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public act 93-263, is repealed and  the  following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repealed and the following is substituted in  lieu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