Substitute House Bill No. 5317

Public Act No. 00-220

An Act Concerning Revisions To The Education Statutes.

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

Section 1. (NEW) When a student enrolls in a school in a new school district, the new school district shall provide written notification of such enrolment to the school district in which the student previously attended school. The school district in which the student previously attended school (1) shall transfer the student's education records to the new school district no later than ten days after receipt of such notification and (2) if the student's parent or guardian did not give written authorization for the transfer of such records, shall send notification of the transfer to the parent or guardian at the same time that it transfers the records.

Sec. 2. Subsection (a) of section 10-4o of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Education, in conjunction with the Department of Social Services, shall coordinate a family resource center program to provide comprehensive child care services, remedial educational and literacy services, families-in-training programs and supportive services to parents who are recipients of temporary family assistance and other parents in need of such services. The family resource centers shall be located in or associated with public schools, and, any family resource center established on or after July 1, 2000, shall be located in a public elementary school unless the Commissioner of Education waives such requirement. The [Commissioner of Education] commissioner shall determine the manner in which the grant recipients of such program, such as municipalities, boards of education and child care providers shall be selected. The family resource center shall provide: (1) Quality full-day child care and school readiness programs for children age three and older who are not enrolled in school and child care for children enrolled in school up to the age of twelve for before and after regular school hours and on a full-day basis during school holidays and school vacation, in compliance with all state statutes and regulations governing child day care and, in the case of the school readiness programs, in compliance with the standards set for such programs pursuant to section 10-16p, as amended; (2) support services to parents of newborn infants to ascertain their needs and provide them with referrals to other services and organizations and, if necessary, education in parenting skills to such parents; (3) support and educational services to parents whose children are participants of the child care services of the program and who are interested in obtaining a high school diploma or its equivalent. Parents and their preschool age children may attend classes in parenting and child learning skills together so as to promote the mutual pursuit of education and enhance parent-child interaction; (4) training, technical assistance and other support by the staff of the center to family day care providers in the community and serve as an information and referral system for other child care needs in the community or coordinate with such systems as may already exist in the community; (5) a families-in-training program to provide, within available appropriations, community support services to expectant parents and parents of children under the age of three. Such services shall include, but not be limited to, providing information and advice to parents on their child's language, cognitive, social and motor development, visiting a participant's home on a regular basis, organizing group meetings at the center for neighborhood parents of young children and providing a reference center for parents who need special assistance or services. The program shall provide for the recruitment of parents to participate in such program; and (6) a sliding scale of payment, as developed in consultation with the Department of Social Services, for child care services at the center. The center shall also provide a teen pregnancy prevention program for adolescents emphasizing responsible decision-making and communication skills.

Sec. 3. Subsection (a) of section 10-17f of the general statutes, as amended by section 2 of public act 99-211, is repealed and the following is substituted in lieu thereof:

(a) Annually, the board of education for each local and regional school district shall ascertain, in accordance with regulations adopted [,] by the State Board of Education, the eligible students in such school district and shall classify such students according to their dominant language.

Sec. 4. Section 10-17g of the general statutes, as amended by section 8 of public act 99-211, is repealed and the following is substituted in lieu thereof:

[For the fiscal year ending June 30, 1979, and annually thereafter] Annually, the board of education for each local and regional school district that is required to provide a program of bilingual education, pursuant to section 10-17f, as amended by this act, may make application to the State Board of Education and shall thereafter receive a grant in an amount equal to the product obtained by multiplying the total appropriation available for such purpose by the ratio which the number of eligible children in the school district bears to the total number of such eligible children state-wide. The board of education for each local and regional school district receiving funds pursuant to this section shall annually, on or before September first, submit to the State Board of Education a progress report which shall include (1) measures of increased educational opportunities for eligible students, including language support services and language transition support services provided to such students, (2) program evaluation and measures of the effectiveness of its bilingual education and English as a second language programs, including data on students in bilingual education programs and students educated exclusively in English as a second language programs, and (3) certification by the board of education submitting the report that any funds received pursuant to this section have been used for the purposes specified. The State Board of Education shall annually evaluate programs conducted pursuant to section 10-17f, as amended by this act. For purposes of this section, measures of the effectiveness of bilingual education and English as a second language programs include state-wide mastery examination results and graduation and school dropout rates.

Sec. 5. Subsection (i) of section 10-66bb of the general statutes, as amended by section 5 of public act 99-289, is repealed and the following is substituted in lieu thereof:

(i) The State Board of Education may revoke a charter if a charter school has failed to: (1) Comply with the terms of probation, including the failure to file or implement a corrective action plan; (2) demonstrate satisfactory student progress, as determined by the commissioner; (3) comply with the terms of its charter or applicable laws and regulations; or (4) manage its public funds in a prudent or legal manner. Unless an emergency exists, prior to revoking a charter, the State Board of Education shall provide the governing council of the charter school with a written notice of the reasons for the revocation, including the identification of specific incidents of noncompliance with the law, regulation or charter or other matters warranting revocation of the charter. It shall also provide the governing council with the opportunity to demonstrate compliance with all requirements for the retention of its charter by providing the State Board of Education or a subcommittee of the board, as determined by the State Board of Education, with a written or oral presentation. Such presentation shall include an opportunity for the governing council to present documentary and testimonial evidence to refute the facts cited by the State Board of Education for the proposed revocation or in justification of [their] its activities. Such opportunity shall not constitute a contested case within the meaning of chapter 54. The State Board of Education shall determine, not later than thirty days after the date of an oral presentation or receipt of a written presentation, whether and when the charter shall be revoked and notify the governing council of the decision and the reasons therefor. A decision to revoke a charter shall not constitute a final decision for purposes of chapter 54. In the event an emergency exists in which the commissioner finds that there is imminent harm to the students attending a charter school, the State Board of Education may immediately revoke the charter of the school, provided the notice concerning the reasons for the revocation is sent to the governing council not later than ten days after the date of revocation and the governing council is provided an opportunity to make a presentation to the board not later than twenty days from the date of such notice.

Sec. 6. Subsection (a) of section 10-76i of the general statutes 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 described in this section. Said advisory council shall consist of the following members: (1) Two appointed by the Commissioner of Education, one of whom shall be an official of the Department of Education and one of whom shall be a representative of an institution of higher education in the state that prepares teacher and related services personnel; (2) two appointed by the Commissioner of Mental Retardation, one of whom shall be an official of the department and one of whom shall be a person with disabilities or a parent of such a person; (3) two appointed by the Commissioner of Children and Families, one of whom shall be an official of the department and one of whom shall be a person with disabilities or a parent or foster parent of such a person; (4) one appointed by the Commissioner of Correction; (5) four who are members of the General Assembly, one appointed by the majority leader of the House of Representatives, one appointed by the minority leader of the House of Representatives, one appointed by the president pro tempore of the Senate and one appointed by the minority leader of the Senate; (6) 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 disabilities or the parent of such a person; (7) two appointed by the majority leader of the Senate one of whom shall be a person with disabilities or the parent of such a person and one of whom shall be a regular education teacher; (8) four appointed by the minority leader of the Senate, one of whom shall be a representative of a vocational, community or business organization concerned with the provision of transitional services to children with disabilities, one of whom shall be a member of the Connecticut Association of Private Special Education Facilities and two of whom shall be persons with disabilities or the parents of such persons; (9) three appointed by the speaker of the House of Representatives, one of whom shall be a member of the Connecticut Association of School Administrators and a local education official, one of whom shall be a person with disabilities or the parent of such a person and one of whom shall be a member of the literacy coalition and a person with disabilities or the parent of such a person; (10) two appointed by the majority leader of the House of Representatives, one of whom shall be a [member of the Connecticut Association of Urban Schools] person working in the field of special education related services and one of whom shall be a person with disabilities or the parent of such a person; (11) four appointed by the minority leader of the House of Representatives, two of whom shall be persons with disabilities or the parents of such persons, one of whom shall be a member of the Connecticut Association of Pupil Personnel Administrators and an administrator of a program for children who require special education, and one of whom shall be a special education teacher; and (12) eight appointed by the Governor, all of whom shall be persons with disabilities or parents of such persons and one of whom shall also be associated with a charter school. The terms of the present members shall expire on June 30, 1998. Appointments shall be made to the council by July 1, 1998. Members shall serve two-year terms, except that members appointed pursuant to subdivisions (1) to (4), inclusive, and (12) of this subsection whose terms commenced July 1, 1998, shall serve three-year terms and the successors to such members appointed pursuant to said subdivisions, shall serve two-year terms.

Sec. 7. Subsection (m) of section 10-145b of the general statutes is repealed and the following is substituted in lieu thereof:

(m) The State Board of Education may revoke any certificate issued pursuant to sections 10-144o to 10-149, inclusive, for any of the following reasons: (1) The holder of the certificate obtained such certificate through fraud or misrepresentation of a material fact; (2) the holder has persistently neglected to perform the duties for which certification was granted; (3) the holder is professionally unfit to perform the duties for which certification was granted; (4) the holder is convicted in a court of law of a crime involving moral turpitude or of any other crime of such nature that in the opinion of the board continued certification would impair the standing of certificates issued by the board; or (5) other due and sufficient cause. The State Board of Education shall revoke any certificate issued pursuant to said sections if the holder is found to have intentionally disclosed specific questions or answers to students or otherwise improperly breached the security of any administration of a state-wide examination pursuant to section 10-14n. In any revocation proceeding pursuant to this section, the State Board of Education shall have the burden of establishing the reason for such revocation by a preponderance of the evidence. Revocation shall be in accordance with procedures established by the State Board of Education pursuant to chapter 54. When the Commissioner of Education is notified, pursuant to section 17a-101i, as amended by this act, that a person holding a certificate issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, has been convicted of a crime involving an act of child abuse or a violation of section 53a-71 or section 53a-73a, any certificate issued by the State Board of Education and held by such person shall be deemed revoked and the commissioner shall notify such person of such revocation, provided such person may request reconsideration pursuant to regulations adopted by the State Board of Education, in accordance with the provisions of chapter 54. The State Board of Education may deny an application for certification for any of the following reasons: (A) The applicant seeks to obtain a certificate through fraud or misrepresentation of a material fact; (B) the applicant has been convicted in a court of law of a crime involving moral turpitude or of any other crime of such nature that in the opinion of the board issuance of a certificate would impair the standing of certificates issued by the board; or (C) other due and sufficient cause. Any applicant denied a certificate shall be notified in writing of the reasons for denial. Any applicant denied a certificate may request a review of such denial by the State Board of Education.

Sec. 8. Subsection (b) of section 10-151b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Each local and regional board of education shall develop and implement teacher evaluation programs consistent with guidelines established by the State Board of Education and consistent with the plan developed in accordance with the provisions of [subdivision (2) of] subsection (b) of section 10-220a, as amended by this act.

Sec. 9. Subdivision (2) of subsection (c) of section 10-153f of the general statutes is repealed and the following is substituted in lieu thereof:

(2) The chairperson of the arbitration panel or the single arbitrator shall set the date, time and place for a hearing to be held in the school district between the fifth and twelfth day, inclusive, after such chairperson or such single arbitrator is selected. At least five days prior to such hearing, a written notice of the date, time and place of the hearing shall be sent to the board of education and the representative organization which are parties to the dispute, and, if a three-member arbitration panel is selected or designated, to the other members of such panel. Such written notice shall also be sent, by registered mail, return receipt requested, to the fiscal authority having budgetary responsibility or charged with making appropriations for the school district, and a representative designated by such body may be heard at the hearing as part of the presentation and participation of the board of education. At the hearing each party shall have full opportunity to submit all relevant evidence, to introduce relevant documents and written material, and to argue on behalf of its positions. At the hearing a representative of the fiscal authority having budgetary responsibility or charged with making appropriations for the school district shall be heard regarding the financial capability of the school district, unless such opportunity to be heard is waived by the fiscal authority. The nonappearance of the representative shall constitute a waiver of the opportunity to be heard unless there is a showing that proper notice was not given to the fiscal authority. The chairperson of the arbitration panel or the single arbitrator shall preside over such hearing.

Sec. 10. Subsection (a) of section 10-220a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each local or regional board of education shall provide an in-service training program for its teachers, administrators and pupil personnel who hold the initial educator, provisional educator or professional educator certificate. Such program shall [be submitted to the Commissioner of Education and shall] provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of drugs, as defined in subdivision (17) of section 21a-240, and alcohol to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education which includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, violence, child abuse and youth suicide, (3) the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, and methods for identifying, planning for and working effectively with special needs children in a regular classroom, (4) school violence prevention and conflict resolution, (5) cardiopulmonary resuscitation and other emergency life saving procedures, (6) computer and other information technology as applied to student learning and classroom instruction, communications and data management, and (7) the teaching of the language arts, reading and reading readiness for teachers in grades kindergarten to three, inclusive. The State Board of Education, within available appropriations and utilizing available materials, shall assist and encourage local and regional boards of education to include: (A) Holocaust education and awareness; (B) the historical events surrounding the Great Famine in Ireland; (C) African-American history; (D) Puerto Rican history; (E) Native American history; (F) personal financial management; and (G) topics approved by the state board upon the request of local or regional boards of education as part of in-service training programs pursuant to this subsection.

Sec. 11. Subsections (b) to (d), inclusive, of section 10-226h of the general statutes are repealed and the following is substituted in lieu thereof:

(b) Each local and regional board of education shall report by [October 1, 1998] July 1, 2000, 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] October 1, 2000, 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, 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)] (e) of section 10-266aa, as amended by this act, and whether additional financial incentives would improve the program established pursuant to section 10-266aa, as amended by this act.

Sec. 12. Section 10-231 of the general statutes is repealed and the following is substituted in lieu thereof:

Each local and regional board of education shall provide for a fire drill to be held in the schools of such board at least once each month, except that once every three months a crisis response drill may be substituted for a fire drill.

Sec. 13. Subdivision (2) 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 10-266aa shall be counted in accordance with the provisions of subsection [(g)] (f) of section [10-266a] 10-266aa, as amended by this act.

Sec. 14. 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. Pupils participating in the program established pursuant to section 10-266aa, as amended by this act, shall be counted in accordance with the provisions of subsection [(g)] (f) of section 10-266aa, as amended by this act.

Sec. 15. Subsection (a) of section 10-265h of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Education shall establish, within available bond authorizations, a grant program to assist priority school districts in paying for general improvements to school buildings. For purposes of this section "general improvements to school buildings" means work that (1) is generally not eligible for reimbursement pursuant to chapter 173, and (2) is to (A) replace windows, doors, boilers and other heating and ventilation system components, internal communications systems, lockers, and ceilings including the installation of new drop ceilings, (B) upgrade restrooms including the replacement of fixtures, (C) upgrade and replace lighting, or (D) install security equipment including, but not limited to, video surveillance devices and fencing, provided "general improvements to school buildings" may include work not specified in this subdivision if the school district provides justification for such work acceptable to the Commissioner of Education, but shall not include routine maintenance such as painting, cleaning, equipment repair or other minor repairs or work done at the administrative facilities of a board of education.

Sec. 16. Subsection (a) of section 10-266t of the general statutes, as amended by section 5 of public act 99-224, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Education shall award grants annually, in accordance with this section and section 10-266u, to local and regional boards of education identified as priority school districts pursuant to section 10-266p, as amended. In addition, for the fiscal years ending June 30, 2000, and June 30, 2001, the commissioner shall provide a grant to any local or regional board of education in a town which does not qualify for a grant pursuant to subsection (a) of section 10-266p, as amended, for said fiscal years but does qualify for a grant pursuant to subsection (b) of said section for said fiscal years. The grants shall provide funds for extended school building hours for public schools in such districts for academic enrichment and support, and recreation programs for students in the districts. Such programs may be conducted in buildings other than public school buildings, provided the board of education is able to demonstrate to the commissioner that the facility in which the program will be run can adequately support the academic goals of the program and a plan is in place to provide adequate academic instruction.

Sec. 17. Notwithstanding the provisions of subsection (c) of section 10-264l of the general statutes, as amended by section 9 of public act 99-289, the maximum amount any interdistrict magnet school program established prior to January 1, 1993, that serves two school districts shall be eligible to receive per enrolled student under said section 10-264l for operating expenses shall be ninety per cent of the foundation as defined in subdivision (7) of section 10-262f of the general statutes for each participating district.

Sec. 18. Subsection (f) of section 10-266u of the general statutes is repealed and the following is substituted in lieu thereof:

(f) On or before December first annually, the Commissioner of Education shall file, in accordance with the provisions of section 11-4a, an evaluation report of the program established pursuant to section 10-266t with the Governor, the General Assembly and the Office of Policy and Management. [On and after October 1, 1996, the report shall be submitted to the Governor, the Office of Policy and Management, the joint standing committee of the General Assembly having cognizance of matters relating to education and, upon request, to any member of the General Assembly. A summary of the report shall be submitted to each member of the General Assembly if the summary is two pages or less and a notification of the report shall be submitted to each member if the summary is more than two pages. Submission shall be by mailing the report, summary or notification to the legislative address of each member of the committee or General Assembly, as applicable.]

Sec. 19. Section 10-266aa of the general statutes, as amended by section 1 of public act 99-289, is repealed and the following is substituted in lieu thereof:

(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 that 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 enrolled in the public schools. The Department of Education shall provide oversight for the program, including the setting of reasonable limits for the transportation of students participating in the program.

(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. The Hartford program shall operate as a continuation of the program described in section 10-266j. 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 may provide, within available appropriations, grants for the fiscal years ending June 30, 1999, and June 30, 2000, to the remaining regional educational service centers to assist school districts in planning for the expansion of the program to every priority school district, pursuant to section 10-266p, as amended, in the state. (3) For the school year commencing in 2000, and for each school year thereafter, the program shall be in operation in New Britain, New London, Waterbury and Windham. (4) For the school year commencing in 2001, and for each school year thereafter, the program shall be in operation in every priority school district in the state. Students from other school districts in the area of a priority school district, as determined by the regional educational service center pursuant to subsection (d) of this section, may attend school in the priority school district and students from the priority school district may attend school in any school district in such area 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 seventy-five thousand dollars to such a regional educational service center to assist school districts in its area in administering the program and to provide staff to assist students participating in the program to make the transition to a new school and to act as a liaison between the parents of such students and the new school district. Each regional educational service center shall determine which school districts in its area are located close enough to a priority school district to make participation in the program feasible in terms of student transportation pursuant to subsection (f) of this section, provided any student participating in the program prior to July 1, 1999, shall be allowed to continue to attend the same school such student attended prior to said date in the receiving district until the student completes the highest grade in such school. Each regional educational service center shall convene, annually, a meeting of representatives of such school districts in order for such school districts to report, by March thirty-first, the number of spaces available for the following school year for out-of-district students under the program. Annually, each regional educational service center shall provide a count of such spaces to the Department of Education by April fifteenth. 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. No receiving district shall recruit students under the program for athletic or extracurricular purposes. Each receiving district shall allow out-of-district students it accepts to attend school in the district until they graduate from high school.

[(e) Each sending district shall transfer the records of participating students to the receiving district.]

[(f)] (e) The Department of Education shall provide 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. For the fiscal year ending June 30, 2000, and each fiscal year thereafter, the department shall provide such grants within available appropriations, provided the state-wide average of such grants does not exceed an amount equal to two thousand dollars for each student transported. The regional [education] educational service centers shall provide reasonable transportation services to high school students who wish to participate in supervised extracurricular activities. For purposes of this section, the number of students transported shall be determined on September first of each fiscal year.

[(g)] (f) The Department of Education shall provide, within available appropriations, an annual grant to the local or regional board of education for 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. Each town which receives funds pursuant to this subsection shall make such funds available to its local or regional board of education in supplement to any other local appropriation, other state or federal grant or other revenue to which the local or regional board of education is entitled.

[(h)] (g) Notwithstanding any provision of this chapter, 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 and subdivision (2) of subsection (a) of section 10-261.

[(i)] (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 [(g)] (f) of this section. The sending district shall be eligible for reimbursement pursuant to section 10-76g.

[(j)] (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.

[(k)] (j) On or before October fifteenth of each year, the Commissioner of Education shall determine if the enrolment in the program for the fiscal year is below the number of students for which funds were appropriated. If the commissioner determines that the enrolment is below such number, the additional funds shall not lapse but shall be used by the commissioner in accordance with this subsection. (1) Any amount up to three hundred fifty thousand dollars of such nonlapsing funds shall be used for supplemental grants to receiving districts on a pro rata basis for each out-of-district student in the program who attends the same school in the receiving district as at least nine other such out-of-district students, not to exceed one thousand dollars per student. (2) Any remaining nonlapsing funds shall be used for interdistrict cooperative grants pursuant to section 10-74d, as amended.

Sec. 20. Subdivision (18) of section 10-282 of the general statutes is repealed and the following is substituted in lieu thereof:

(18) "Renovation" means a school building project to totally refurbish an existing building [as an alternative to new construction and] which results in the renovated facility taking on a useful life comparable to that of a new facility and which will cost less than building a new facility as determined by the department, provided the school district may submit a feasibility study and cost analysis of the project prepared by an independent licensed architect to the department prior to final plan approval.

Sec. 21. Subparagraph (A) of subdivision (3) of subsection (a) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof:

(3) (A) All final calculations completed by the department for school building projects authorized on or after July 1, 1996, shall include a computation of the state grant for the school building project amortized on a straight line basis over a twenty-year period for school building projects with costs equal to or greater than two million dollars and over a ten-year period for school building projects with costs less than two million dollars. Any town or regional school district which abandons, sells, leases, demolishes or otherwise redirects the use of such a school building project to [a nonpublic] other than a public school use during such amortization period shall refund to the state the unamortized balance of the state grant remaining as of the date the abandonment, sale, lease, demolition or redirection occurs. The amortization period for a project shall begin on the date the project was accepted as complete by the local or regional board of education. A town or regional school district required to make a refund to the state pursuant to this subdivision may request forgiveness of such refund if the building is redirected for public use. The department shall include as an addendum to the annual school construction priority list all those towns requesting forgiveness. General Assembly approval of the priority list containing such request shall constitute approval of such request. This subdivision shall not apply to projects pursuant to subsection (b) of this section or projects subject to the provisions of section 10-285c.

Sec. 22. (NEW) (a) If the Department of Education does not complete an audit of a school building project during the five-year period from the date the school district files a notice of project completion with the department, the department shall conduct a limited scope audit of such project. The limited scope audit shall review (1) the total amount of expenditures reported, (2) any off-site improvements, (3) adherence to authorized space specifications, (4) interest costs on temporary notes and bonds, and (5) any other matter the Commissioner of Education deems appropriate.

(b) The department shall not make any adjustment to a school construction grant based on the result of an audit finding that a change order was not publicly bid.

Sec. 23. Subsection (e) of section 10-266t of the general statutes is repealed and the following is substituted in lieu thereof:

(e) All programs funded pursuant to this section shall: (1) Offer both academic enrichment and support and recreation experiences, [in a specified school building during nonschool hours,] (2) be open to all resident students in the district, (3) be designed to ensure communication with the child's teacher and ties to the regular school curriculum, (4) be clearly articulated with structured and specified experiences for children but able to accommodate the irregular participation of any one child, (5) provide for community involvement, (6) investigate the use of the National Service Corps, (7) coordinate operations and activities with existing programs and the agencies which operate such programs, (8) provide for parent involvement in program planning and the use of parents as advisers and volunteers and (9) provide for business involvement or sponsorship. Programs within a district may vary in terms of times of operation and nature of the program. All programs which operate in a public school shall have access to existing special facilities and equipment in the public school [in which they operate] and shall have the written endorsement of the school principal and superintendent of schools for the school district.

Sec. 24. Subsection (a) of section 2 of public act 99-285 is repealed and the following is substituted in lieu thereof:

(a) The accountability measures developed by the Higher Education Coordinating Council pursuant to subsection (b) of section 10a-6a, as amended, shall be used by the Department of Higher Education and each constituent unit of higher education in assessing the constituent unit's progress toward meeting the following goals to: (1) Enhance student learning and promote academic excellence; (2) join with elementary and secondary schools to improve teaching and learning at all levels; (3) ensure access to and affordability of higher education; (4) promote the economic development of the state to help business and industry sustain strong economic growth; (5) respond to the needs and problems of society; and (6) ensure the efficient use of resources. The council shall develop an implementation plan for use of the accountability measures.

Sec. 25. Subsection (d) of section 2 of public act 99-285 is repealed and the following is substituted in lieu thereof:

(d) The Commissioner of Higher Education, on behalf of the council, shall report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the accountability measures and the implementation plan developed pursuant to this section by February 1, 2000. The report shall include recommendations: (1) For any statutory changes needed for purposes of assessing the constituent units and public institutions of higher education based on the accountability measures; (2) to clarify and streamline planning and accountability reporting requirements of the constituent units and public institutions of higher education; (3) concerning goals, actions to achieve such goals and analysis of performance; and (4) for options to revise budgeting policies and programs to meet accountability goals and measures as outlined in subsections (a) and (b) of this section.

Sec. 26. Section 10a-170 of the general statutes is repealed and the following is substituted in lieu thereof:

The Board of Governors of Higher Education may utilize up to one per cent of the total annual student financial assistance appropriation for [data processing] administrative support associated with implementing the provisions of section 10a-169.

Sec. 27. Subsection (a) of section 10a-203 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Said corporation shall be governed and all of its corporate powers exercised by a board of directors which shall consist of thirteen members, as follows: The chairman of the Board of Governors of Higher Education and the Commissioner of Higher Education; [, provided each such member may for any specific meeting of the directors designate in writing to the chairman of the board of directors a representative to act in his place at such meeting, with all rights and obligations at such meeting as the member he represents would have had at such meeting;] seven public members appointed by the Governor, at least one of whom shall represent the private colleges, and commencing with the next regular appointments made on and after July 1, 1984, at least one shall be a financial aid officer at an eligible institution and at least one shall be a person having a favorable reputation for skill, knowledge and experience in management of a private company or lending institution at least as large as the corporation and all of whom shall be electors of this state; and two members from the House of Representatives, one appointed by the speaker of the House and one appointed by the minority leader of the House; two members from the Senate, one appointed by the president pro tempore of the Senate and one appointed by the minority leader of the Senate. Those members who are appointed by the Governor shall serve for terms of four years each from July first in the year of their appointment and until their successors have been appointed. Those members who are appointed by the speaker of the House of Representatives, the minority leader of the House, the president pro tempore of the Senate and the minority leader of the Senate shall be appointed for terms of two years from January fifteenth in the year of their appointment. The term of each appointed member of the board shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. The board of directors shall elect, from its own members each year, a chairman and a vice-chairman who shall serve for terms of one year and who shall be eligible for reelection for successive terms. Vacancies shall be filled for the unexpired term in the same manner as original appointments. Directors shall receive no compensation for their services but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties under this chapter. Any member may designate in writing to the chairperson of the board of directors a representative to act in the place of such member at a meeting or meetings, with all rights and obligations at such meeting as the member represented would have had at the meeting.

Sec. 28. Section 10a-206a of the general statutes is repealed and the following is substituted in lieu thereof:

Upon notification to the Comptroller by the Connecticut Student Loan Foundation that any borrower under this chapter is in default on one or more instalments of a loan made or guaranteed by the corporation under this chapter, including any interest related thereto, the Comptroller shall withhold any order upon the Treasurer for payment of any amount payable by the state to such borrower, unless the amount so payable is reduced by the amount of such indebtedness, provided any such amount payable by the state shall not be so reduced if (1) such amount payable is a payment of salary or wages, or any payment in lieu of or in addition to such salary or wages, to a state employee, (2) such taxes, penalties and interest have been fixed by the Commissioner of Revenue Services pursuant to a request within the time allowed under title 12 to correct the amount thereof or (3) such taxes, penalties and interest have been determined by said commissioner to be due and such determination is the subject of an appeal pending before any court in this state. The Comptroller shall promptly notify the corporation of any payment reduced under the provisions of this section and shall promptly forward the amount of said reduction to the Connecticut Student Loan Foundation.

Sec. 29. Subsection (a) of section 10a-210 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The corporation shall make an annual report, on or before [September first] December thirty-first for the fiscal year ending September thirtieth, of its condition to the Governor, as provided in section 4-60, to the Board of Governors of Higher Education and to the General Assembly. The report shall include, in addition to the corporation's financial statement, a description of the organization, including the number of employees and functions, data on the number and amounts of loans in default and the results of collection activities undertaken by the corporation or on behalf of the corporation.

Sec. 30. Section 17a-101i of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Notwithstanding any provision of the general statutes to the contrary, after an investigation has been completed and the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that a child has been abused by a [certified public school employee in a position requiring a certificate] school employee who holds a certificate, permit or authorization issued by the State Board of Education, the commissioner shall notify the employing superintendent of such finding and shall provide records, whether or not created by the department, concerning such investigation to the superintendent who shall suspend such school employee. Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such employee. Within seventy-two hours after such suspension the superintendent shall notify the local or regional board of education and the Commissioner of Education, or his representative, of the reasons for and conditions of the suspension. The superintendent shall disclose such records to the Commissioner of Education and the local or regional [boards] board of education or [their] its attorney for purposes of review of employment status or [certification. Such suspension] the status of such employee's certificate, permit or authorization. The suspension of a school employee employed in a position requiring a certificate shall remain in effect until the board of education acts pursuant to the provisions of section 10-151. If the contract of employment of such certified school employee is terminated, the superintendent shall notify the Commissioner of Education, or his representative, within seventy-two hours after such termination. Upon receipt of such notice from the superintendent, the Commissioner of Education may commence certification revocation proceedings pursuant to the provisions of subsection (m) of section 10-145b, as amended. Notwithstanding the provisions of sections 1-210, as amended, and 1-211, information received by the Commissioner of Education, or his representative, pursuant to this section shall be confidential subject to regulations adopted by the State Board of Education under section 10-145g.

(b) After an investigation has been completed and the Commissioner of Children and Families, based upon the results of the investigation, has reasonable cause to believe that a child has been abused by a staff member of a public or private institution or facility providing care for children or private school, the commissioner shall notify the executive director of such institution, school or facility and shall provide records, whether or not created by the department concerning such investigation to such executive director. Such institution, school or facility may suspend such staff person. Such suspension shall be with pay and shall not result in diminution or termination of benefits to such employee. Such suspension shall remain in effect until the incident of abuse has been satisfactorily resolved by the employer of the staff person.

(c) If a school employee or any person holding a certificate, permit or authorization issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, is convicted of a crime involving an act of child abuse or neglect as described in section 46b-120 or a violation of section 53-21, 53a-71 or 53a-73a, the state's attorney for the judicial district in which the conviction occurred shall in writing notify the superintendent of the school district or the supervisory agent of the nonpublic school in which the person is employed and the Commissioner of Education of such conviction.

(d) For the purposes of receiving and making reports, notifying and receiving notification, or investigating, pursuant to the provisions of sections 17a-101a to 17a-101h, inclusive, and 17a-103 a superintendent of a school district or a supervisory agent of a nonpublic school may assign a designee to act on his behalf.

(e) On or before February 1, 1997, each local and regional board of education shall adopt a written policy regarding the reporting by school employees of suspected child abuse in accordance with sections 17a-101a to 17a-101d, inclusive, and 17a-103.

Sec. 31. On or before January 1, 2001, the Department of Education shall report, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to education, on the activities undertaken by local and regional boards of education to counteract aggressive behavior among students in the schools under their jurisdiction. Such report shall include, but not be limited to, descriptions of the activities undertaken in the school as a whole, in the classroom and on an individual student basis.

Sec. 32. Subsection (b) of section 10-283 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding the application date requirements of this section, the Commissioner of Education may approve applications for grants to assist school building projects to remedy damage from fire and catastrophe, [or] to correct safety, health and other code violations or to replace roofs at any time within the limit of available grant authorization and make payments thereon within the limit of appropriated funds.

Sec. 33. Subdivision (6) of subsection (a) of section 10-286 of the general statutes is repealed and the following is substituted in lieu thereof:

(6) In the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for at least twenty years, or in the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for fewer than twenty years when it is determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed and the town is prohibited from recovery of damages or has no other recourse at law or in equity, the eligible percentage for subdivisions (1) and (2) of this subsection, of the eligible cost as determined by the Commissioner of Education. In the case of the total replacement of a roof or the total replacement of a portion of a roof which has existed for fewer than twenty years (A) when it is determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed and the town has recourse at law or in equity and recovers less than such eligible cost, the eligible percentage for subdivisions (1) and (2) of this subsection of the difference between such recovery and such eligible cost, and (B) when the roof is at least fifteen years old but less than twenty years old and it cannot be determined by a registered architect or registered engineer that such roof was improperly designed or improperly constructed, the eligible percentage for subdivisions (1) and (2) of this subsection of the eligible project costs provided such costs are multiplied by the ratio of the age of the roof to twenty years. For purposes of this subparagraph, the age of the roof shall be determined in whole years to the nearest year based on the time between the completed installation of the old roof and the date of the grant application for the school construction project for the new roof.

Sec. 34. (NEW) The Department of Education shall ensure that all interdistrict educational programs and activities receiving state funding are conducted in a manner that promotes a diverse learning environment. It may establish reasonable enrollment priorities to encourage such programs and activities to have racially, ethnically and economically diverse student populations.

Sec. 35. (NEW) (a) Notwithstanding any provision of the general statutes, school districts, regional educational service centers, the Board of Education and Services for the Blind, and all other state and local governmental agencies concerned with education may loan, lease or transfer an assistive device for the use and benefit of a student with a disability to such student or the parent or guardian of such student or to any other public or private nonprofit agency providing services to or on behalf of individuals with disabilities including, but not limited to, an agency providing educational, health or rehabilitative services. Such device may be sold or transferred pursuant to this section regardless of whether the device was declared surplus. The sale or transfer shall be recorded in an agreement between the parties and based upon the depreciated value of the device. For the purposes of this section, "assistive device" means any item, piece of equipment or product system, whether acquired commercially off-the-shelf, modified or customized, that is used to increase, maintain or improve the functional capabilities of individuals with disabilities.

(b) Each municipality which receives funds derived from loans, leases or transfers of assistive technology under this section by a local or regional board of education shall make such funds available to its local or regional board of education in supplement to any other local appropriation, other state or federal grant or other revenue to which the local or regional board of education is entitled.

Sec. 36. Section 29-291 of the general statutes is repealed and the following is substituted in lieu thereof:

For the purposes of this part and any other statute related to fire prevention and safety, the Commissioner of Public Safety shall serve as the State Fire Marshal. [He] The commissioner may delegate to any employee of the Department of Public Safety and The University of Connecticut at Storrs Division of Public Safety such powers as [he] the commissioner deems expedient for the proper administration of this part and any other statute related to fire prevention and safety.

Sec. 37. Subsection (b) of section 10a-168a of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Within available appropriations, the program shall provide grants [for up to fifty] to minority students entering teacher education programs in their junior or senior year at any four-year institution of higher education or enrolled in the alternate route to certification program administered through the Department of Higher Education. Maximum grants shall not exceed five thousand dollars per year for two years. The department shall ensure that at least ten per cent of the grant recipients are minority students who transfer from a Connecticut regional community-technical college.

Sec. 38. Section 2 of public act 99-285 is amended by adding subsections (e) and (f) as follows:

(NEW) (e) The Commissioner of Higher Education shall develop, in concurrence with the Higher Education Coordinating Council, an accountability report prototype. Upon review and approval by the Board of Governors of Higher Education, the commissioner shall submit the report prototype to the joint standing committee of the General Assembly having cognizance of matters relating to education by October 1, 2000. The report prototype shall include accountability measures developed and approved under this section for which data collection mechanisms exist as determined by the commissioner.

(NEW) (f) Each constituent unit of higher education shall submit to the Commissioner of Higher Education its first accountability report by January 1, 2001. The commissioner shall compile and consolidate the reports. The commissioner shall submit, in accordance with section 11-4a, an accountability report that covers the state system of higher education and each constituent unit and public institution of higher education to the joint standing committee of the General Assembly having cognizance of matters relating to education by February 1, 2001. The report shall include baseline data for the accountability measures developed under this section for which data collection mechanisms exist and comparable peer data, as determined by the commissioner after consultation with the Higher Education Coordinating Council and reviewed and approved by the Board of Governors of Higher Education. The report shall also include a timeline for the collection of data and reporting of the remaining accountability measures and for the identification of performance improvement targets.

Sec. 39. The Board of Governors of Higher Education and the Department of Economic and Community Development shall jointly conduct an educational and economic impact analysis of the planned relocation of Three Rivers Community-Technical College. The analysis shall include, but not be limited to, such economic considerations as the effect of the relocation on the economy and property taxes of the community the institution is leaving and the community it is moving into and such educational considerations as the resources available to students in each community and the accessibility of each location for students attending the institution. The Board of Governors shall forward such findings on such relocation to the Board of Trustees for the Community-Technical Colleges. If the State Bond Commission is authorized to issue bonds for the relocation, the Board of Governors shall submit a report on the analysis conducted pursuant to this section and its findings on the relocation to the State Bond Commission for its review and consideration prior to the issuance of such bonds.

Sec. 40. Subsection (b) of section 10-76g of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Any local or regional board of education which provides special education pursuant to the provisions of sections 10-76a to 10-76g, inclusive, for any exceptional child described in subparagraph (A) of subdivision (5) of section 10-76a, under its jurisdiction, excluding (1) children placed by a state agency for whom a board of education receives payment pursuant to the provisions of subdivision (2) of subsection (e) of section 10-76d, and (2) children who require special education, who reside on state-owned or leased property or in permanent family residences, as defined in section 17a-154, and who are not the educational responsibility of the unified school districts established pursuant to sections 17a-37, 17a-240 and 18-99a, shall be financially responsible for the reasonable costs of special education instruction, as defined in the regulations of the State Board of Education, in an amount equal to five 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. The State Board of Education shall pay on a current basis any costs in excess of the local or regional boards' basic contribution paid by such board in accordance with the provisions of this subsection. Any amounts paid by the State Board of Education on a current basis pursuant to this subsection shall not be reimbursable in the subsequent year. Application for such grant shall be made by filing with the Department of Education, in such manner as prescribed by the commissioner, annually on or before December first a statement of the cost of providing special education pursuant to this subsection, provided a board of education may submit, not later than February first, claims for additional children or costs not included in the December filing. Payment by the state for such excess costs shall be made to the local or regional board of education as follows: Seventy-five per cent of the cost in February and the balance in April. The amount due each town pursuant to the provisions of this subsection shall be paid to the treasurer of each town entitled to such aid, provided the treasurer shall treat such grant, or a portion of the grant, which relates to special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures, as a reduction in expenditures by crediting such expenditure account, rather than town revenue. Such expenditure account shall be so credited no later than thirty days after receipt by the treasurer of necessary documentation from the board of education indicating the amount of such special education expenditures incurred in excess of such town's board of education budgeted estimate of such expenditures.

Sec. 41. (NEW) Notwithstanding the provisions of sections 10-144o to 10-146b, inclusive, and 10-149 of the general statutes, the State Board of Education shall not issue or reissue any certificate pursuant to said sections if (1) the applicant for such certificate has been convicted of any of the following: (A) A capital felony, as defined in section 53a-54b of the general statutes; (B) arson murder, as defined in section 53a-54d of the general statutes; (C) any Class A felony; (D) any Class B felony except a violation of section 53a-122, 53a-252 or 53a-292 of the general statutes; or (E) a violation of section 53-21, 53-37a, 53a-60b, as amended, 53a-60c, as amended, 53a-88, 53a-99, 53a-103a, 53a-181b, 53a-181c, 53a-191, 53a-196, 53a-196c, 53a-216, 53a-217b, or 21a-278 of the general statutes, or a violation of subsection (a) of section 21a-277 of the general statutes, and (2) the applicant completed serving the sentence for such conviction within the five years immediately preceding the date of the application.

Sec. 42. Sections 10-220e, 10-222b and 10a-156 of the general statutes are repealed.

Sec. 43. This act shall take effect July 1, 2000.

Approved June 1, 2000