher has attained tenure and is reemployed by the same board of education in any equivalent unfilled position for which the person is qualified as a result of the issuance of a certificate pursuant to this subdivision, the lapse period shall not constitute a break in employment for such person reemployed and shall be used for the purpose of calculating continuous employment pursuant to section 10-151. If such teacher has not attained tenure, the time unemployed due to the lapse of a certificate shall not be counted toward tenure, except that if such teacher is reemployed by the same board of education as a result of the issuance of a certificate pursuant to this subdivision, such teacher may count the previous continuous employment immediately prior to the lapse towards tenure. Using information provided by the teachers' retirement board, the state department of education shall annually notify each local or regional board of education of the name of each teacher employed by such board of education whose provisional certificate will expire during the period of twelve months following such notice. Upon receipt of such notice the superintendent of each local and regional board of education shall notify each such teacher in writing, at such teacher's last known address, that the teacher's provisional certificate will expire. (B) Notwithstanding the provisions of this subdivision to the contrary, for any teacher employed by a local or regional board of education or on authorized leave from such a board of education, during the 1987-1988 school year, (i) whose teaching certificate lapsed on or after January 15, 1988, (ii) who successfully completed the competency examination in accordance with the provisions of this section subsequent to the date on which the lapse occurred, (iii) whose teaching certificate was reissued subsequent to the date on which the lapse occurred and (iv) who was reemployed by the same board of education during the 1988-1989 school year, such lapse period shall not constitute a break in employment for such teacher and shall be used for the purpose of calculating continuous employment pursuant to section 10-151. (4) Notwithstanding the provisions of this subsection to the contrary, to be eligible for a certificate to teach subjects for which a bachelor's degree is not required, any applicant who is otherwise eligible for certification in such endorsement areas shall be entitled to a certificate without having met the requirements of the competency examination and subject area assessment pursuant to this subsection for a period not to exceed two years, except that for a certificate to teach skilled trades or trade-related or occupational subjects, the commissioner may waive the requirement that the applicant take the competency examination. The commissioner may, upon the showing of good cause, extend the certificate. Sec. 5. Subsection (b) of section 10-292 of the general statutes, as amended by section 9 of public act 93-381, is repealed and the following is substituted in lieu thereof: (b) Notwithstanding the provisions of subsection (a) of this section, a town or regional school district may submit final plans and specifications for oil tank replacement, roof replacement, asbestos abatement, [or] code violation OR ENERGY CONSERVATION projects or projects for which state assistance is not sought, to the local officials having jurisdiction over such matters for review and written approval. The total costs for an asbestos abatement, [or] code violation OR ENERGY CONSERVATION project eligible for review and approval under this subsection shall not exceed one million dollars. Except for projects for which state assistance is not sought, no school building project described in this subsection shall go out for bidding purposes prior to the receipt and acceptance by the state department of education of such written approval. Sec. 6. Subsection (e) of section 10a-20a of the general statutes is repealed and the following is substituted in lieu thereof: (e) Interest income earned under subsection (b) of this section shall be deposited to the endowed chair investment fund and, following establishment of an endowed chair under subsection (c) of this section shall be allocated, [annually] UPON REQUEST, to The University of Connecticut or to the Connecticut State University system, as appropriate, to support the endowed chair. Nonstate matching contributions shall be held by a duly established foundation of The University of Connecticut or the Connecticut State University system and the interest on such contributions shall be used to support the endowed chair. Sec. 7. Subsection (d) of section 10-287 of the general statutes is repealed and the following is substituted in lieu thereof: (d) Each town or regional school district shall submit a final grant application to the state department of education within one year from the date of completion and acceptance of the building project by the town or regional school district. [Failure] IF A TOWN OR REGIONAL SCHOOL DISTRICT FAILS to submit a final grant application within said period of time, [shall result in the forfeiture of] THE COMMISSIONER MAY WITHHOLD ten per cent of the state reimbursement for such project. [A town or regional school district may file with the commissioner a written request for a waiver of the forfeiture within thirty days prior to the date on which final grant application shall be submitted. Upon receipt of such a written request, the commissioner, within thirty days, shall review the request and determine whether or not such forfeiture shall be waived.] Sec. 8. Subsection (b) of section 17a-17 of the general statutes, as amended by section 1 of public act 93-91, is repealed and the following is substituted in lieu thereof: (b) The commissioner of children and families and the commissioner of education shall jointly develop a single cost accounting system, on forms developed jointly by the department of children and families and the department of education, which may be the basis for the payment of reasonable expenses for room and board and education by purchase of service agreement to private residential treatment centers licensed pursuant to section 17a-145, AS AMENDED BY SECTION 1 OF PUBLIC ACT 93-91. The commissioner of children and families, after consultation with the commissioner of education, shall adopt regulations in accordance with the provisions of chapter 54 to administer the system WHICH MAY PROVIDE FOR THE COMBINING OF PROCEDURES WITHIN THE DEPARTMENT OF CHILDREN AND FAMILIES AND THE DEPARTMENT OF EDUCATION FOR ADMINISTERING THE SYSTEM INCLUDING THE HOLDING OF JOINT HEARINGS AND REVIEWS. Annually, on or before a date established by the commissioner of children and families, each residential treatment center shall submit to the department of children and families, on forms provided by said department and the department of education, the audited costs of its approved programs for the preceding year as certified by a certified public accounting firm. On and after July 1, 1983, no additional services shall be included in the calculation of such reasonable expenses unless such services are approved by the commissioner of children and families or the commissioner of education. Sec. 9. Subdivision (1) of subsection (c) of section 10-220 of the general statutes is repealed and the following is substituted in lieu thereof: (c) (1) [On May 1, 1992] BY NOVEMBER 1, 1994, and annually [on May first] thereafter, each local and regional board of education shall submit to the commissioner of education a strategic school profile report for each school under its jurisdiction and for the school district as a whole. The superintendent of each local and regional school district shall present the profile report at the next regularly scheduled public meeting of the board of education after each such [May] NOVEMBER first. The profile report shall be developed in accordance with a uniform format established by the state department of education pursuant to subdivision (2) of this subsection and shall provide information on measures of (A) student needs, (B) school resources and (C) student and school performance. Sec. 10. Section 10-66b of the general statutes is repealed and the following is substituted in lieu thereof: The operation and management of any regional educational service center shall be the responsibility of the board of such center to be composed of at least one member from each participating board of education, selected by such board of education. [The board of any regional educational service center which includes participating boards of education whose students attend the E. O. Smith School shall include a member designated by the board of trustees of The University of Connecticut who shall not be an employee of a participating board of education.] The board of the regional educational service center may designate from its membership an executive board which shall have such powers as the board of the regional educational service center may delegate and which are consistent with this part. The term of office of members of the board of the regional educational service center shall not exceed four years. Members of the board of the regional educational service center shall receive no compensation for services rendered as such, but may be reimbursed for necessary expenses in the course of their duties. The director of the regional educational service center shall serve as the executive agent of the board of the regional educational service center. Sec. 11. Section 10-76o of the general statutes is repealed and the following is substituted in lieu thereof: [The board of trustees of The University of Connecticut, acting in its capacity as the local board of education of the E. O. Smith School, and the] THE boards of trustees of the Gilbert School, Norwich Free Academy and Woodstock Academy shall provide for [its] THEIR students special education programs required to be provided by local and regional school districts in accordance with sections 10-76d to 10-76k, inclusive, AS AMENDED BY THIS ACT, and may charge any sending town for the costs of any such special education provided to a student for whose education such sending town is responsible and the sending town shall be eligible to apply for state payment for such costs under section 10-76g. Sec. 12. Section 10a-1 of the general statutes is repealed and the following is substituted in lieu thereof: There shall be a state system of public higher education to consist of (1) The University of Connecticut and all branches thereof, (2) the state colleges, which shall be known collectively as the Connecticut State University system, (3) the regional community-technical colleges, (4) the board for state academic awards, and (5) the staff of the department of higher education as established pursuant to section [10a-2] 10a-5. "Constituent units" as used in the general statutes means those units in subdivisions (1) to (4), inclusive, of this section. Sec. 13. Subsection (a) of section 27-103 of the general statutes is repealed and the following is substituted in lieu thereof: (a) As used in the general statutes, except chapter 504, and except as otherwise provided: (1) "Armed forces" means the United States Army, Navy, Marine Corps, Coast Guard and Air Force; (2) "veteran" means any person honorably discharged from, or released under honorable conditions from active service in, the armed forces; (3) "service in time of war" means service of ninety or more days except, if the war, campaign or other operation lasted less than ninety days, "service in time of war" means service for the entire duration of the war, campaign or other operation, unless separated from service earlier because of a service-connected disability rated by the Veterans' Administration, during the Spanish-American War, April 21, 1898, to August 13, 1898; the Philippine insurrection, August 13, 1898, to July 4, 1902, but as to engagements in the Moro Province, to July 15, 1903; the Boxer Rebellion, June 20, 1900, to May 12, 1901; the Cuban pacification, September 12, 1906, to April 1, 1909; the Nicaraguan campaign, August 28, 1912, to November 2, 1913; the Haitian campaign, July 9, 1915, to December 6, 1915; the punitive expedition into Mexico, March 10, 1916, to April 6, 1917; World War I, April 6, 1917, to November 11, 1918, but as to service in Russia, to April 1, 1920; World War II, December 7, 1941, to December 31, 1946; and the Korean hostilities, June 27, 1950, to January 31, 1955; and shall include service during the Vietnam era, January 1, 1964, to July 1, 1975; and shall include service while engaged in combat or a combat support role during the peace-keeping mission in Lebanon, September 29, 1982, to March 30, 1984; the invasion of Grenada, October 25, 1983, to December 15, 1983; Operation Earnest Will, involving the escort of Kuwaiti oil tankers flying the United States flag in the Persian Gulf, February 1, 1987, to July 23, 1987; and the invasion of Panama, December 20, 1989, to January 31, 1990; and shall include service during Operation Desert Shield and Operation Desert Storm, August 2, 1990 [, until the cessation of hostilities as determined by the President of the United States or until a date established by an act of the general assembly] TO JUNE 30, 1994; and shall include service during such periods with the armed forces of any government associated with the United States. Sec. 14. Subsection (a) of section 10a-170t of the general statutes is repealed and the following is substituted in lieu thereof: (a) Loan repayment and interest charges shall commence twelve months after the academic scholarship graduate student loan recipient has terminated full-time student status or two years after the initial receipt of a loan under this program whichever occurs first. (1) A recipient who renders services as a certified teacher in a Connecticut public school on at least a half-time basis as certified by the local superintendent of schools shall have his loan forgiven as follows: [(1)] (A) Thirty per cent forgiveness of the total amount borrowed upon the completion of one year of teaching; [(2)] (B) sixty per cent forgiveness of the total amount borrowed upon the completion of two years of teaching; [(3)] (C) one hundred per cent forgiveness upon completion of three years of teaching. If a loan recipient is teaching less than full-time, said superintendent shall certify to the department of higher education that a full-time position was not available. (2) Recipients who teach in a priority school district as designated by the state department of education pursuant to section 10-266p of the general statutes, revision of 1958, revised to 1991, AS AMENDED BY SECTION 4 OF PUBLIC ACT 93-145, shall have their loans forgiven as follows: [(1)] (A) Forty per cent forgiveness of the total amount borrowed upon the completion of one year of teaching; [(2)] (B) one hundred per cent forgiveness upon the completion of two years of teaching. If a recipient has taught in a priority school district and in a nonpriority school district, the department of higher education shall formulate an appropriate forgiveness schedule. Sec. 15. Section 10a-213 of the general statutes is repealed and the following is substituted in lieu thereof: (a) The corporation shall establish and maintain two funds: The unrestricted fund and the restricted fund. (1) There shall be charged to the unrestricted fund all administration and general expenses of the corporation and payment of interest to lenders on any and all loans guaranteed by the corporation which under the provisions of state or federal law are properly chargeable to an unrestricted fund. Except as hereinafter expressly provided, there shall be credited to the unrestricted fund any and all receipts of income of the corporation excluding any income properly creditable to the restricted fund. Moneys in the unrestricted fund not needed to meet the expenses of the corporation may be lent or transferred to the restricted fund or invested in the manner provided in section 3-31a. If money is needed in said fund to meet obligations, the board may, with the approval of the secretary of the office of policy and management, borrow temporarily from the restricted fund or the state general fund. (2) There shall be charged to the restricted fund all payments by the corporation of expenses properly charged to the restricted fund under the provisions of state and federal law including all payments to borrowers under subsection (c) of section 10a-206, all payments from the state designated for the restricted fund and the amount of bonds authorized for issuance by the state bond commission the proceeds of which are to be deposited in the restricted fund. If additional money is needed in said fund to meet obligations, the board may, with the approval of the secretary of the office of policy and management, borrow temporarily from the state general fund for such purpose. Moneys in the fund not needed currently to meet its expenses and obligations may be invested in the manner provided in section 3-31a. [(3)] (b) The method and manner of allocating income and charging expenses between the restricted and unrestricted funds shall be annually audited by an independent certified public accountant in accordance with generally accepted accounting principles. Sec. 16. Subsection (a) of section 10-369 of the general statutes, as amended by section 40 of public act 93-353, is repealed and the following is substituted in lieu thereof: (a) There shall be a state Commission on the Arts. Commencing on July 1, 1987, the commission shall consist of the president of the Connecticut Advocates for the Arts, ANY MEMBER OF THE NATIONAL COUNCIL ON THE ARTS WHO RESIDES IN CONNECTICUT and twenty-one members appointed as follows: On or before July 1, 1985, the governor shall appoint five members of the commission, two of whom shall be working artists in the performing or visual arts and one of whom shall be a person having a background of significant accomplishment in business, to serve for terms of four years. Upon the expiration of such terms, the governor shall appoint five members to serve for terms of four years. On or before July 1, 1993, the governor shall appoint three members to serve for terms of two years and shall appoint two members to serve for terms of four years, EXCEPT THAT THE TERMS OF THE THREE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 1995, SHALL EXPIRE ON DECEMBER 31, 1994, OR UNTIL SUCH MEMBER'S SUCCESSOR IS APPOINTED AND QUALIFIED, WHICHEVER IS LATER, AND THE TERMS OF THE TWO MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 1997, SHALL EXPIRE ON DECEMBER 31, 1996, OR UNTIL SUCH MEMBER'S SUCCESSOR IS APPOINTED AND QUALIFIED, WHICHEVER IS LATER. Upon the expiration of such terms, and thereafter, the governor shall appoint members to serve for terms of four years AND SHALL DESIGNATE ONE OF SUCH MEMBERS AS THE CHAIRPERSON OF THE COMMISSION. On or before July 1, 1987, the president pro tempore of the senate shall appoint five members and the minority leader of the senate shall appoint three members to serve for terms of two years and the speaker of the house of representatives shall appoint five members and the minority leader of the house of representatives shall appoint three members to serve for terms of two years. Such appointments shall be made from among private citizens who are widely known for their knowledge, competence or experience in connection with the performing or visual arts. Upon the expiration of such terms and thereafter, members shall be appointed to serve for terms of two years. Vacancies shall be filled by the appointing authority for the unexpired portion of the term. [The president of the Connecticut Advocates for the Arts shall be a permanent member during his term of office.] Members of said commission shall receive no compensation for their services as such but shall be reimbursed for their necessary expenses incurred in the performance of their duties. The commission shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of a majority of members in office. A majority of the members of the commission, but not less than seven, shall constitute a quorum. Any 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 office. Except for the president of the Connecticut Advocates for the Arts AND THE MEMBERS WHO ARE ON THE NATIONAL COUNCIL ON THE ARTS, no member shall serve more than two full consecutive terms which commence on or after July 1, 1985, or for more than eight consecutive years after said date, whichever is the longer period. Sec. 17. Section 10-373p of the general statutes, as amended by section 42 of public act 93-353, is repealed and the following is substituted in lieu thereof: (a) To be eligible for a matching grant for a fiscal year pursuant to this section and section 10-373q, AS AMENDED BY SECTION 18 OF THIS ACT, total donor contributions for the fiscal year for which such amount is calculated shall be not less than twenty-five thousand dollars. (b) For the portion of total donor contributions for the fiscal year which is equal to twenty-five thousand dollars or more but does not exceed the total donor contributions for the prior fiscal year, there shall be a match of twenty-five per cent of such amount, provided no match pursuant to this subsection shall exceed two hundred fifty thousand dollars. (c) For the portion of total donor contributions for the fiscal year which exceeds the total donor contributions for the prior fiscal year, there shall be a match of one hundred per cent of such amount, provided no match pursuant to this subsection shall exceed one million dollars. [(d) If the total amount, or a portion of the total amount, of donor contributions for the fiscal year which is matched pursuant to subsections (b) and (c) of this section is contributed for an endowment for the arts organization, the arts organization shall, in addition to such match, receive ten per cent of such total amount or such portion, as appropriate.] [(e)] (d) If in any fiscal year the total amount of matching grants to be paid pursuant to the provisions of this section and section 10-373q, AS AMENDED BY SECTION 18 OF THIS ACT, exceed the investment earnings of the arts endowment fund which are available for payments to arts organizations pursuant to section 10-373o, AS AMENDED BY SECTION 41 OF PUBLIC ACT 93-353, all such matching grants shall be reduced on a pro rata basis. Sec. 18. Section 10-373q of the general statutes, as amended by section 43 of public act 93-353, is repealed and the following is substituted in lieu thereof: Annually, on or before [October] DECEMBER fifteenth, an arts organization may apply to the commission for a state matching grant, provided the organization includes in its application a [statement, attested to by a certified public accountant licensed pursuant to chapter 389, of] COPY OF ITS INTERNAL REVENUE SERVICE RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX FORM, OR ANY REPLACEMENT FORM ADOPTED BY THE INTERNAL REVENUE SERVICE, SHOWING the total amount of contributions received from donors for the [prior fiscal year and the total amount, if any, of such contributions which are for an endowment for the arts organization] ARTS ORGANIZATION'S TWO MOST RECENTLY COMPLETED FISCAL YEARS. On or before the January fifteenth next following, the commission shall certify to the treasurer an amount equal to the total matching grants as calculated pursuant to section 10-373p, AS AMENDED BY SECTION 17 OF THIS ACT. Thereafter, the treasurer shall make available such amount to the commission and the commission shall, on or before April fifteenth, pay to each arts organization a grant as calculated pursuant to SAID section 10-373p. Sec. 19. Section 10-373n of the general statutes, as amended by section 44 of public act 93-353, is repealed and the following is substituted in lieu thereof: For purposes of this section and sections 10-373o to 10-373q, inclusive, AS AMENDED BY THIS ACT: (1) "Arts organization" means a nonprofit organization in the state which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as from time to time amended, the primary purpose of which is to create, perform, present or otherwise promote the visual, performing or literary arts in the state, but shall not mean an organization, the primary purpose of which is instructional, or an organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations; (2) "Commission" means the state Commission on the Arts; (3) "Contribution" means cash, negotiable securities or other gifts of similar liquidity; (4) "Donor" means a private organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations, a private foundation or private corporation, partnership, single proprietorship or association OR PERSON making a contribution to an arts organization; (5) "Fiscal year" means a period of twelve calendar months [ending with June thirtieth of any year] AS DETERMINED BY THE ARTS ORGANIZATION'S BYLAWS. Sec. 20. Subsection (a) of section 10-51 of the general statutes is repealed and the following is substituted in lieu thereof: (a) The fiscal year of a regional school district shall be July first to June thirtieth. Except as otherwise provided in this subsection, not less than two weeks before the annual meeting held pursuant to section 10-47, the board shall hold a public district meeting to present a proposed budget for the next fiscal year. Any person may recommend the inclusion or deletion of expenditures at such time. After the public hearing, the board shall prepare an annual budget for the next fiscal year, make available on request copies thereof and deliver a reasonable number to the town clerk of each of the towns in the district at least five days before the annual meeting. At the annual meeting on the first Monday in May, the board shall present a budget which includes a statement of (1) estimated receipts and expenditures for the next fiscal year, (2) estimated receipts and expenditures for the current fiscal year, (3) estimated surplus or deficit in operating funds at the end of the current fiscal year, (4) bonded or other debt, (5) estimated per pupil expenditure for the current and for the next fiscal year and (6) such other information as is necessary in the opinion of the board. Persons present and eligible to vote under section 7-6 may accept or reject the proposed budget except as provided below. No person who is eligible to vote in more than one town in the regional school district is eligible to cast more than one vote on any issue considered at a regional school district meeting or referendum held pursuant to this section. Any person who violates this section by fraudulently casting more than one vote or ballot per issue shall be fined not less than three hundred dollars or more than five hundred dollars and shall be imprisoned not less than one year or more than two years and shall be disenfranchised. The regional board of education may, in the call to the meeting, designate that the vote on the motion to adopt the budget shall be by paper ballots at the district meeting held on the budget or by a "yes" or "no" vote on the voting machines in each of the member towns on the day following the district meeting. If submitted to a vote by voting machine, questions may be included on the ballot for persons voting "no" to indicate whether the budget is too high or too low, provided the vote on such questions shall be for advisory purposes only and not binding upon the board. Two hundred or more persons qualified to vote in any regional district meeting called to adopt a budget may petition the regional board, in writing, at least three days prior to such meeting, requesting that any item or items on the call of such meeting be submitted to the persons qualified to vote in the meeting for a vote by paper ballot or on the voting machines in each of the member towns on the day following the district meeting and in accordance with the appropriate procedures provided in section 7-7. If a majority of such persons voting reject the budget, the board shall, within [two] FOUR weeks thereafter and upon notice of not less than one week, call a district meeting to consider the same or an amended budget. Such meetings shall be convened at such intervals until a budget is approved. After the budget is approved, the board shall estimate the share of the net expenses to be paid by each member town in accordance with subsection (b) of this section and notify the treasurer thereof. With respect to adoption of a budget for the period from the organization of the board to the beginning of the first full fiscal year, the board may use the above procedure at any time within such period. If the board needs to submit a supplementary budget, the general procedure specified in this section shall be used. Sec. 21. Section 10-222a of the general statutes, as amended by section 1 of public act 93-14, is repealed and the following is substituted in lieu thereof: Notwithstanding the provisions of chapter 106, or any municipal charter or special act to the contrary, whenever any student, or the parent or guardian of any student, pays for lost, damaged or stolen textbooks, library materials, other materials or equipment, or whenever insurance proceeds are received for lost, damaged or stolen textbooks, library materials, other materials or equipment, an amount equal to the amount so paid or received, net of any costs the fiscal authority having budgetary responsibility or charged with making appropriations for the school district has incurred for the purpose of replacing or repairing such lost, damaged or stolen textbooks, library materials, other materials or equipment, shall be deemed to be appropriated to the board of education in addition to the funds appropriated by the town to such board for the fiscal year in which such payment is made or insurance proceeds received. NOTWITHSTANDING THE PROVISIONS OF CHAPTER 106, OR ANY MUNICIPAL CHARTER OR SPECIAL ACT TO THE CONTRARY, WHENEVER ANY OUTSIDE GROUP OR INDIVIDUAL MAKES PAYMENT FOR CUSTODIAL COSTS FOR USE OF SCHOOL FACILITIES OR OTHERWISE FOR THE USE OF SCHOOL FACILITIES AN AMOUNT EQUAL TO THE AMOUNT SO PAID OR RECEIVED, NET OF ANY COSTS THE FISCAL AUTHORITY HAVING BUDGETARY RESPONSIBILITY OR CHARGED WITH MAKING APPROPRIATIONS FOR THE SCHOOL DISTRICT HAS INCURRED FOR THE PURPOSE OF PROVIDING CUSTODIAL SERVICES SHALL BE DEEMED TO BE APPROPRIATED TO THE BOARD OF EDUCATION IN ADDITION TO THE FUNDS APPROPRIATED BY THE TOWN TO SUCH BOARD FOR THE CURRENT FISCAL YEAR. Sec. 22. Section 4a-52b of the general statutes is repealed and the following is substituted in lieu thereof: Notwithstanding any provision of the general statutes to the contrary, a constituent unit of the state system of higher education OR AN INSTITUTION OF THE CONNECTICUT STATE UNIVERSITY SYSTEM, may purchase, by negotiation, supplies, materials, equipment and contractual services, as defined in section 4a-50, AS AMENDED BY SECTION 2 OF PUBLIC ACT 93-42, for the constituent unit [when the amount to be purchased is estimated to be twenty thousand dollars or less and] OR INSTITUTION, AS APPROPRIATE, when the supplies, materials, equipment or contractual services (1) are required to implement a grant, contract or financial agreement between the constituent unit OR INSTITUTION, AS APPROPRIATE, and the donor of funds or other things of value which are given with an obligation for service primarily to the donor by the constituent unit OR INSTITUTION, AS APPROPRIATE and (2) are specified in such grant, contract or financial agreement. Sec. 23. (NEW) (a) The commissioner of education shall, in conjunction with the commissioner of administrative services, establish a schedule of parental contributions based on a sliding scale for early intervention services provided pursuant to sections 1 to 4, inclusive, of public act 93-383 in accordance with part H of the Individuals with Disabilities Education Act, 20 USC 1471 et seq. The schedule of parental contributions shall consider the cost of such services relative to the financial resources of the parents or legal guardians of eligible children. (b) The maximum rate to be charged for the services rendered under said sections of public act 93-383 and similar services to each eligible child for the ensuing year shall be the full cost of all allowable costs under part H of the Individuals with Disabilities Education Act as determined by the department of education, in consultation with the department of social services. The commissioner of education shall have the right of recovery or indemnification which a recipient of early intervention services has against an insurer for the cost of services if assigned such right by parents or legal guardians of eligible children. The department of education may assign its right to collect parental contributions and recoveries from third party payers to a designee in order to assist in obtaining payment for such services. (c) The state board of education shall adopt regulations, pursuant to section 2 of public act 93-383, as amended by section 25 of this act, for the recovery against insurers for the cost of services and to establish procedures for the determination of the liability of a parent or legal guardian. The commissioner of education shall implement said regulations commencing July 1, 1995. (d) The secretary of the office of policy and management shall evaluate, in consultation with the department of education, the feasibility of holding birth to three early intervention recipients harmless for the impact of pursuit of payment for early intervention services against lifetime health insurance limits. The secretary shall report, in accordance with the provisions of section 11-4a of the general statutes, on his findings and recommendations, including identification of the appropriate state agency to pay such claims, if any, to the joint standing committee of the general assembly having cognizance of matters relating to education by December 1, 1994. Sec. 24. Section 1 of public act 93-383 is repealed and the following is substituted in lieu thereof: For the purposes of sections 1 to 4, inclusive, of [this act] PUBLIC ACT 93-383, SECTION 23 OF THIS ACT, section 10-94f of the general statutes, as amended by section 6 of [this act] PUBLIC ACT 93-383, and section 10-94g of the general statutes, as amended by section 7 of [this act] PUBLIC ACT 93-383, SECTION 1 OF PUBLIC ACT 93-91 AND SECTION 12 OF PUBLIC ACT 93-353: (1) "Eligible children" means children from birth to thirty-six months of age, who are not eligible for special education and related services pursuant to sections 10-76a to 10-76h, inclusive, of the general statutes, AS AMENDED, and who need early intervention services because such children are: (A) Experiencing a significant developmental delay as measured by standardized diagnostic instruments and procedures in one or more of the following areas: (i) Cognitive development; (ii) physical development, including vision or hearing; (iii) communication development; (iv) social or emotional development; or (v) adaptive skills; or (B) Diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay. (2) "Council" means the state interagency birth-to-three coordinating council established pursuant to section 3 of [this act] PUBLIC ACT 93-383. (3) "Lead agency" means the department of education. (4) "Participating agencies" includes, but is not limited to, the departments of education, human resources, health services, children and youth services, income maintenance, mental retardation, insurance, the board of education and services for the blind, the commission on the deaf and hearing impaired and the office of protection and advocacy FOR PERSONS WITH DISABILITIES. (5) "Individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family. (6) "Parent" means a parent, guardian, a person acting as a parent of a child, or surrogate parent appointed pursuant to section 10-94g of the general statutes, as amended by section 7 of [this act] PUBLIC ACT 93-383, SECTION 1 OF PUBLIC ACT 93-91 OF SECTION 12 OF PUBLIC ACT 93-353. Sec. 25. Section 2 of public act 93-383 is repealed and the following is substituted in lieu thereof: (a) Not later than September 30, 1993, the lead agency, in coordination with the participating agencies and in consultation with the council, shall establish and maintain a state-wide system of early intervention services pursuant to Part H of the Individuals With Disabilities Education Act, 20 USC 1471 et seq., for eligible children and the families of such children, in accordance with sections 1 to 4, inclusive, of [this act] PUBLIC ACT 93-383. (b) The state board of education shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of sections 1 to 4, inclusive, of [this act] PUBLIC ACT 93-383 AND SECTION 23 OF THIS ACT. (c) The program established pursuant to sections 1 to 4, inclusive, of [this act] PUBLIC ACT 93-383, shall terminate on June 30, 1996, unless reestablished by the general assembly prior to said date. Sec. 26. Section 10a-103 of the general statutes is repealed and the following is substituted in lieu thereof: There shall continue to be a board of trustees for The University of Connecticut to consist of nineteen persons, twelve to be appointed by the governor, who shall reflect the state's geographic, racial and ethnic diversity; two to be elected by the university alumni; two to be elected by the students enrolled at the institutions under the jurisdiction of said board; and three members ex officio. On or before July 1, 1983, the governor shall appoint members to the board as follows: Four members for a term of two years from said date; four members for a term of four years from said date; and four members for a term of six years from said date. Thereafter the governor shall appoint trustees of said university to succeed those appointees whose terms expire, and each trustee so appointed shall hold office for a period of six years from the first day of July in the year of his appointment. The commissioner of agriculture and the commissioner of education shall be, ex officio, members of the board of trustees. The governor shall be, ex officio, president of said board. The graduates of all of the schools and colleges of said university shall, prior to September first in the odd-numbered years, elect one trustee, who shall be a graduate of the institution and who shall hold office for four years from the first day of September succeeding his election. Not less than two nor more than four nominations for each such election shall be made by the alumni association of said university, provided no person who has served as an alumni trustee for the two full consecutive terms immediately prior to the term for which such election is to be held shall be nominated for any such election. Such election shall be conducted by mail prior to September first under the supervision of a canvassing board consisting of three members, one appointed by the board of trustees, one by the board of directors of the alumni association of the university and one by the president of the university. No ballot in such election shall be opened until the date by which ballots must be returned to the canvassing board. In such election all graduates shall be entitled to vote by signed ballots which have been circulated to them by mail and which shall be returned by mail. Vacancies occurring by death or resignation of either of such alumni trustees shall be filled for the unexpired portion of the term by special election, if such unexpired term is for more than eighteen months. When the unexpired term is eighteen months or less, such vacancy shall be filled by appointment by the board of directors of said alumni association. On or before November 1, 1975, the students of The University of Connecticut shall, in such manner as the board of trustees of said university shall determine, elect two trustees, each of whom shall be enrolled as a full-time student of said university at the time of his election. One such member shall be elected for a term of one year from November 1, 1975, and one for a term of two years from said date. [On or before November] PRIOR TO JULY first, annually, [thereafter,] such students shall, in such manner as the board shall determine, elect one member of said board, who shall be so enrolled at said university at the time of his election and who shall serve for a term of two years from [November] JULY first in the year of his election. Any vacancies in the elected membership of said board shall, except as otherwise provided in this section, be filled by special election for the balance of the unexpired term. Sec. 27. Section 10a-89 of the general statutes, as amended by section 12 of public act 93-201, is repealed and the following is substituted in lieu thereof: (a) Subject to state-wide policy and guidelines established by the board of governors of higher education, the board of trustees shall [administer] PROVIDE FOR THE ADMINISTRATION OF the Connecticut State University system, plan for the expansion and development of the institutions within its jurisdiction, and submit such plans to the board of governors of higher education for review and recommendations and to the commissioner of public works and the state properties review board for approval. The commissioner of public works upon request of the board of trustees shall, in accordance with section 4b-30, negotiate and execute leases on such physical facilities as the board of trustees may deem necessary for proper operation of such institutions, and the board of trustees may, with the permission of the commissioner of public works and the state properties review board, expend capital funds therefor if such leasing is required during the planning and construction phases of institutions within its jurisdiction for which such capital funds were authorized. [The] SUBJECT TO SUCH POLICIES AS MAY BE ESTABLISHED BY THE board of trustees, THE CHIEF EXECUTIVE OFFICER OF EACH INSTITUTION WITHIN THE JURISDICTION OF THE BOARD may make buildings and other facilities under its control available to nonprofit and other organizations or to individuals for temporary uses not inconsistent with the educational purpose of the [institutions within its jurisdiction] INSTITUTION. The board of trustees may appoint or remove the chief executive officer of each institution within its jurisdiction, and with respect to its own operation the board of trustees may appoint and remove an executive secretary and executive staff. The board of trustees may determine the size of the executive staff and the duties, terms and conditions of employment of said secretary and staff, subject to personnel guidelines established by the board of governors of higher education in consultation with said board of trustees. The board of trustees may employ faculty and other personnel needed to maintain and operate the institutions within its jurisdiction. Within the limitation of appropriations, the board of trustees shall fix the compensation of such personnel, establish terms and conditions of employment and prescribe their duties and qualifications. The board of trustees shall determine who constitutes its professional staff and establish compensation and classification schedules for its professional staff. The board of trustees shall annually submit to the commissioner of administrative services a list of the positions which it has included within the professional staff. The board of trustees may appoint one or more physicians for the Connecticut State University system and shall provide such physicians with suitable facilities for the performance of such duties as it prescribes. Subject to state-wide policy and guidelines established by the board of governors of higher education, the board of trustees shall: (1) Make rules for the government of the Connecticut State University system and shall determine the general policies of the university system, including those concerning the admission of students and the expenditure of the funds of institutions under its jurisdiction within the amounts available; (2) develop the mission statement for the university system which shall include, but not be limited to the following elements: (A) The educational needs of and constituencies served by the institutions within its jurisdiction; (B) the degrees offered by such institutions; and (C) the role and scope of each institution within the university system, which shall include each institution's particular strengths and specialties. The board of trustees shall submit the mission statement to the board of governors of higher education for review and approval in accordance with the provisions of section 10a-6; (3) establish policies for the university system and for the individual institutions under its jurisdiction; (4) submit to the board of governors of higher education, for approval, recommendations for the establishment of new academic programs; (5) make appropriate recommendations to the board of governors of higher education regarding institutional mergers or closures; (6) coordinate the programs and services of the institutions under its jurisdiction; (7) be authorized to enter into agreements, consistent with the provisions of section 5-141d, to save harmless and indemnify sponsors of research grants to institutions under its jurisdiction, provided such an agreement is required to receive the grant and limits liability to damages or injury resulting from acts or omissions related to such research by employees of such institutions; (8) promote fund-raising to assist the institutions under its jurisdiction and report to the commissioner of higher education and the joint standing committee of the general assembly having cognizance of matters relating to education by January 1, 1994, and biennially thereafter, on fund-raising for each institution under its jurisdiction; and (9) charge the direct costs for a building project under its jurisdiction to the bond fund account for such project, provided (A) such costs are charged in accordance with a procedure approved by the treasurer and (B) nothing in this subdivision shall permit the charging of working capital, as defined in the applicable provisions of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, or costs originally paid from sources other than the bond fund account. (b) The board of trustees shall: (1) Review and approve institutional budget requests and prepare and submit to the board of governors of higher education, in accordance with the provisions of section 10a-8, the budget request for the Connecticut State University system; and (2) propose facility planning and capital expenditure budget priorities for the institutions under its jurisdiction. The board may request authority from the treasurer to issue payment for claims against the state university system, other than a payment for payroll, debt service payable on state bonds to bondholders, paying agents, or trustees, or any payment the source of which includes the proceeds of a state bond issue. Sec. 28. Subsection (c) of section 10-76h of the general statutes, as amended by section 1 of public act 93-91 and section 10 of public act 93-353, is repealed and the following is substituted in lieu thereof: (c) (1) The state department of education shall, upon receipt of a request for a special education hearing made in accordance with subsection (a) of this section, appoint an impartial hearing officer or hearing board, knowledgeable in the fields and areas significant to the review of the special educational needs of the child or pupil. Hearing officers and members of hearing boards shall not be employees of the state department of education or any local or regional board of education, unified school district or public agency involved in the education or care of the child. A person who is paid to serve as a hearing officer is not deemed to be an employee of the state department of education. No person who participated in the previous diagnosis, evaluation, prescription of educational programs, provision of direct or indirect services to the child or pupil, exclusion or exemption from school privileges or any other matter concerning the child's special education or right to special education, nor any member of the board of education of the school district under review, shall be a hearing officer or a member of a hearing board. (2) EACH PARTY TO THE HEARING SHALL DISCLOSE, NOT LATER THAN FIVE DAYS PRIOR TO THE DATE THE HEARING COMMENCES, DOCUMENTARY EVIDENCE SUCH PARTY PLANS TO PRESENT AT THE HEARING AND A LIST OF WITNESSES SUCH PARTY PLANS TO CALL AT THE HEARING. [(2)] (3) The hearing officer or board shall hear testimony of the party requesting said review and any other party directly involved, and shall review the previous diagnosis, evaluation, prescription of special educational services, and other education records of said child or pupil, which records shall be furnished by the board of education of the school district or the unified school district, and may hear such additional testimony as the hearing officer or board shall deem relevant. The hearing officer or board may require a complete and independent diagnosis, evaluation and prescription of educational programs by qualified persons, the cost of which shall be paid by the board of education of the school district or the unified school district. The hearing officer or board shall cause all formal sessions of the hearing and review to be transcribed. Sec. 29. Subsection (b) of section 10-76d of the general statutes, as amended by section 1 of public act 93-91 and section 9 of public act 93-381, is repealed and the following is substituted in lieu thereof: (b) In accordance with the regulations of the state board of education, each local and regional board of education shall: (1) Provide special education for school-age children requiring special education who are described in subdivision (1) of subsection (e) of section 10-76a. The obligation of the school district under this subsection shall terminate when such child is graduated from high school or reaches age twenty-one, whichever occurs first; AND (2) provide special education for children requiring special education who are described in subdivision (1) of subsection (e) of section 10-76a and who have not attained school age, but whose educational potential will be irreparably diminished without special education at an early age. The state board of education shall define the criteria by which each local or regional board of education shall determine whether a given child is eligible for special education pursuant to this subdivision, and such determination shall be made by the board of education when requested by a parent or guardian, or upon referral by a physician, clinic or social worker, provided the parent or guardian so permits. To meet its obligations under this subdivision, each local or regional board of education may, with the approval of the state board of education, make agreements with any private school, agency or institution to provide the necessary preschool special education program, provided such private facility has an existing program which adequately meets the special education needs, according to standards established by the state board of education, of the preschool children for whom such local or regional board of education must provide such an education and provided such district does not have such an existing program in its public schools. Such private school, agency or institution may be a facility which has not been approved by the commissioner of education for special education, provided such private facility shall be approved by the commissioner as an independent school or licensed by the department of public health and addiction services as a day care or nursery facility or be both approved and licensed. [The per pupil grant by the state, pursuant to section 10-76g, for the costs incurred by any such board of education for such preschool special education through a private facility shall in no year exceed the average per pupil grant by the state for the costs incurred by boards of education for preschool special education provided through the public facilities of such boards.] Sec. 30. Subsection (a) of section 10-4e of the general statutes, as amended by section 24 of public act 93-353, is repealed and the following is substituted in lieu thereof: (a) The state board of education and the board of governors of higher education, with the advice and assistance of the state library board, the New England Cable Television Association, the Connecticut Broadcasters Association, the Southern New England Telecommunications Corporation and [the Connecticut Educational Telecommunications Corporation] CONNECTICUT PUBLIC BROADCASTING, shall form a joint committee to assist both agencies to coordinate effectively and utilize efficiently educational technology for Connecticut students. The committee shall consist of at least the following: [One] THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR HIS DESIGNEE, A REPRESENTATIVE OF THE OFFICE OF INFORMATION AND TECHNOLOGY DESIGNATED BY THE SECRETARY OF THE OFFICE OF POLICY AND MANAGEMENT, ONE member appointed by the Connecticut Association of Boards of Education, one member appointed by the Connecticut Association of Public School Superintendents, one member who shall be a classroom teacher appointed by the Connecticut Education Association, one member who shall be a classroom teacher appointed by the Connecticut State Federation of Teachers, one member who shall be an educational media specialist appointed by the Connecticut Educational Media Association, ONE MEMBER APPOINTED BY THE CONNECTICUT EDUCATORS COMPUTER ASSOCIATION, THREE MEMBERS APPOINTED BY THE CONNECTICUT BUSINESS FOR EDUCATION COALITION WHO SHALL HAVE EXPERIENCE OR EXPERTISE IN INFORMATION TECHNOLOGY, one member appointed by each of the boards of trustees of the constituent units of the state system of higher education, one member appointed by the Connecticut Conference of Independent Colleges, and seven members with experience or expertise in educational technology of whom the governor, the president pro tempore of the senate, the speaker of the house of representatives, the majority and minority leaders of the senate and the majority and minority leaders of the house of representatives shall each appoint one. Sec. 31. The Lyme Academy of Fine Arts, Incorporated, located in the town of Old Lyme, shall have the authority to confer such degrees and grant such diplomas or certificates as are customary in institutions of higher education, in accordance with its bylaws and subject to such requirements as may be prescribed by the board of governors of higher education, in accordance with the provisions of section 10a-34 of the general statutes. Sec. 32. Section 35 of public act 93-353 is repealed and the following is substituted in lieu thereof: For school building projects approved by the general assembly after July 1, 1993, if state reimbursement pursuant to the provisions of chapter 173 of the general statutes, or any special act, for the acquisition, purchase or construction of a [school] building was for one hundred per cent of the eligible costs of such acquisition, purchase or construction and such building ceases to be used for the purpose for which the grant was provided within twenty years of the date of approval by the general assembly of the project, title to the building shall revert to the state unless the commissioner of education decides otherwise for good cause. Sec. 33. Section 10-14n of the general statutes, as amended by section 38 of public act 93-353, is repealed and the following is substituted in lieu thereof: (a) Each student enrolled in the fourth grade in any public school shall annually take a state-wide mastery examination. For purposes of this section, a state-wide mastery examination is defined as an examination which measures whether or not a student has mastered essential grade-level skills in reading, language arts and mathematics. The mastery examination shall be provided by and administered under the supervision of the state board of education. (b) Each student enrolled in the sixth grade and each student enrolled in the eighth grade in any public school shall annually take a state-wide mastery examination. Such mastery examination shall be provided by and administered under the supervision of the state board of education. [(c) Prior to September 1, 1993, each student enrolled in any such public school or any endowed or incorporated high school or academy, who failed to meet or exceed each state-wide standard for remedial assistance on each component of the state-wide eighth grade mastery examination shall annually take or retake each such component at its regular administration until such student scores at or above each such state-wide standard. On and after September 1, 1993, each student enrolled in the ninth grade in any such public school or any endowed or incorporated high school or academy, who failed to meet or exceed each state-wide standard for remedial assistance on each component of the state-wide eighth grade mastery examination shall take or retake each such component at its regular administration. (d)] (c) Annually after September 1, 1993, each student enrolled in the tenth grade in any public school or any endowed or incorporated high school or academy shall take a state-wide mastery examination. Such mastery examination shall be provided by and administered under the supervision of the state board of education. Not later than January 15, 1991, the state department of education shall (1) develop an implementation plan for the administration of such mastery examination and may include in the plan recommendations for testing additional skills related to the requirements for high school graduation pursuant to section 10-221a, (2) review and make recommendations concerning the scheduling of mastery examinations and the reporting of mastery examination results and (3) report such implementation plan and recommendations to the joint standing committee of the general assembly having cognizance of matters relating to education. [(e) On and after September 1, 1993, each student enrolled in any such public school or any endowed or incorporated high school or academy, who failed to meet or exceed the state-wide standard for remedial assistance on each component required pursuant to subsection (a) of this section of the state-wide tenth grade mastery examination shall annually take or retake each such component at the regular administration of such mastery examination until such student scores at or above each such state-wide standard. (f) If] (d) ON AND AFTER SEPTEMBER 1, 1994, IF a student meets or exceeds the state-wide mastery goal level on each component of the state-wide tenth grade mastery examination, certification of such mastery shall be made on the permanent record and the transcript of each such student. [On and after September 1, 1993, each] EACH student who [failed] FAILS to meet the mastery goal level on each component of said mastery examination may annually take or retake each such component at its regular administration until such student scores at or above each such state-wide mastery goal level or such student graduates or reaches age twenty-one. [(g)] (e) No such public school or any endowed or incorporated high school or academy may require achievement of a satisfactory score on the state-wide mastery examination, or any subsequent retest on a component of such examination as the sole criterion of promotion or graduation. Sec. 34. Subsection (a) of section 10-76i of the general statutes, as amended by section 1 of public act 93-91, is repealed and the following is substituted in lieu thereof: (a) There shall be an advisory council for special education which shall advise the general assembly, state board of education and the commissioner of education, and which shall engage in such other activities as are hereinafter set forth. Said advisory council shall be composed of twenty-five members as follows: Two appointed by the commissioner of education, two appointed by the commissioner of mental retardation and two appointed by the commissioner of children and families; two who are members of the joint standing committee of the general assembly having cognizance of matters relating to education, one appointed by the majority leader of the house of representatives and one appointed by the minority leader of the house of representatives; three appointed by the president pro tempore of the senate, one of whom shall be a member of the Connecticut Association of Boards of Education, one of whom shall be a member of the Connecticut Speech-Language-Hearing Association and one of whom shall be a person with a disability; two appointed by the majority leader of the senate one of whom shall be a member of the Connecticut Association of Private Nonprofit Child Caring Agencies, Incorporated and one of whom shall be a regular education teacher; three appointed by the minority leader of the senate, one of whom shall be the parent of a child requiring special education, one of whom shall be a member of the Connecticut Association of Private Special Education Facilities and one of whom shall represent the public; three appointed by the speaker of the house of representatives, one of whom shall be a member of the Connecticut Association of School Administrators, one of whom shall be a person with a disability and one of whom shall represent the public; two appointed by the majority leader of the house of representatives one of whom shall be a member of the Connecticut Association of Urban Superintendents and one of whom shall be a special education teacher; four appointed by the minority leader of the house of representatives, one of whom shall be the parent of a child requiring special education, one of whom shall be a member of the Connecticut Association of Pupil Personnel Administrators, one of whom shall be a member of the Connecticut Association of School Psychologists and one of whom shall represent towns in which state facilities which provide special education are located. The terms of the present members shall expire on June 30, 1992. Appointments shall be made to the council by July 1, 1992. Members shall serve two-year terms. [No member shall serve for more than two consecutive full terms.] Within thirty days from the beginning of a vacancy, the vacancy shall be filled by the appointing authority for the unexpired portion of the term. Sec. 35. Subsection (e) of section 10-262j of the general statutes is repealed and the following is substituted in lieu thereof: (e) Upon a determination by the state board of education that a town or kindergarten to grade twelve, inclusive, regional school district failed in any fiscal year to meet its minimum expenditure requirement pursuant to subsection (a), (c), (d) or (f), as appropriate, of this section, the town or kindergarten to grade twelve, inclusive, regional school district shall forfeit an amount equal to two times the difference between said minimum expenditure requirement and the town's or kindergarten to grade twelve, inclusive, regional school district's actual regular program expenditures. The amount so forfeited shall be withheld by the state department of education from the grant payable to the town in the second fiscal year immediately following such failure by deducting such amount from the town's equalization aid grant payment pursuant to section 10-262i, except that in the case of a kindergarten to grade twelve, inclusive, regional school district, the amount so forfeited shall be withheld by the state department of education from the grants payable pursuant to said section 10-262i to the towns which are members of such regional school district. The amounts deducted from such grants to each member town shall be proportional to the number of resident students in regular programs in each member town. Notwithstanding the provisions of this subsection, the state board of education may waive such forfeiture upon agreement with the town or kindergarten to grade twelve, inclusive, regional school district that the town or kindergarten to grade twelve, inclusive, regional school district shall exceed its minimum expenditure requirement during the fiscal year in which the forfeiture would occur by an amount not less than the amount of said forfeiture. ANY ADDITIONAL FUNDS EXPENDED PURSUANT TO SUCH AN AGREEMENT SHALL NOT BE INCLUDED IN A DISTRICT'S EXPENDITURES FOR THE PURPOSE OF ESTABLISHING ANY FUTURE MINIMUM EXPENDITURE REQUIREMENT. Sec. 36. Section 10a-92 of the general statutes is repealed and the following is substituted in lieu thereof: The board of trustees of the Connecticut State University system shall appoint a committee at each campus to establish traffic and parking regulations for passenger vehicles on such campus. Such traffic committee, subject to the approval of said board and of the state traffic commission, may prohibit, limit or restrict the parking of passenger vehicles, determine speed limits, restrict roads or portions thereof to one-way traffic and designate the location of crosswalks on any portion of any road or highway subject to the care, custody and control of said board of trustees, order to have erected and maintained signs designating such prohibitions or restrictions, and impose a fine upon any person who fails to comply with any such prohibition or restriction. VIOLATION OF ANY PROVISION OF THIS SECTION SHALL BE AN INFRACTION. All fines so imposed at each state university, less an amount not to exceed the cost of enforcing traffic and parking regulations, shall be deposited in the institutional operating account of such state university for scholarships and library services or acquisitions. The board of trustees of the Connecticut State University system shall establish at each campus a committee which shall hear appeals of penalties assessed for parking or traffic violations. The membership of both the committee to establish traffic and parking regulations and the committee to hear traffic violation appeals shall include student and faculty representation. Sec. 37. Section 10-4n of the general statutes, as amended by section 1 of public act 93-353, is repealed and the following is substituted in lieu thereof: (a) There is established, on and after [January] JULY 1, 1994, a committee on educational equity and excellence to (1) review and appraise the state's efforts to ensure equal educational opportunity and high standards of performance in the public schools, (2) REVIEW AND RECOMMEND PURSUANT TO SUBDIVISION (3) OF THIS SUBSECTION THE REPEAL OF STATE STATUTES AND REGULATIONS WHICH IMPEDE THE EFFICIENT AND EFFECTIVE DELIVERY OF PUBLIC EDUCATION IN CONNECTICUT and [to] (3) make appropriate recommendations to the governor, state board of education and general assembly. The committee shall consist of [twenty-seven] THIRTY members as follows: The commissioner of education, or his designee; THE CHAIRPERSON OF THE STATE BOARD OF EDUCATION, the secretary of the office of policy and management, or his designee; [two] THREE members appointed by the governor, one of whom shall represent the executive branch of state government, ONE OF WHOM SHALL BE THE PARENT OF A CHILD ENROLLED IN A PUBLIC SCHOOL IN CONNECTICUT and one of whom shall represent the public; one member [each] designated by the Connecticut Association of Boards of Education [,] WHO SHALL BE A MEMBER OF A BOARD OF EDUCATION; ONE MEMBER DESIGNATED BY the Connecticut Association of Public School Superintendents [,] WHO SHALL BE A SUPERINTENDENT OF SCHOOLS; ONE MEMBER DESIGNATED BY THE CONNECTICUT ASSOCIATION OF SCHOOLS WHO SHALL BE EMPLOYED AS A SCHOOL PRINCIPAL; ONE MEMBER DESIGNATED BY the Connecticut Conference of Municipalities; [,] THREE MEMBERS DESIGNATED BY the Connecticut Education Association [,] TWO OF WHOM SHALL BE EMPLOYED AS TEACHERS AND ONE OF WHOM SHALL HAVE BEEN RECOGNIZED BY THE CELEBRATION OF EXCELLENCE PROGRAM CONDUCTED BY THE DEPARTMENT OF EDUCATION OR AS A STATE OR SCHOOL DISTRICT TEACHER OF THE YEAR; TWO MEMBERS DESIGNATED BY the Connecticut State Federation of Teachers [,] ONE OF WHOM SHALL BE EMPLOYED AS A TEACHER AND ONE OF WHOM SHALL HAVE BEEN RECOGNIZED BY SUCH CELEBRATION OF EXCELLENCE PROGRAM OR AS A STATE OR SCHOOL DISTRICT TEACHER OF THE YEAR; ONE MEMBER DESIGNATED BY the Connecticut Federation of School Administrators and FOUR MEMBERS DESIGNATED BY the Parent Teacher Association of Connecticut WHO SHALL BE THE PARENTS OF CHILDREN ENROLLED IN PUBLIC SCHOOLS IN CONNECTICUT; six members designated by the Connecticut Business for Education Coalition; and [ten persons who are members of the general assembly at the time of their appointment to be appointed as follows: Two persons appointed by the speaker of the house of representatives, one person appointed by the majority leader of the house of representatives, two persons appointed by the minority leader of the house of representatives, two persons appointed by the president pro tempore of the senate, one person appointed by the majority leader of the senate and two persons appointed by the minority leader of the senate] THE COCHAIRPERSONS AND RANKING MEMBERS OF THE JOINT STANDING COMMITTEE OF THE GENERAL ASSEMBLY HAVING COGNIZANCE OF MATTERS RELATING TO EDUCATION. The [members of the committee shall elect a] CHAIRPERSON OF THE STATE BOARD OF EDUCATION SHALL BE THE chairperson OF THE COMMITTEE. (b) All appointments pursuant to subsection (a) of this section shall be made by [December 15, 1993] JUNE 15, 1994. All such appointments shall be for terms of two years. Within thirty days from the beginning of a vacancy, the vacancy shall be filled by the appointing authority for the unexpired portion of the term. Notification of the appointment of members of the general assembly shall be made by the appointing authority, in writing, to the [commissioner of education. The commissioner of education] CHAIRPERSON OF THE STATE BOARD OF EDUCATION WHO shall convene the first meeting of the committee by [January] JULY 15, 1994. Thereafter the committee shall meet at the call of the chair or at the request of a majority of the members. Sec. 38. Section 10a-201 of the general statutes is repealed and the following is substituted in lieu thereof: There is hereby created a nonprofit corporation which shall be known as the Connecticut Student Loan Foundation. The purpose of said corporation shall be to improve educational opportunity. Improving educational opportunity shall include, but not be limited to, the following: (1) Guaranteeing loans to persons who (A) are attending or plan to attend eligible institutions in the state; (B) are residents of the state who are attending or plan to attend eligible institutions outside of the state; or (C) receive loans made by an eligible lender; (2) guaranteeing loans for persons to assist them in meeting the expenses of postsecondary education; (3) lending funds OR ACQUIRING LOANS MADE to persons to assist them in meeting the expenses of postsecondary education; and (4) providing appropriate services incident to the administration of programs which are established to improve educational opportunities, all in accordance with the provisions of this chapter. Said corporation shall be exempt from all requirements of chapter 600. Sec. 39. Section 10a-204 of the general statutes is repealed and the following is substituted in lieu thereof: The board of directors shall have the following powers: (a) To lend money or guarantee the loan of money, AND TO ACQUIRE AND SELL LOANS, upon such terms and conditions as the board may prescribe, within the limitations contained in this chapter or in Title IV, Part B of the Higher Education Act of 1965, to assist persons in meeting the expenses of education; provided no such person shall receive any loan or loans in excess of such amounts as the board may authorize or amounts which are in conformance with Title IV, Part B of the Higher Education Act of 1965, as appropriate. The board may procure a policy or policies of group life insurance to insure the repayment of loans made or guaranteed by the corporation in the event of the death of an individual to whom a loan is made or guaranteed hereunder. The board may charge any person receiving a loan under the provisions of this subsection an amount deemed reasonable by the board but in no event shall such amount exceed the amount provided by the provisions of Title IV, Part B of the Higher Education Act of 1965, when applicable. (b) To take, hold and administer, on behalf of the corporation and for any of its purposes, real property, personal property and moneys, or any interest therein, and the income therefrom, either absolutely or in trust, for any purpose of the corporation. The board of directors may acquire property or moneys for such purpose by purchase or lease and by the acceptance of gifts, grants, bequests, devises or loans; provided no obligation of the corporation shall be a debt of the state, and the corporation shall have no power to make its debts payable out of any moneys except those of the corporation, except that, if state appropriations are not sufficient to pay that portion of any loans which are to be repaid by the corporation under the provisions of subsection (c) of section 10a-206, the state shall guarantee to make such payments when due. (c) To enter into contracts with institutions of higher education, eligible lenders, nonprofit organizations or other legal entities providing for THE ORIGINATION, administration, servicing, COLLECTION and guarantee of loans, [upon such terms as may be agreed upon between the corporation, its subsidiary or division and any such institution or organization] INVESTMENT AGREEMENTS, AGREEMENTS IN CONNECTION WITH CREDIT FACILITIES, AGREEMENTS TO MODERATE INTEREST FLUCTUATIONS AND SUCH OTHER CONTRACTS AND AGREEMENTS INCLUDING, BUT NOT LIMITED TO, SUCH CONTRACTS AND AGREEMENTS WITH FINANCIAL CONSULTANTS, UNDERWRITERS, COUNSEL AND TECHNICAL SPECIALISTS AND OTHER PROFESSIONALS AS THE BOARD OF DIRECTORS SHALL DEEM NECESSARY OR DESIRABLE TO THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF ITS POWERS UNDER THIS SECTION. (d) To sue and be sued in the name of the corporation. Process in any action or proceeding may be served upon the secretary of the state, as agent for the corporation, in the manner provided by subsection (b) of section 33-297. (e) In the event that the treasurer of the state of Connecticut certifies that the Internal Revenue Service has determined that the corporation is not eligible for tax-exempt status, to create and operate the affairs of the corporation through a subsidiary or division, the dominant purpose of which shall be to carry out the purposes and provisions of this chapter or of Title IV, Part B of the Higher Education Act of 1965, where applicable. (f) To adopt rules and regulations, not inconsistent with Title IV, Part B of the Higher Education Act of 1965, where applicable, governing the qualifications, including financial need, and application for and the granting, administration and terms of loans, made or guaranteed by the corporation, and governing any other matters relating to the activities of the corporation. (g) TO ISSUE BONDS, NOTES OR OTHER OBLIGATIONS OF THE CORPORATION, THE INTEREST ON WHICH SHALL BE INCLUDABLE IN THE GROSS INCOME OF THE HOLDER OR HOLDERS THEREOF FOR FEDERAL AND STATE INCOME TAX PURPOSES, TO FUND AND REFUND THE SAME, TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF AND TO SECURE THE SAME, ALL IN ACCORDANCE WITH SECTION 10a-217. [(g)] (h) To perform such other acts as may be necessary or appropriate to carry out effectively the objects and purposes of the corporation, as specified in this chapter or in Title IV, Part B of the Higher Education Act of 1965. Sec. 40. (NEW) (a) The Connecticut Student Loan Foundation, a nonprofit corporation is authorized from time to time to issue its bonds, notes or other obligations in such principal amounts as in the opinion of the corporation shall be necessary to provide sufficient funds for carrying out the purposes set forth in subsections (3) and (4) of section 10a-201 with respect to loans originated pursuant to Title 4 Part B of the Higher Education Act of 1965, 20 USC 1071 et seq., including the payment, funding or refunding of the principal of, or interest or redemption premiums on, any bonds, notes or other obligations issued by it whether the bonds, notes or other obligations or interest to be funded or refunded have or have not become due, the establishment of reserves to secure such bonds, notes or other obligations and all other expenditures of the corporation incident to and necessary or convenient to carry out the purposes set forth in subsections (3) and (4) of section 10a-201 with respect to loans originated pursuant to Title 4 Part B of the Higher Education Act of 1965, 20 USC 1071, et seq. (b) Except as may be otherwise expressly provided herein or by any resolution adopted by the corporation authorizing the issuance of bonds, notes or other obligations every issue of bonds, notes or other obligations shall be general obligations of the corporation payable out of any moneys or revenues of the corporation subject only to the limitation in the subsection and to any agreements with the holders of particular bonds, notes or other obligations pledging any particular moneys or revenues, or any specific pool of loans acquired by, the corporation. Any such bonds, notes or other obligations may be additionally secured by a pledge of any grant or contributions from any department, agency or instrumentality of the United States or person or a pledge of any moneys, income or revenues of the corporation from any source whatsoever. (c) Any provision of any law to the contrary notwithstanding, any bonds, notes or other obligations issued by the corporation pursuant to this section shall be fully negotiable within the meaning and for all purposes of title 42a, whether or not the form and character to so qualify under the terms thereof, subject only to the provisions of the authorizing resolution. Any such bonds made securities in which public officers and public bodies of the state and its political subdivisions, all insurance companies, credit unions, savings and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other fiduciaries and pension, profit-sharing and retirement funds may properly and legally invest funds, including capital in their control or belonging to them, and are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law. (d) Bonds, notes or other obligations of the corporation shall be authorized by resolution of the corporation and may be issued in one or more series and shall bear such date or dates, mature at such time or times, in the case of any such note, or any renewal thereof, not exceeding five years from the date of the original issue of such notes, and, in the case of bonds, not exceeding thirty years from the date of the original issue of such bonds bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable from such sources in such medium of payment at such place or places within or without this state, and be subject to such terms of redemption, with or without premium, as such resolution or resolutions may provide. Such resolution may delegate to the president of the corporation, acting solely or in combination with any one or more directors, the power to determine any details of such bonds, notes or other obligations and to award such bonds, notes or other obligations to purchasers. (e) Bonds, notes or other obligations of the corporation may be sold at public or private sale at such price or prices as the corporation shall determine. (f) Bonds, notes or other obligations of the corporation may be refunded and renewed from time to time as may be determined by resolution of the corporation, provided any such refunding or renewal shall be in conformity with any rights of the holders thereof. (g) Bonds, notes or other obligations of the corporation issued under the provisions of this section shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof other than the corporation or a pledge of the faith and credit of the state or of any such political subdivision other than the corporation, and shall not constitute bonds or notes issued or guaranteed by the state within the meaning of section 3-21 of the general statutes, but shall be payable solely from the funds herein provided therefor. All such bonds, bond notes or other obligations shall contain on the face thereof a statement to the effect that neither the state of Connecticut nor any political subdivision thereof other than the corporation shall be obligated to pay the same or the interest thereon except from revenues or other funds of the corporation and that neither the faith and credit nor the taxing power of the state of Connecticut or of any political subdivision thereof other than the corporation is pledged to the payment of the principal of or the interest on such bonds, notes or other obligations. (h) Any resolution or resolutions authorizing the issuance of bonds, notes or other obligations may contain provisions, except as expressly limited in this section and except as otherwise limited by existing agreements with the holders of bonds, notes or other obligations, which shall be a part of the contract with the holders thereof, as to the following: (i) The pledging of all or any part of the moneys received by the corporation (A) in payment of loans and interest thereon, (B) as guarantee or insurance payments with respect to loans and interest thereon or (C) otherwise with respect to loans and interest thereon and other moneys received or to be received, to secure the payment of the principal of and interest on any bonds, notes or other obligations or of any issue thereof; (ii) the pledging of all or any part of the assets of the corporation including but not limited to loans and the rights to receive payments pursuant to and enforce contracts with respect to loans and interest thereon, to secure the payment of principal and interest on any bonds, notes or other obligations or of any issue thereof; (iii) the use and disposition of the gross income from, and the payments of principal received by the corporation on, loans held by the corporation; (iv) the establishment of reserves or sinking funds, the making of charges and fees to provide for the same, and the regulation and disposition thereof; (v) limitations on the purpose to which the proceeds of sale of bonds, notes or other obligations may be applied and pledging such proceeds to secure the payment of the bonds, notes or other obligations, or of any issues thereof; (vi) limitations on the issuance of additional bonds, notes or other obligations; the terms upon which additional bonds, notes or other obligations may be issued and secured; the refunding or purchase of outstanding bonds, notes or other obligations of the corporation; (vii) the procedure, if any, by which the terms of any contract with the holders of any bonds, notes or other obligations of the corporation may be amended or abrogated, the amount of bonds, notes or other obligations the holders of which must consent thereto, and the manner in which such consent may be given; (viii) limitations on the amount of moneys to be expended by the corporation for operating, administrative or other expenses of the corporation; (ix) the vesting in a trustee or trustees of such property, rights, powers and duties in trust as the corporation may determine, which may include any or all of the rights, powers and duties of any trustee appointed by the holders of any bonds, notes or other obligations and limiting or abrogating the right of the holders of any bonds, notes or other obligations of the corporation to appoint a trustee under this chapter or limiting the rights, powers and duties of such trustee; (x) a trust agreement by and between the corporation and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the state, which agreement may provide for the pledging or assigning of any assets or income from assets to which or in which the corporation has any rights or interests, and may further provide for such other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of any bonds, notes or other obligations of the corporation and not otherwise in violation of law, which agreement may provide for the restriction of the rights and remedies of any individual holder of bonds, notes or other obligations of the corporation and which agreement may contain any further provisions which are reasonable and proper to delineate further the respective rights, duties, safeguards, responsibilities and liabilities of the corporation, of individual and collective holders of bonds, notes and other obligations of the corporation and the trustee and may further provide that all expenses incurred in carrying out the provisions of such trust agreement may be treated as a part of the cost of operation of the corporation; (xi) covenants to do or refrain from doing such acts and things as may be necessary or convenient or desirable in order to better secure any bonds, notes or other obligations of the corporation, or which, in the discretion of the corporation, will tend to make any bonds, notes or other obligations to be issued more marketable notwithstanding that such covenants, acts or things may not be enumerated herein; (xii) the satisfaction of federal requirements and (xiii) any other matters of like or different character, which in any way affect the security or protection of the bonds, notes or other obligations. (i) Any pledge made by the corporation of income, revenues or other property shall be valid and binding from the time the pledge is made. The income, revenue or other property so pledged and thereafter received by the corporation shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the corporation, irrespective of whether such parties have notice thereof. Any provision of law to the contrary notwithstanding, neither possession nor the filing of any financing or continuation statement shall be necessary with respect to any such income, revenues or other property to establish or evidence the lien of any such pledge with respect thereto. Neither this act, nor any resolution authorizing bonds, notes or other obligations, nor any trust agreement nor any other instrument by which such a pledge is created need be recorded. (j) The corporation is authorized and empowered to obtain from any department, agency or instrumentality of the United States any insurance or guarantee as to, or of or for the payment or repayment of, interest or principal, or both, or any part thereof, on any loans, or on any bonds, notes or other obligations issued by the corporation pursuant to the provisions of this section and notwithstanding any other provisions of this chapter to enter into any agreement, contract or any other instrument whatsoever with respect to any such insurance or guarantee or with respect to the origination, servicing, collection and administration of loans, except to the extent that such action would in any way impair or interfere with the corporation's ability to perform and fulfill the terms of any agreement made with the holders of the bonds, notes or other obligations of the corporation. (k) Neither the members of the board of directors of the corporation nor any person executing bonds, notes or other obligations issued pursuant to this section shall be liable personally on such bonds, notes or other obligations by reason of the issuance thereof. Any resolution authorizing the issuance of bonds, notes or other obligations may provide for the indemnification by the corporation of the members of the board of directors of the corporation and of any such person executing such bonds, notes or other obligations with respect to such bonds, notes or other obligations and the issuance thereof. (l) The corporation shall have power to purchase bonds, notes or other obligations of the corporation out of any funds available therefor. The corporation may hold, cancel or resell such bonds, notes or other obligations subject to and in accordance with agreements with holders of its bonds, notes and other obligations. (m) All moneys received by the corporation pursuant to any resolution or trust agreement authorized by this section, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in such resolution or trust agreement. Subject to the provisions of any resolution authorizing the issuance of bonds, notes or other obligations, any such moneys may be invested in the Connecticut short-term investment fund and in such other investments and investment agreements as may be approved by resolution of the corporation. Any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and the resolution authorizing the bonds of any issue or the trust agreement securing such bonds may provide. (n) Any holder of bonds, notes or other obligations issued under the provisions of this section or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds, notes or other obligations, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this section or by such resolution or trust agreement to be performed by the corporation or by any officer, employee or agent of the corporation, including the appointment of a receiver to administer any loans. (o) The corporation is authorized and empowered, from time to time, to issue bonds, notes or other obligations the interest on which shall be includable in the gross income of the holder or holders of such bonds, notes or other obligations under the Internal Revenue Code of 1986 or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and in the same manner that interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders or holders thereof under said Internal Revenue Code; the state hereby consents to such inclusion only for the bonds, notes and other obligations of the corporation authorized by this subsection. (p) In connection with, or incidental to, the issuance or carrying of bonds, notes or other obligations, or acquisition or carrying of any investment or program of investment, the corporation may enter into any contract with the financial institution having a rating of at least AA, or into any contract secured by security so rated, which the corporation determines to be necessary or appropriate to place the obligation or investment of the corporation, as represented by the bonds, notes or other obligations, investment or program of investment and the contract or contracts, in whole or in part, on the interest rate cash flow or other basis desired by the corporation. (q) In connection with, or incidental to, the issuance or carrying of bonds, notes or other obligations or entering into any of the contracts or agreement referred to in subsection (p), the corporation may enter into credit enhancement or liquidity agreements, with payment, interest rate, security, default, remedy and other terms and conditions as the corporation determines. (r) The state further covenants with the purchases and all other subsequent owners and transferees of bonds, notes or other obligations issued by the corporation pursuant to this section, in consideration of the acceptance of and payment for the bonds, notes or other obligations, until the bonds, notes or other obligations, together with the interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any action or proceeding on behalf of the owners, are fully met and discharged or unless expressly permitted or otherwise authorized by the terms of each contract and agreement made or entered into by or on behalf of the corporation with or for the benefit of such owners, that the state: (i) Will not create or cause to be created any lien or charge on the assets or revenues pledged to secure such bonds, notes or other obligations, other than a lien or pledge created thereon pursuant to this section; (ii) will not in any way impair the rights, exemptions or remedies of the owners; and (iii) will not limit, modify, rescind, repeal or otherwise alter the rights or obligations of the corporation to take such action as may be necessary to fulfill the terms of the resolution authorizing the issuance of the bonds, notes or other obligations; provided, that nothing herein shall preclude the state from exercising its power, through a change in law, to limit, modify, rescind, repeal or otherwise alter this chapter if and when adequate provision shall be made by law for the protection of the holders of outstanding bonds, notes or other obligations, pursuant to the resolution under which the bonds, notes or other obligations are issued. The corporation is authorized to include this covenant of the state, as a contract of the state, in any agreement with the owners of any bonds, notes or other obligations, in any credit facility or reimbursement agreement with respect to the bonds, notes or other obligations and in any agreement authorized by subsections (p) or (q) of this section. (s) The provisions of this section shall be deemed to provide a complete, additional and alternative method for the actions and the things authorized thereby and shall be regarded as supplemental and additional to powers granted by other laws; the issuance of bonds, notes or other obligations under the provisions of this section need not comply with the requirements of any law applicable to the issuance of bonds, notes or other obligations. This section, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purpose. None of the powers granted to the corporation under the provisions of this section shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any department, division, commission, board, body, bureau, official or agency thereof or of the state, and the exercise thereof shall not cause the corporation to be construed to be an agency within the scope of section 54 or a department, institution or agency of the state. Sec. 41. Subdivision (2) of subsection (e) of section 10-76d of the general statutes, as amended by section 1 of public act 93-91 and section 9 of public act 93-381, is repealed and the following is substituted in lieu thereof: (2) Notwithstanding any other provisions of the general statutes, for the fiscal year ending June 30, 1987, and each fiscal year thereafter, whenever a public agency, other than a local or regional board of education, the state board of education or the superior court acting pursuant to section 10-76h, AS AMENDED, places a child in a foster home, group home, hospital, state institution, receiving home, custodial institution or any other residential or day treatment facility, and such child requires special education, the local or regional board of education under whose jurisdiction the child would otherwise be attending school or, if no such board can be identified, the local or regional board of education of the town where the child is placed, shall: (A) Provide the requisite identification and evaluation of such child in accordance with the provisions of this section; and (B) be financially responsible, EXCEPT AS PROVIDED IN THIS SUBDIVISION, for the reasonable costs of special education instruction, as defined in the regulations of the state board of education, in an amount equal to the lesser of one hundred per cent of the costs of such education or two and one-half times the average per pupil educational costs of such board of education for the prior fiscal year, determined in accordance with the provisions of subsection (a) of section 10-76f, AS AMENDED BY SECTIONS 8 AND 21 OF PUBLIC ACT 93-353. The state board of education shall pay on a current basis, except as provided in THIS SUBDIVISION AND subdivision (3) of this subsection, any costs in excess of the local or regional board's basic contributions paid by such board of education in accordance with the provisions of this subdivision, PROVIDED ANY SCHOOL DISTRICT IN WHICH (i) THE RATIO OF CHILDREN PLACED IN FOSTER HOMES BY A PUBLIC AGENCY OTHER THAN A LOCAL OR REGIONAL BOARD OF EDUCATION, THE STATE BOARD OF EDUCATION OR THE SUPERIOR COURT ACTING PURSUANT TO SECTION 10-76h, AS AMENDED BY SECTION 1 OF PUBLIC ACT 93-91, SECTION 10 OF PUBLIC ACT 93-353 AND SECTION 2 OF PUBLIC ACT 93-352, FOR WHOM NO SCHOOL DISTRICT CAN BE IDENTIFIED WHERE SUCH CHILDREN WOULD OTHERWISE BE ATTENDING SCHOOL TO THE AVERAGE DAILY MEMBERSHIP OF THE SCHOOL DISTRICT, AS DEFINED IN SUBDIVISION (2) OF SECTION 10-261, EXCEEDS ONE-QUARTER OF ONE PER CENT AT ANY TIME DURING THE SCHOOL YEAR AND (ii) THE TOTAL NUMBER OF SUCH CHILDREN IN THE SCHOOL DISTRICT EXCEEDS FIVE AT ANY TIME DURING THE SCHOOL YEAR SHALL BE PAID BY SEPTEMBER THIRTIETH OF THE FOLLOWING FISCAL YEAR BY THE AGENCY WHICH PLACED THE CHILDREN FIFTY PER CENT OF THE ACTUAL COSTS OF SPECIAL EDUCATION AND RELATED SERVICES PROVIDED TO SUCH CHILDREN OR THE DIFFERENCE BETWEEN THE AVERAGE PER PUPIL EDUCATIONAL COSTS OF SUCH SCHOOL DISTRICT FOR THE PRIOR FISCAL YEAR AS DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF SAID SUBSECTION (a) OF SECTION 10-76f AND THE ACTUAL COSTS OF SPECIAL EDUCATION AND RELATED SERVICES COSTS FOR SUCH CHILDREN, WHICHEVER IS LESS. The costs for services other than educational shall be paid by the state agency which placed the child. Said state agency shall make available current and accurate information to the local or regional board of education of the town where the child is placed if a local or regional board under whose jurisdiction the child would otherwise be attending school is not identified, for purposes of identifying such a board. The provisions of this subdivision shall not apply to the school districts established within the department of children and families, pursuant to section 17a-37, AS AMENDED BY PUBLIC ACT 93-91, the department of correction, pursuant to section 18-99a, or the department of mental retardation, pursuant to section 17a-240. Sec. 42. Notwithstanding the provisions of section 10-16l of the general statutes, as amended by section 50 of public act 93-353, in the 1993-94 school year, a local or regional board of education may establish a firm graduation date for students in grade twelve which is earlier than the one hundred eighty-fifth day noted in the school calendar originally adopted by the board for the school year. Sec. 43. (NEW) The provisions of sections 10-76a to 10-76h, inclusive, of the general statutes, as amended, shall not be construed to require any local, regional or state board of education to provide special education programs or services for any child whose parent or guardian has chosen to educate such child in a home or private school in accordance with the provisions of section 10-184 of the general statutes and who refuses to consent to such programs or services. Sec. 44. (NEW) Notwithstanding any provision of the general statutes or public or special act granting the commissioner of education the authority to waive provisions of the general statutes, the commissioner of education shall not limit the authority of parents or guardians to provide for equivalent instruction pursuant to section 10-184 of the general statutes. Sec. 45. Subdivision (9) of subsection (e) of section 2c-2b of the general statutes is repealed. Sec. 46. This act shall take effect from its passage except that sections 41, 43 and 44 shall take effect July 1, 1994. Approved June 2, 1994