Substitute House Bill No. 6890 Substitute House Bill No. 6890 PUBLIC ACT NO. 97-290 AN ACT ENHANCING EDUCATIONAL CHOICES AND OPPORTUNITIES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 10-4a of the general statutes is repealed and the following is substituted in lieu thereof: For purposes of sections 10-4, 10-4b and 10-220, the educational interests of the state shall include, but not be limited to, the concern of the state THAT (1) [that] each child shall have for the period prescribed in the general statutes equal opportunity to receive a suitable program of educational experiences; (2) [that] each school district shall finance at a reasonable level at least equal to the minimum expenditure requirement pursuant to the provisions of section 10-262j an educational program designed to achieve this end; (3) IN ORDER TO REDUCE RACIAL, ETHNIC AND ECONOMIC ISOLATION, EACH SCHOOL DISTRICT SHALL PROVIDE EDUCATIONAL OPPORTUNITIES FOR ITS STUDENTS TO INTERACT WITH STUDENTS AND TEACHERS FROM OTHER RACIAL, ETHNIC, AND ECONOMIC BACKGROUNDS AND MAY PROVIDE SUCH OPPORTUNITIES WITH STUDENTS FROM OTHER COMMUNITIES; and [(3) that] (4) the mandates in the general statutes pertaining to education within the jurisdiction of the State Board of Education be implemented. Sec. 2. (NEW) (a) A local or regional board of education for purposes of subdivision (3) of section 10-4a of the general statutes, as amended by section 1 of this act, may offer such programs or use such methods as: (1) Interdistrict magnet school programs; (2) charter schools; (3) interdistrict after-school, Saturday and summer programs and sister-school projects; (4) intradistrict and interdistrict public school choice programs; (5) interdistrict school building projects; (6) interdistrict program collaboratives for students and staff; (7) minority staff recruitment; (8) distance learning through the use of technology; and (9) any other experience that increases awareness of the diversity of individuals and cultures. (b) Each local and regional board of education shall report by October 1, 1998, and biennially thereafter, to the regional educational service center for its area on the programs and activities undertaken in its school district to reduce racial, ethnic and economic isolation, including (1) information on the number and duration of such programs and activities and the number of students and staff involved, and (2) evidence of the progress over time in the reduction of racial, ethnic and economic isolation. (c) Each regional educational service center shall report by December 1, 1998, and biennially thereafter, to the Commissioner of Education on the programs and activities undertaken in its region to reduce racial, ethnic and economic isolation. (d) The Commissioner of Education shall report, by January 1, 1999, and biennially thereafter, in accordance with section 10-4a of the general statutes, as amended by section 1 of this act, to the Governor and the General Assembly on activities and programs designed to reduce racial, ethnic and economic isolation. The report shall include statistics on any growth in such programs or expansion of such activities over time, an analysis of the success of such programs and activities in reducing racial, ethnic and economic isolation, a recommendation for any statutory changes that would assist in the expansion of such programs and activities and the sufficiency of the annual grant pursuant to subsection (f) of section 3 of this act and whether additional financial incentives would improve the program established pursuant to section 3 of this act. Sec. 3. (NEW) (a) As used in this section: (1) "Receiving district" means any school district that accepts students under the program established pursuant to this section; and (2) "Sending district" means any school district which sends students it would otherwise be legally responsible for educating to another school district under the program. (b) There is established, within available appropriations, a state-wide interdistrict public school attendance program. The purpose of the program shall be to: (1) Improve academic achievement; (2) reduce racial, ethnic and economic isolation or preserve racial and ethnic balance; and (3) provide a choice of educational programs for students. (c) The program shall be phased in as provided in this subsection. (1) For the fiscal year ending June 30, 1998, the Department of Education shall provide grants in the amount of fifty thousand dollars each to the regional educational service centers for the Hartford, New Haven and Bridgeport regions to assist school districts in planning for the operation of the program. (2) For the school year commencing in 1998, and for each school year thereafter, the program shall be in operation in the Hartford, New Haven and Bridgeport regions. Students who reside in Hartford, New Haven or Bridgeport may attend school in another school district in the region and students who reside in such other school districts may attend school in Hartford, New Haven or Bridgeport. The Department of Education shall provide, within available appropriations, a grant for the fiscal year ending June 30, 1999, to the remaining regional educational service centers to assist school districts in planning for the expansion of the program to every school district in the state. (3) For the school year commencing in 1999, and for each school year thereafter, the program shall be in operation in every school district in the state and students may attend school in any school district in accordance with the provisions of this section, including the purposes specified in subsection (b) of this section. (d) Once the program is in operation in the region served by a regional educational service center pursuant to subsection (c) of this section, the Department of Education shall provide, annually, a grant in the amount of one hundred thousand dollars to such a regional educational service center to assist school districts in its area in administering the program. Each regional educational service center shall convene a meeting of representatives of the school districts in its area in order for school districts to report the number of spaces available for out-of-district students under the program. If there are more students who seek to attend school in a receiving district than there are spaces available, the regional educational service center shall assist the school district in determining attendance by the use of a lottery or lotteries designed to preserve or increase racial, ethnic and economic diversity, except that the regional educational service center shall give preference to siblings and to students who would otherwise attend a school that has lost its accreditation by the New England Association of Schools and Colleges. The admission policies shall be consistent with section 10-15c of the general statutes. No receiving district shall recruit students under the program for athletic or extracurricular purposes. Each receiving district shall allow an out-of-district student it accepts to complete the highest grade in the school he is attending under the program established pursuant to this section. (e) The Department of Education shall provide, within available appropriations, grants to regional educational service centers or local or regional boards of education for the reasonable cost of transportation for students participating in the program, provided such grants do not exceed an amount equal to one thousand dollars for each student transported. The regional education service centers shall ensure that transportation is available for students who wish to participate in after-school activities. (f) The Department of Education shall provide, within available appropriations, an annual grant to each receiving district in an amount not to exceed two thousand dollars for each out-of-district student who attends school in the receiving district under the program provided, for the fiscal year ending June 30, 1999, the combined total of students in the program and the program established pursuant to section 10-266j of the general statutes, as amended by section 5 of this act, shall not exceed one thousand students. (g) Notwithstanding any provision of chapter 172 of the general statutes, each sending district and each receiving district shall divide the number of children participating in the program who reside in such district or attend school in such district by two for purposes of the counts for subdivision (22) of section 10-262f of the general statutes, as amended by section 24 of this act, and subdivision (2) of subsection (a) of section 10-261 of the general statutes, as amended by section 25 of this act, but shall not count such children for the purposes of any other count under said sections 10-262f and 10-261. (h) In the case of an out-of-district student who requires special education and related services, the sending district shall pay the receiving district an amount equal to the difference between the reasonable cost of providing such special education and related services to such student and the amount received by the receiving district pursuant to subdivision (f) of this section. The sending district shall be eligible for reimbursement pursuant to section 10-76g of the general statutes. (i) Nothing in this section shall prohibit school districts from charging tuition to other school districts that do not have a high school pursuant to section 10-33 of the general statutes. Sec. 4. (NEW) (a) The State Board of Education shall develop a five-year implementation plan with appropriate goals and strategies to achieve resource equity and equality of opportunity, increase student achievement, reduce racial, ethnic and economic isolation, improve effective instruction and encourage greater parental and community involvement in all public schools of the state. The implementation plan shall: (1) Include methods for significantly reducing over a five-year period any disparities among school districts in terms of resources, staff, programs and curriculum, student achievement and community involvement that negatively impact student learning, (2) provide for monitoring by the Department of Education of the progress made in reducing such disparities, and (3) include proposals for minority staff recruitment, including but not limited to, alternative certification, mentoring programs, involvement of the community-technical colleges and efforts by regional educational service centers. (b) Prior to developing the plan, the State Board of Education shall conduct a state-wide assessment of the disparities among local and regional school districts and make comparisons to relevant national standards or regional accreditation standards, in the areas of: (1) Resources, including educational materials, supplies, equipment, textbooks, library materials, facilities and expenditures by category and in total; (2) staff, including the education and experience of teachers, staff-student ratios, the racial and ethnic characteristics of staff, minority staff recruitment and a comparison of the racial diversity of school staffs to the racial diversity of the region where the school is located; (3) program and curriculum, including course offerings, requirements, enrolments in advanced, special and compensatory education, programs and services to students with limited English proficiency and an analysis of such programs and services in terms of the recommendations of the bilingual education task force, policies on student assignment and promotion, extra-curricula activities and student participation, goals and objectives and content and performance standards, opportunities for summer school, school-to-career transition, alternative programs, and parent-student choice of school or program; (4) student achievement, including the effect of social promotional policies on student achievement, state and national assessments, drop-out rates, attendance, graduation follow-up data, artistic, athletic and community service accomplishments, other documentation of student success, and success in reducing the racial, ethnic and economic isolation of students; and (5) community involvement, including parent and family contact with the school and teachers, business partnerships, joint programs with community agencies, town-wide pre-school coordination, opportunities for adult basic education and parenting education. (c) (1) The State Board of Education shall report, in accordance with section 11-4a of the general statutes, on the plan developed pursuant to this section to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education by February 1, 1998. The report shall: (A) Include the results of the assessment conducted pursuant to subdivisions (1) and (2) of subsection (b) of this section, (B) include recommendations for changes in state law, budget proposals and administrative actions, where appropriate, that would assist in reducing the disparities among school districts and increasing the accountability of school districts, and (C) identify the responsibility of individual boards of education to achieve the goals as specified in subsection (a) of this section in their school districts. (2) On or before January 1, 1999, the State Board of Education shall so report, to the Governor and said committee on (A) the assessment conducted pursuant to subdivisions (3) to (5), inclusive, of subsection (b) of this section, (B) include recommendations described in subparagraph (B) of subdivision (1) of this subsection and (C) identify the responsibility of individual boards of education to take specific action to improve conditions in their school districts. (3) On or before January 1, 2001, and biennially thereafter, the State Board of Education shall so report to the Governor and said committee on the progress made in reducing the disparities among school districts and the remaining barriers to and recommendations for achieving the goals specified in subsection (a) of this section. Sec. 5. Subsection (d) of section 10-266j of the general statutes is repealed and the following is substituted in lieu thereof: (d) [Each] FOR EACH FISCAL YEAR COMMENCING PRIOR TO JULY 1, 1998, EACH receiving district shall receive, from the amount appropriated for purposes of this subsection, a grant in an amount equal to four hundred sixty-eight dollars for each participating child who attended school in the district in the fiscal year prior to the year in which the grant is to be paid. FOR THE FISCAL YEAR ENDING JUNE 30, 1999, AND EACH FISCAL YEAR THEREAFTER, EACH RECEIVING DISTRICT SHALL RECEIVE, WITHIN AVAILABLE APPROPRIATIONS, A GRANT FROM THE DEPARTMENT OF EDUCATION IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH OUT-OF-DISTRICT STUDENT WHO ATTENDS SCHOOL IN THE RECEIVING DISTRICT PURSUANT TO THIS SECTION, PROVIDED FOR THE FISCAL YEAR ENDING JUNE 30, 1999, THE COMBINED TOTAL OF STUDENTS IN THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION AND THE PROGRAM ESTABLISHED PURSUANT TO SECTION 3 OF THIS ACT SHALL NOT EXCEED ONE THOUSAND STUDENTS. Sec. 6. Section 10-4g of the general statutes is repealed and the following is substituted in lieu thereof: (a) The State Board of Education shall develop and distribute to all local and regional boards of education a model program to encourage the participation of parents AND THE COMMUNITY in the local or regional educational system. The model program shall include, but not be limited to, the establishment of [local or regional panels] SCHOOL-BASED TEAMS with representatives of parents, students, teachers, administrators, [and] local or regional boards of education AND COMMUNITY GROUPS AND ORGANIZATIONS assembled to: [foster] (1) FOSTER model agreements between parents and their children with the cooperation of the school, such agreements to cover goals and objectives for the student for the school year; [, and to] (2) adopt agreements to foster cooperation AND IMPROVE COMMUNICATION between such representatives regarding matters such as academic rights and responsibilities, codes of social conduct and disciplinary policies; AND (3) DEVELOP AGREEMENTS TO ENCOURAGE COMMUNITY RESIDENTS TO TAKE AN ACTIVE ROLE IN IMPROVING THE SCHOOL AND TO BECOME SCHOOL VOLUNTEERS. The model program developed by the state board shall provide model agreements for the use of [such local or regional panels] SCHOOL-BASED TEAMS in the development of their own local or regional agreements. (b) The State Board of Education shall develop a program to encourage local and regional boards of education to develop and implement plans to involve parents of students in the educational process in that district AND TO INCREASE COMMUNITY INVOLVEMENT IN THE SCHOOLS. The local programs shall include, but not be limited to, providing REGULAR CONTACT WITH ALL parents, [with] INCLUDING opportunities FOR PARENTS to meet with their children's instructors for the purpose of reviewing the curriculum of their child's program, and developing strategies for parents to actively assist in the educational process. Such local programs shall also include the development of written materials designed to familiarize parents with their child's curriculum and to detail specific activities parents and students may undertake together to enrich the child's education experience and development. The State Board of Education shall develop such program on or before [January 15, 1985] JULY 1, 1998, and shall immediately distribute the materials explaining the program to all local and regional boards of education. [Boards of education may submit their plans to the State Board of Education and the board shall select and distribute model plans to local and regional boards of education.] Sec. 7. Subsections (c) and (d) of section 10-66bb of the general statutes are repealed and the following is substituted in lieu thereof: (c) The State Board of Education shall review, annually, all applications and grant charters, provided for the period from July 1, 1997, to June 30, 1999, (1) no more than [twelve] TWENTY-FOUR charters for [local] charter schools [and no more than twelve charters for state charter schools] are granted [,] AND (2) no state charter school enrolls more than two hundred [and] fifty students or twenty-five per cent of the enrolment of the school district in which the state charter school is to be located, whichever is less. [, and the total student population of all the state charter schools does not exceed one thousand students, (3) no more than two local charter schools and no more than two state charter schools operate within any Congressional district at any one time, and (4) no more than two charter schools operate within a school district at any one time.] The State Board of Education shall give preference to applicants [who] FOR CHARTER SCHOOLS THAT will serve students who reside in a priority school district pursuant to section 10-266p OR IN A DISTRICT IN WHICH SEVENTY-FIVE PER CENT OR MORE OF THE ENROLLED STUDENTS ARE MEMBERS OF RACIAL OR ETHNIC MINORITIES and to applicants for state charter schools that WILL BE LOCATED AT A WORK-SITE OR THAT are institutions of higher education. In determining whether to grant a charter, the State Board of Education shall consider THE EFFECT OF THE PROPOSED CHARTER SCHOOL ON THE REDUCTION OF RACIAL, ETHNIC AND ECONOMIC ISOLATION IN THE REGION IN WHICH IT IS TO BE LOCATED, THE REGIONAL DISTRIBUTION OF CHARTER SCHOOLS IN THE STATE AND the potential of over concentration of charter schools WITHIN A SCHOOL DISTRICT OR in contiguous school districts. (d) Applications pursuant to this section shall include a description of: (1) The mission, purpose and any specialized focus of the proposed charter school; (2) the interest in the community for the establishment of the charter school; (3) the school governance and procedures for the establishment of a governing council by the applicant, teachers, administrators and parents and guardians of students enrolled in the school; (4) the financial plan for operation of the school, provided no application fees or other fees for attendance, except as provided in section 10-66ee, AS AMENDED BY SECTION 9 OF THIS ACT, may be charged; (5) the educational program, instructional methodology and services to be offered to students; (6) the number and qualifications of teachers and administrators to be employed in the school; (7) the organization of the school in terms of the ages or grades to be taught and the total estimated enrolment of the school; (8) the student admission criteria and procedures to [ensure] (A) ENSURE effective public information, (B) ENSURE open access on a space available basis, [and] (C) PROMOTE A DIVERSE STUDENT BODY, AND (D) that the school COMPLIES WITH THE PROVISIONS OF SECTION 10-15c AND THAT IT does not discriminate on the basis of [race, color, national origin, gender, religion,] disability, athletic performance or proficiency in the English language, provided the school may limit enrolment to a particular grade level or specialized educational focus and, if there is not space available for all students seeking enrolment, the school may give preference to siblings but shall otherwise determine enrolment by a lottery; (9) a means to assess student performance that includes participation in state-wide mastery examinations pursuant to chapter 163c; (10) procedures for teacher evaluation and professional development for teachers and administrators; (11) the provision of school facilities, pupil transportation and student health and welfare services; (12) procedures to encourage involvement by parents and guardians of enrolled students in student learning, school activities and school decision-making; [and] (13) DOCUMENT EFFORTS TO INCREASE THE RACIAL AND ETHNIC DIVERSITY OF STAFF; AND [(13)] (14) a five-year plan to sustain the maintenance and operation of the school. Subject to the provisions of subsection (b) of section 10-66dd, an application may include, or a charter school may file, requests to waive provisions of the general statutes and regulations not required by sections 10-66aa to 10-66ff, inclusive, AS AMENDED BY THIS ACT, and which are within the jurisdiction of the State Board of Education. Sec. 8. Subsection (b) of section 10-66cc of the general statutes is repealed and the following is substituted in lieu thereof: (b) The governing council of each charter school shall submit annually, to the Commissioner of Education, at such time and in such manner as he prescribes, and, in the case of a local charter school, to the local or regional board of education for the school district in which the school is located, a report on the condition of the school, including (1) the educational progress of students in the school, (2) the financial condition of the school, including a certified audit statement of all revenues and expenditures, [and] (3) accomplishment of the mission, purpose and any specialized focus of the charter school, AND (4) THE RACIAL AND ETHNIC COMPOSITION OF THE STUDENT BODY AND EFFORTS TAKEN TO INCREASE THE RACIAL AND ETHNIC DIVERSITY OF THE STUDENT BODY. Sec. 9. Section 10-66ee of the general statutes is repealed and the following is substituted in lieu thereof: (a) For the purposes of education equalization aid under section 10-262h a student enrolled (1) in a local charter school shall be considered a student enrolled in the school district in which he resides, and (2) in a state charter school shall not be considered a student enrolled in the school district in which he resides. (b) The local board of education of the school district in which a student enrolled in a local charter school resides shall [,] pay, annually, in accordance with its charter, to the fiscal authority for the charter school for each such student the amount specified in its charter. (c) (1) The state shall, annually, pay in accordance with this subsection, to the fiscal authority for a state charter school, for each student enrolled in such school, an amount equal to one hundred five per cent of the foundation level pursuant to subdivision (9) of section 10-262f, per student for the fiscal year in which the payment is made. Such [payment] PAYMENTS shall be made as follows: [Ten] TWENTY-FIVE per cent of the amount determined pursuant to this subsection [on] IN July [first] AND SEPTEMBER based on ESTIMATED student enrolment on May first, and [thirty] TWENTY-FIVE per cent of such amount [on October first,] IN January [first] and THE REMAINING AMOUNT IN April [first] each based on student enrolment on [September] OCTOBER first. (2) IN THE CASE OF A STUDENT IDENTIFIED AS REQUIRING SPECIAL EDUCATION, THE SCHOOL DISTRICT IN WHICH THE STUDENT RESIDES SHALL: (A) HOLD THE PLANNING AND PLACEMENT TEAM MEETING FOR SUCH STUDENT AND SHALL INVITE REPRESENTATIVES FROM THE CHARTER SCHOOL TO PARTICIPATE IN SUCH MEETING; AND (B) PAY THE STATE CHARTER SCHOOL AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE REASONABLE COST OF EDUCATING SUCH STUDENT AND THE SUM OF THE AMOUNT RECEIVED BY THE STATE CHARTER SCHOOL FOR SUCH STUDENT PURSUANT TO SUBDIVISION (1) OF THIS SUBSECTION AND AMOUNTS RECEIVED FROM OTHER STATE, FEDERAL, LOCAL OR PRIVATE SOURCES CALCULATED ON A PER PUPIL BASIS. SUCH SCHOOL DISTRICT SHALL BE ELIGIBLE FOR REIMBURSEMENT PURSUANT TO SECTION 10-76g. (d) NOTWITHSTANDING ANY PROVISION OF THE GENERAL STATUTES TO THE CONTRARY, IF AT THE END OF A FISCAL YEAR AMOUNTS RECEIVED BY A STATE CHARTER SCHOOL, PURSUANT TO SUBDIVISION (1) OF THIS SUBSECTION, ARE UNEXPENDED, THE CHARTER SCHOOL (1) MAY USE, FOR THE EXPENSES OF THE CHARTER SCHOOL FOR THE FOLLOWING FISCAL YEAR, UP TO TEN PER CENT OF SUCH AMOUNTS, AND (2) MAY (A) CREATE A RESERVE FUND TO FINANCE A SPECIFIC CAPITAL OR EQUIPMENT PURCHASE OR ANOTHER SPECIFIED PROJECT AS MAY BE APPROVED BY THE COMMISSIONER, AND (B) DEPOSIT INTO SUCH FUND UP TO FIVE PER CENT OF SUCH AMOUNTS. [(d)] (e) The local OR REGIONAL board of education of the school district in which the charter school is located shall provide transportation services for students of the charter school who reside in such school district pursuant to section 10-273a unless the charter school makes other arrangements for such transportation. ANY LOCAL OR REGIONAL BOARD OF EDUCATION MAY PROVIDE TRANSPORTATION SERVICES TO A STUDENT ATTENDING A CHARTER SCHOOL OUTSIDE OF THE DISTRICT IN WHICH THE STUDENT RESIDES AND, IF IT ELECTS TO PROVIDE SUCH TRANSPORTATION, SHALL BE REIMBURSED PURSUANT TO SECTION 10-266m, AS AMENDED BY SECTION 27 OF THIS ACT, FOR THE REASONABLE COSTS OF SUCH TRANSPORTATION. ANY LOCAL OR REGIONAL BOARD OF EDUCATION PROVIDING TRANSPORTATION SERVICES UNDER THIS SUBSECTION MAY SUSPEND SUCH SERVICES IN ACCORDANCE WITH THE PROVISIONS OF SECTION 10-233c. [(e)] (f) Charter schools shall be eligible to the same extent as boards of education for any grant for special education, COMPETITIVE STATE GRANTS AND GRANTS PURSUANT TO SECTIONS 10-17g AND 10-266w. (g) IF THE COMMISSIONER FINDS THAT ANY CHARTER SCHOOL USES A GRANT UNDER THIS SECTION FOR A PURPOSE THAT IS INCONSISTENT WITH THE PROVISIONS OF THIS PART, THE COMMISSIONER MAY REQUIRE REPAYMENT OF SUCH GRANT TO THE STATE. [(f)] (h) Charter schools shall receive, in accordance with federal law and regulations, any federal funds available for the education of any pupils attending public schools. [(g)] (i) The governing council of a charter school may (1) contract or enter into other agreements for purposes of administrative or other support services, transportation, plant services or leasing facilities or equipment, and (2) receive and expend private funds or public funds, including funds from local or regional boards of education AND FUNDS RECEIVED BY LOCAL CHARTER SCHOOLS FOR OUT-OF-DISTRICT STUDENTS, for school purposes. Sec. 10. Subsection (a) of section 10-69 of the general statutes is repealed and the following is substituted in lieu thereof: (a) Each local and regional board of education shall establish and maintain a program of adult classes or shall provide for participation in a program of adult classes for its adult residents through cooperative arrangements with one or more other boards of education, one or more cooperating eligible entities or a regional educational service center pursuant to the provisions of section 10-66a. Such board of education may admit an adult to any public elementary or secondary school. No person enrolled in a full-time program of study in any local or regional school district may enroll in an adult education activity without the approval of the school principal of the school in which such person is enrolled in such full-time program. Instruction: (1) Shall be provided in Americanization and United States citizenship, English for adults with limited English proficiency and elementary and secondary school completion programs or classes; and (2) may be provided IN (A) [in] any subject provided by the elementary and secondary schools of such school district, including vocational education, [; and (B) in] (B) ADULT LITERACY, (C) PARENTING SKILLS, AND (D) any other subject or activity. Sec. 11. (NEW) Each local and regional board of education shall conduct an instructional time and facility usage assessment in order to maximize student learning and community use of facilities. For purposes of such audit, the superintendent of schools of each school district shall meet regularly with representatives from the public library and the recreation department in the town or towns that comprise the school district to coordinate the availability of facilities. Sec. 12. Section 10-74d of the general statutes is repealed and the following is substituted in lieu thereof: (a) The state Department of Education shall, within available appropriations and after payments made pursuant to sections 10-264i, 10-264l, AS AMENDED BY SECTION 16 OF THIS ACT, and 10-266j, maintain a competitive grant program for the purpose of assisting local and regional boards of education and regional educational service centers with the establishment and operation of interdistrict cooperative programs, INCLUDING PROGRAMS PURSUANT TO SECTION 13 OF THIS ACT AND LIGHTHOUSE SCHOOLS, AS DEFINED IN SECTION 18 OF THIS ACT, BUT excluding interdistrict magnet school programs for which a local or regional board of education or a regional educational service center receives funds pursuant to section 10-264h, AS AMENDED BY SECTION 15 OF THIS ACT, or 10-264l, AS AMENDED BY SECTION 16 OF THIS ACT. (b) To be eligible for a grant under this section, each application shall be submitted pursuant to a cooperative arrangement on behalf of two or more local or regional boards of education or be submitted by a regional educational service center solely or pursuant to a cooperative arrangement with one or more local or regional boards of education. Applications shall be submitted annually to the Commissioner of Education at such times and in such manner as the commissioner prescribes. In determining whether an application shall be approved and funds awarded pursuant to this section, the commissioner shall consider, but such consideration shall not be limited to, the following factors: (1) The specific objectives and description of the proposed program; (2) the cost; (3) the number of school districts and students [benefited] THAT WILL BENEFIT, PROVIDED ON AND AFTER JULY 1, 1998, THE COMMISSIONER SHALL NOT AWARD A GRANT FOR A PROGRAM IN WHICH MORE THAN EIGHTY PER CENT OF THE STUDENTS ARE FROM ONE SCHOOL DISTRICT; (4) the relative wealth of the participating school districts; (5) whether the proposed program is likely to (A) increase student performance as measured by state-wide mastery examination results and (B) [enhance student diversity and awareness of diversity] REDUCE RACIAL, ETHNIC AND ECONOMIC ISOLATION; and (6) whether participating school districts are located within regions described in section 10-264k which approved regional plans in accordance with section 10-264c. (c) The state Department of Education may retain up to one per cent of the amount appropriated for interdistrict cooperative grants pursuant to this section for state-wide technical assistance, program monitoring and evaluation, and administration. Sec. 13. (NEW) Local and regional boards of education and regional educational service centers shall be eligible to receive grants pursuant to section 10-74d of the general statutes, as amended by section 12 of this act, for interdistrict cooperative programs (1) to establish full-time resident summer programs at colleges and universities to provide academically challenging courses for students from different backgrounds and communities, and (2) for distance learning and other technologies. Sec. 14. Section 10-221 of the general statutes is repealed and the following is substituted in lieu thereof: (a) Boards of education shall prescribe rules for the management, studies, classification and discipline of the public schools and, subject to the control of the State Board of Education, the textbooks to be used; shall make rules for the control, within their respective jurisdictions, of school library media centers and approve the selection of books and other educational media therefor, and shall approve plans for public school buildings and superintend any high or graded school in the manner specified in this title. (b) Not later than July 1, 1985, each local and regional board of education shall develop, adopt and implement written policies concerning homework, attendance, promotion and retention. The state Department of Education shall make available model policies and guidelines to assist local and regional boards of education in meeting the responsibilities enumerated in this subsection. (c) Boards of education may prescribe rules to impose sanctions against pupils who damage or fail to return textbooks, library materials or other educational materials. Said boards may charge pupils for such damaged or lost textbooks, library materials or other educational materials and may withhold grades, transcripts or report cards until the pupil pays for or returns the textbook, library book or other educational material. (d) Not later than July 1, 1991, each local and regional board of education shall develop, adopt and implement policies and procedures in conformity with section 10-154a for (1) dealing with the use, sale or possession of alcohol or controlled drugs, as defined in subsection (8) of section 21a-240, by public school students on school property, including a process for coordination with, and referral of such students to, appropriate agencies and (2) cooperating with law enforcement officials. (e) Not later than July 1, 1990, each local and regional board of education shall adopt a written policy and procedures for dealing with youth suicide prevention and youth suicide attempts. Each such board of education may establish a student assistance program to identify risk factors for youth suicide, procedures to intervene with such youth, referral services and training for teachers and other school professionals and students who provide assistance in the program. (f) NOT LATER THAN SEPTEMBER 1, 1998, EACH LOCAL AND REGIONAL BOARD OF EDUCATION SHALL DEVELOP, ADOPT AND IMPLEMENT WRITTEN POLICIES AND PROCEDURES TO ENCOURAGE PARENT-TEACHER COMMUNICATION. THESE POLICIES AND PROCEDURES MAY INCLUDE MONTHLY NEWSLETTERS, REQUIRED REGULAR CONTACT WITH ALL PARENTS, FLEXIBLE PARENT-TEACHER CONFERENCES, DROP-IN HOURS FOR PARENTS, HOME VISITS AND THE USE OF TECHNOLOGY SUCH AS HOMEWORK HOT LINES TO ALLOW PARENTS TO CHECK ON THEIR CHILDREN'S ASSIGNMENTS AND STUDENTS TO GET ASSISTANCE IF NEEDED. Sec. 15. Subsections (a) and (b) of section 10-264h of the general statutes are repealed and the following is substituted in lieu thereof: (a) For the fiscal year ending June 30, 1996, and each fiscal year thereafter, a local or regional board of education, [or] regional educational service center OR A COOPERATIVE ARRANGEMENT PURSUANT TO SECTION 10-158a FOR PURPOSES OF AN INTERDISTRICT MAGNET SCHOOL may be eligible for reimbursement up to the full reasonable cost of any capital expenditure for the purchase, construction, extension, replacement, leasing or major alteration of interdistrict magnet school facilities, including any expenditure for the purchase of equipment, in accordance with this section. To be eligible for reimbursement under this section a magnet school construction project shall meet the requirements established in chapter 173, except that the commissioner OF EDUCATION may waive any requirement in such chapter for good cause. ON AND AFTER JULY 1, 1997, THE COMMISSIONER SHALL APPROVE ONLY APPLICATIONS FOR REIMBURSEMENT UNDER THIS SECTION THAT HE FINDS WILL REDUCE RACIAL, ETHNIC AND ECONOMIC ISOLATION. (b) [The] SUBJECT TO THE PROVISIONS OF SUBSECTION (a) OF THIS SECTION, THE applicant shall receive current payments of scheduled estimated eligible project costs for the facility, provided (1) the applicant files an application for a school building project, in accordance with section 10-283 by the date prescribed by the commissioner, (2) final plans and specifications for the project are approved pursuant to sections 10-291 and 10-292, and (3) such district submits to the commissioner, in such form as the commissioner prescribes, and the commissioner approves a plan for the operation of the facility which includes, but need not be limited to: A description of the educational programs to be offered, the completion date for the project, an estimated budget for the operation of the facility, [and] written commitments for participation from the districts that will participate in the school AND AN ANALYSIS OF THE EFFECT OF THE PROGRAM ON THE REDUCTION OF RACIAL, ETHNIC AND ECONOMIC ISOLATION. The commissioner shall notify the secretary of the State Bond Commission when the provisions of subdivisions (1) and (3) of this subsection have been met. Upon application to the Commissioner of Education, compliance with the provisions of subdivisions (1) and (3) of this subsection and after authorization by the General Assembly pursuant to section 10-283, the applicant shall be eligible to receive a grant in an amount equal to five per cent of the amount authorized for the project for the development of final plans and specifications pursuant to subdivision (2) of this subsection. Sec. 16. Subsections (a) and (b) of section 10-264l of the general statutes are repealed and the following is substituted in lieu thereof: (a) The Department of Education shall, within the amount appropriated for interdistrict cooperative grants pursuant to section 10-74d, AS AMENDED BY SECTION 12 OF THIS ACT, use up to fifty per cent of such appropriation to establish a competitive grant program to assist local and regional boards of education and regional educational service centers with the operation of interdistrict magnet school programs. For the purposes of this section "an interdistrict magnet school program" means a program which (1) supports RACIAL, ETHNIC AND ECONOMIC diversity, (2) offers a special and high quality curriculum, and (3) requires students who are enrolled to attend at least half-time. An interdistrict magnet school program does not include a regional vocational agriculture school, a regional vocational-technical school or a regional special education center. ON AND AFTER JULY 1, 2000, THE GOVERNING AUTHORITY FOR EACH INTERDISTRICT MAGNET SCHOOL PROGRAM SHALL RESTRICT THE NUMBER OF STUDENTS THAT MAY ENROLL IN THE PROGRAM FROM A PARTICIPATING DISTRICT TO EIGHTY PER CENT OF THE TOTAL ENROLMENT OF THE PROGRAM. (b) Applications for interdistrict magnet school program operating grants awarded pursuant to this section shall be submitted annually to the Commissioner of Education at such time and in such manner as the commissioner prescribes. In determining whether an application shall be approved and funds awarded pursuant to this section, the commissioner shall consider, but such consideration shall not be limited to: [, whether: (1) The] (1) WHETHER THE program offered by the school is likely to increase student [performance as measured by state-wide mastery examination results] ACHIEVEMENT; (2) WHETHER the program is likely to [enhance student diversity and awareness of diversity] REDUCE RACIAL, ETHNIC AND ECONOMIC ISOLATION; (3) THE PERCENTAGE OF THE STUDENT ENROLMENT IN THE PROGRAM FROM EACH PARTICIPATING DISTRICT; and [(3)] (4) WHETHER participating school districts are located within regions described in section 10-264k which approved regional plans in accordance with section 10-264c. ON AND AFTER JULY 1, 2000, THE COMMISSIONER SHALL NOT AWARD A GRANT TO A PROGRAM IF MORE THAN EIGHTY PER CENT OF ITS TOTAL ENROLMENT IS FROM ONE SCHOOL DISTRICT, EXCEPT THAT THE COMMISSIONER MAY AWARD A GRANT FOR GOOD CAUSE, FOR ANY ONE YEAR, ON BEHALF OF AN OTHERWISE ELIGIBLE MAGNET SCHOOL PROGRAM, IF MORE THAN EIGHTY PER CENT OF THE TOTAL ENROLMENT IS FROM ONE DISTRICT. Sec. 17. The Department of Education shall conduct an evaluation of interdistrict magnet school and charter school programs in the state. The department shall also assess the need for additional interdistrict magnet schools and the number of spaces in such schools needed for the school year commencing in 2000 and for subsequent school years. The Commissioner of Education shall report, in accordance with the provisions of section 11-4a of the general statutes, on the findings of such evaluation and assessment to the joint standing committee of the General Assembly having cognizance of matters relating to education by February 1, 1998. Sec. 18. (NEW) For the fiscal year ending June 30, 1998, the Department of Education shall award a grant in an amount not to exceed one hundred thousand dollars to the Hartford school district to assist in the development of a curriculum and the training of staff for a lighthouse school. For the fiscal year ending June 30, 1999, the Department of Education shall award, within available appropriations, competitive grants to the Hartford, New Haven and Bridgeport school districts to assist in the development of curricula and the training of staff for lighthouse schools. For purposes of this section and section 10-285a of the general statutes, as amended by section 19 of this act, a "lighthouse school" is an existing public school or a public school planned prior to July 1, 1997, in a priority school district that (1) has a specialized curriculum, and (2) is designed to promote intradistrict and interdistrict public school choice. Sec. 19. Section 10-285a of the general statutes is amended by adding subsections (e) and (f) as follows: (NEW) (e) The percentage determined pursuant to this section for a school building project grant for the expansion, alteration or renovation of an existing public school building to convert such building for use as a lighthouse school, as defined in section 18 of this act, shall be increased by ten percentage points. (NEW) (f) The percentage determined pursuant to this section for a school building project grant for a new building, the expansion of an existing building, the renovation of a building to increase the area of such building used as a public school or renovation of a building for use as a public school, may be increased by up to ten percentage points based on the number of spaces made available under the project for out-of-district students participating in the program established pursuant to section 3 of this act. Sec. 20. The Department of Education shall expand the format for strategic school profiles to include a section concerning the provision of educational opportunities for students to interact with students and teachers from other racial, ethnic and economic backgrounds and from other communities as included in reports pursuant to subsection (b) of section 2 of this act. Sec. 21. Section 10-220 of the general statutes is repealed and the following is substituted in lieu thereof: (a) Each local or regional board of education shall maintain good public elementary and secondary schools, implement the educational interests of the state as defined in section 10-4a, AS AMENDED BY SECTION 1 OF THIS ACT, and provide such other educational activities as in its judgment will best serve the interests of the school district; provided any board of education may secure such opportunities in another school district in accordance with provisions of the general statutes and shall give all the children of the school district as nearly equal advantages as may be practicable; SHALL PROVIDE AN APPROPRIATE LEARNING ENVIRONMENT FOR ITS STUDENTS WHICH INCLUDES (1) ADEQUATE INSTRUCTIONAL BOOKS, SUPPLIES, MATERIALS, EQUIPMENT, STAFFING, FACILITIES AND TECHNOLOGY, (2) EQUITABLE ALLOCATION OF RESOURCES AMONG ITS SCHOOLS, AND (3) A SAFE SCHOOL SETTING; shall have charge of the schools of its respective school district; shall make a continuing study of the need for school facilities and of a long-term school building program and from time to time make recommendations based on such study to the town; SHALL REPORT ANNUALLY TO THE COMMISSIONER OF EDUCATION ON THE CONDITION OF ITS FACILITIES AND THE ACTION TAKEN TO IMPLEMENT ITS LONG-TERM SCHOOL BUILDING PROGRAM, WHICH REPORT THE COMMISSIONER SHALL USE TO PREPARE AN ANNUAL REPORT THAT HE SHALL SUBMIT IN ACCORDANCE WITH SECTION 11-4a TO THE JOINT STANDING COMMITTEE OF THE GENERAL ASSEMBLY HAVING COGNIZANCE OF EDUCATION; shall advise the Commissioner of Education of the relationship between any individual school building project pursuant to chapter 173 and such long-term school building program; shall have the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes and at all times shall insure all such buildings and all capital equipment contained therein against loss in an amount not less than eighty per cent of replacement cost; shall determine the number, age and qualifications of the pupils to be admitted into each school; shall employ and dismiss the teachers of the schools of such district subject to the provisions of sections 10-151 and 10-158a; shall designate the schools which shall be attended by the various children within the school district; shall make such provisions as will enable each child of school age, residing in the district to attend some public day school for the period required by law and provide for the transportation of children wherever transportation is reasonable and desirable, and for such purpose may make contracts covering periods of not more than five years; may place in an alternative school program or other suitable educational program a pupil enrolling in school who is nineteen years of age or older and cannot acquire a sufficient number of credits for graduation by age twenty-one; may arrange with the board of education of an adjacent town for the instruction therein of such children as can attend school in such adjacent town more conveniently; shall cause each child seven years of age and over and under sixteen living in the school district to attend school in accordance with the provisions of section 10-184, and shall perform all acts required of it by the town or necessary to carry into effect the powers and duties imposed by law. (b) The board of education of each local or regional school district shall, with the participation of parents, students, school administrators, teachers, citizens, local elected officials and any other individuals or groups such board shall deem appropriate, prepare a statement of educational goals for such local or regional school district. The statement of goals shall be consistent with state-wide goals pursuant to subsection (c) of section 10-4. Each local or regional board of education shall develop student objectives which relate directly to the statement of educational goals prepared pursuant to this subsection and which identify specific expectations for students in terms of skills, knowledge and competence. (c) By November 1, 1994, and annually 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 November first. The profile report shall provide information on measures of (1) student needs, (2) school resources, [and] (3) student and school performance, (4) EQUITABLE ALLOCATION OF RESOURCES AMONG ITS SCHOOLS, AND (5) REDUCTION OF RACIAL, ETHNIC AND ECONOMIC ISOLATION. Sec. 22. Section 10-266q of the general statutes is repealed and the following is substituted in lieu thereof: (a) On or before September fifteenth of each fiscal year in which payment is to be made, the State Board of Education shall authorize grant awards. Grant awards shall be authorized only after proposals for such grants have been submitted to the commissioner by the school districts described in section 10-266p, at such time and in such manner as the commissioner shall prescribe, and after the commissioner and each such school district have reached agreement regarding how such grant shall be utilized. Each proposal shall be based on a three-year project plan and include, but not be limited to, an explanation of project goals, objectives, evaluation strategies and budget which shall identify local funding and other resource contributions for the three-year period provided proposals shall give priority to the development or expansion of extended-day kindergarten programs. (b) A priority school district grant shall be payable to the local board of education for the school districts described in section 10-266p, which shall use the funds for any of the following: (1) 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,] (2) ALTERNATIVE AND TRANSITIONAL PROGRAMS FOR STUDENTS HAVING DIFFICULTY SUCCEEDING IN TRADITIONAL EDUCATIONAL PROGRAMS, [(2)] (3) academic enrichment, tutorial and recreation programs or activities in school buildings during nonschool hours [, (3)] AND DURING THE SUMMER, (4) development or expansion of extended-day kindergarten programs, [(4)] (5) development or expansion of [early childhood education or] early reading intervention programs, [or (5)] INCLUDING SUMMER AND AFTER-SCHOOL PROGRAMS, (6) ENHANCEMENT OF THE USE OF TECHNOLOGY TO SUPPORT INSTRUCTION OR IMPROVE PARENT AND TEACHER COMMUNICATION, (7) 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, OR (8) FOR PURPOSES OF OBTAINING ACCREDITATION FOR ELEMENTARY AND MIDDLE SCHOOLS FROM THE NEW ENGLAND ASSOCIATION OF SCHOOLS AND COLLEGES. EACH SUCH BOARD OF EDUCATION SHALL USE AT LEAST TWENTY PER CENT OF ITS GRANT FOR EARLY READING INTERVENTION PROGRAMS. 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. (c) Each priority school district grant shall be awarded by the State Board of Education on an annual basis. Funding in subsequent years shall be based on funds available, annual application and program evaluation. Sec. 23. (a) The State Board of Education shall establish a standard of reading competency for use by local and regional boards of education to measure reading competency for students in grades one to three, inclusive. The standard may be a requirement for a certain score on a standardized test. (b) The Commissioner of Education shall report, in accordance with section 11-4a of the general statutes, on such standard to the joint standing committee of the General Assembly having cognizance of matters relating to education, by February 1, 1998. Sec. 24. Subdivision (22) of section 10-262f of the general statutes is repealed and the following is substituted in lieu thereof: (22) "Resident students" means the number of pupils of the town enrolled in public schools at the expense of the town on October first or the full school day immediately preceding such date, provided the number shall be decreased by the Department of Education for failure to comply with the provisions of section 10-16 and shall be increased by one-one-hundred-eightieth for each full-time equivalent school day in the school year immediately preceding such date of at least five hours of actual school work in excess of one hundred eighty days and nine hundred hours of actual school work and be increased by the full-time equivalent number of such pupils attending the summer sessions immediately preceding such date at the expense of the town; "enrolled" shall include pupils who are scheduled for vacation on the above date and who are expected to return to school as scheduled. [Students] PUPILS enrolled in an approved program described in section 10-266j shall be counted in accordance with the provisions of subdivision (3) of subsection (c) of said section. PUPILS PARTICIPATING IN THE PROGRAM ESTABLISHED PURSUANT TO SECTION 3 OF THIS ACT SHALL BE COUNTED IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (g) OF SECTION 3 OF THIS ACT. Sec. 25. Subdivision (2) of subsection (a) of section 10-261 of the general statutes is repealed and the following is substituted in lieu thereof: (2) "Average daily membership" means the number of all pupils of the local or regional board of education enrolled in public schools at the expense of such board of education on October first or the full school day immediately preceding such date, provided the number so obtained shall be decreased by the Department of Education for failure to comply with the provisions of section 10-16 and shall be increased by one one-hundred-eightieth for each full-time equivalent school day of at least five hours of actual school work in excess of one hundred eighty days and nine hundred hours of actual school work and be increased by the full-time equivalent number of such pupils attending the summer sessions immediately preceding such date at the expense of such board of education; "enrolled" shall include pupils who are scheduled for vacation on the above dates and who are expected to return to school as scheduled. PUPILS PARTICIPATING IN THE PROGRAM ESTABLISHED PURSUANT TO SECTION 3 OF THIS ACT SHALL BE COUNTED IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (g) OF SECTION 3 OF THIS ACT. Sec. 26. Section 10-66ff of the general statutes is amended by adding subsection (c) as follows: (NEW) (c) Charter schools established pursuant to sections 10-66aa to 10-66gg, inclusive, shall be eligible to invest in participation certificates of the short-term investment fund administered by the State Treasurer pursuant to sections 3-27a to 3-27f, inclusive. Sec. 27. Section 10-266m of the general statutes is repealed and the following is substituted in lieu thereof: A local or regional board of education providing transportation in accordance with the provisions of sections 10-54, 10-66ee, AS AMENDED BY SECTION 9 OF THIS ACT, 10-97, 10-273a, 10-277, 10-280a and 10-281 shall be reimbursed for a percentage of such transportation costs as follows: (1) The percentage of pupil transportation costs reimbursed to a local board of education shall be determined by (A) ranking each town in the state in descending order from one to one hundred sixty-nine according to such town's adjusted equalized net grand list per capita, as defined in section 10-261; (B) based upon such ranking, and notwithstanding the provisions of section 2-32a, (i) except as otherwise provided in this subparagraph, a percentage of zero shall be assigned to towns ranked from one to thirteen and a percentage of not less than zero nor more than sixty shall be determined for the towns ranked from fourteen to one hundred sixty-nine on a continuous scale, except that any such percentage shall be increased by twenty percentage points in accordance with section 10-97, where applicable and (ii) for the fiscal year ending June 30, 1997, and for each fiscal year thereafter, a percentage of zero shall be assigned to towns ranked from one to seventeen and a percentage of not less than zero nor more than sixty shall be determined for the towns ranked from eighteen to one hundred sixty-nine on a continuous scale. (2) The percentage of pupil transportation costs reimbursed to a regional board of education shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the total population, as defined in section 10-261, of each town in the district by such town's ranking, as determined in subdivision (1) of this section, (B) adding together the figures determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns in the district. The ranking of each regional board of education shall be rounded to the next higher whole number and each such board shall receive the same reimbursement percentage as would a town with the same rank, provided such percentage shall be increased in the case of a secondary regional school district by an additional five percentage points and, in the case of any other regional school district by an additional ten percentage points. (3) Notwithstanding the provisions of subdivisions (1) and (2) of this section, for the fiscal year ending June 30, 1997, and for each fiscal year thereafter, no local or regional board of education shall receive a grant of less than one thousand dollars. Sec. 28. Section 10-65b of the general statutes is repealed and the following is substituted in lieu thereof: A local or regional board of education which operates a regional vocational agriculture center shall provide to each student enrolled in such center all of the student's nonagricultural academic courses, provided that any such board which, on or before July 1, 1993, entered into an agreement to offer shared-time arrangements AND ANY SUCH BOARD WHICH OPERATES A REGIONAL VOCATIONAL AQUACULTURE PROGRAM may OFFER OR continue to offer such SHARED-TIME arrangements unless the Commissioner of Education determines that such shared-time arrangements are not in substantial compliance with the provisions of sections 10-64 and 10-65 and any regulations adopted pursuant to section 10-66. For purposes of this section and said section 10-65, "shared-time arrangements" means the enrolment of students in a regional vocational agriculture center while such students receive nonagricultural academic courses in a school district under the jurisdiction of a local or regional board of education other than the board of education operating such center. Sec. 29. This act shall take effect July 1, 1997. Approved June 26, 1997