CHAPTER 185
BOARD OF GOVERNORS.
DEPARTMENT OF HIGHER EDUCATION

Table of Contents

Sec. 10a-8c. Matching grant: Restrictions on appropriations.
Sec. 10a-12a. Technical Education Coordinating Council.
Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be authorized.
Sec. 10a-29. (Formerly Sec. 10-329e). Determination of student status.
Sec. 10a-42a. Eligibility of colleges or universities participating in program as of June 30, 1983.

PART I
GENERAL PROVISIONS

      Sec. 10a-8c. Matching grant: Restrictions on appropriations. Notwithstanding the provisions of sections 10a-77a, 10a-99a, 10a-109c, 10a-109i and 10a-143a, no funds shall be appropriated to the Department of Higher Education for grants pursuant to subdivision (2) of subsection (a) of section 10a-77a, subdivision (2) of subsection (a) of section 10a-99a, subdivision (2) of subsection (b) of section 10a-109i and subdivision (2) of subsection (a) of section 10a-143a: (1) Until such time as the amount in the Budget Reserve Fund, established in section 4-30a, equals ten per cent of the net General Fund appropriations for the fiscal year in progress, (2) the amount of the grants appropriated shall be reduced proportionately if the amount available is less than the amount required for such grants, and (3) the amount of funds available to be appropriated during any fiscal year for such grants shall not exceed twenty-five million dollars.

      (June Sp. Sess. P.A. 05-3, S. 68.)

      History: June Sp. Sess. P.A. 05-3 effective June 30, 2005.

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      Sec. 10a-12a. Technical Education Coordinating Council. There shall be a Technical Education Coordinating Council. The council shall consist of the following members: The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to education and commerce, or their designees; the Commissioners of Higher Education and Economic and Community Development and the Labor Commissioner or their designees; the chief executive officers of each constituent unit of the state system of higher education, or their designees; the president of the Connecticut Conference of Independent Colleges; the superintendent of the vocational-technical school system; one member who is a teacher at a regional vocational-technical school designated by the exclusive representative of the vocational-technical school teachers' bargaining unit; two members who are parents of students enrolled in vocational-technical schools designated by the vocational-technical schools parents' association; one member representing each of the economic clusters identified pursuant to section 32-1m designated by the Commissioner of Economic and Community Development; one member designated by the Connecticut Business and Industry Association; one member designated by the Manufacturing Assistance Council; and one member designated by the Connecticut Technology Council. The cochairperson of the joint standing committee of the General Assembly having cognizance of matters relating to education, or their designees, shall jointly convene a meeting of the council not later than October 1, 1998. The council shall meet at least six times a year to review and evaluate the coordinated delivery of technical and technological education to meet the employment needs of business and industry. The council shall also explore ways to: (1) Encourage students to pursue technical careers, including the development or expansion of alternative training methods that may improve the delivery and accessibility of vocational-technical training; (2) ensure a successful transition for students from the regional vocational-technical schools to post secondary education; and (3) improve public awareness regarding manufacturing careers. On or before January 1, 1999, and annually thereafter, the Commissioner of Education shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to education and commerce on the activities of the council in the prior year.

      (P.A. 89-260, S. 16, 41; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 98-252, S. 72, 80; P.A. 05-191, S. 11.)

      History: P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development (Revisor's note: A reference to "Commissioners of Higher Education, Labor and Economic and Community Development" was replaced editorially by the Revisors with "Commissioners of Higher Education and Economic and Community Development and the Labor Commissioner" for consistency with customary statutory usage); P.A. 98-252 expanded the membership of the council, required the first meeting of the expanded council to be called by cochairpersons of education committee, expanded the duties of the council by adding Subdivs. (1) to (3), inclusive, removed obsolete language, and required report to commerce committee, effective July 1, 1998; P.A. 05-191 substituted "32-1m" for "32-4g".

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      Sec. 10a-22c. (Formerly Sec. 10-7c). When certificate to operate shall not be authorized. (a) No certificate to operate a private occupational school shall be authorized by the Commissioner of Higher Education if (1) any principal, officer or director of the applicant school has acted in a similar capacity for a private occupational school which has had its authorization revoked pursuant to section 10a-22f; (2) the applicant school does not have a net worth consisting of sufficient liquid assets or other evidence of fiscal soundness to operate for the period of time for which authorization is sought; (3) the applicant school or any of its agents engages in advertising, sales, collection, credit or other practices which are false, deceptive, misleading or unfair; or (4) the applicant school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation with the Commissioner of Higher Education.

      (b) No certificate to operate a private occupational school shall be issued by the commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner certificates indicating that the buildings and premises for such school meet all applicable state and local fire and zoning requirements. Such certificates shall be attested to by the fire marshal and zoning enforcement officer within the municipality in which such school is located.

      (c) No certificate to operate a new private occupational school shall be issued by the commissioner pursuant to section 10a-22d until such private occupational school seeking authorization files with the commissioner an irrevocable letter of credit in the penal amount of twenty thousand dollars guaranteeing the payments required of the school to the private occupational school student protection account in accordance with the provisions of section 10a-22u. The letter of credit shall be payable to the private occupational school student protection account in the event that such school fails to make payments to the account as provided in subsection (a) of section 10a-22u or in the event the state takes action to reimburse the account for a tuition refund paid to a student pursuant to the provisions of section 10a-22v, provided the amount of the letter of credit to be paid into the private occupational school student protection account shall not exceed the amounts owed to the account. The letter of credit required by this subsection shall be excused once a school has paid in excess of twenty thousand dollars into the private occupational school student protection account or eight years from the date of initial approval, whichever occurs first.

      (P.A. 79-380, S. 3; P.A. 83-150, S. 1, 4; 83-194, S. 1, 2; 83-501, S. 3, 12; P.A. 93-294, S. 3, 17; P.A. 05-60, S. 1.)

      History: P.A. 83-194 added Subsec. (c) requiring new private occupational schools to file an irrevocable letter of credit in the penal amount of ten thousand dollars (Revisor's note: The name "Default Assurance Fund" was changed editorially by the Revisors to "Private Occupational School Student Protection Fund" by authority of P.A. 83-150); P.A. 83-501 amended Subsec. (a) adding provision that authorization to operate will be withheld if school has any policy which discourages or prohibits the filing of inquiries or complaints regarding the school's operation; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education and amended Subsec. (c) to change the provision for the excusing of the letter of credit based on five years from the date of the letter of credit to five years from the date of initial approval and to remove obsolete language, effective July 1, 1993; Sec. 10-7c transferred to Sec. 10a-22c in 1995; (Revisor's note: In 1997 references in Subsec. (c) to the "Private Occupational School Student Protection Fund" were replaced editorially by the Revisors with "private occupational school protection account" to conform section with Sec. 10a-22u); P.A. 05-60 amended Subsec. (c) to raise penal amount from ten to twenty thousand dollars and to increase the dollar amount and time period required to excuse the letter of credit from ten to twenty thousand dollars and from five to eight years, respectively, effective July 1, 2005.

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PART II
TUITION CHARGES

      Sec. 10a-29. (Formerly Sec. 10-329e). Determination of student status. The following shall determine the status of a student:

      (1) Every person having his domicile in this state shall be entitled to classification as an in-state student for tuition purposes. Except as otherwise provided in this part, no person having his domicile outside of this state shall be eligible for classification as an in-state student for tuition purposes;

      (2) The domicile of an unemancipated person is that of his parent;

      (3) Upon moving to this state, an emancipated person employed full-time who provides evidence of domicile may apply for in-state classification for his spouse and unemancipated children after six consecutive months of residency and, provided such person is not himself in this state primarily as a full-time student, his spouse and unemancipated children may at once be so classified, and may continue to be so classified so long as such person continues his domicile in this state;

      (4) Any unemancipated person who remains in this state when his parent, having theretofore been domiciled in this state, removes from this state, shall be entitled to classification as an in-state student until attainment of the degree for which he is currently enrolled, so long as his attendance at a school or schools in this state shall be continuous;

      (5) The spouse of any person who is classified or is eligible for classification as an in-state student shall likewise be entitled to classification as an in-state student;

      (6) A member of the armed forces who is stationed in this state pursuant to military orders shall be entitled to classification as an in-state student; and

      (7) An unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The student, while in continuous attendance toward the degree for which he is currently enrolled, shall not lose his residence when his parent is thereafter transferred on military orders.

      (P.A. 73-474, S. 3, 9; P.A. 05-110, S. 1.)

      History: Sec. 10-329e transferred to Sec. 10a-29 in 1983 pursuant to reorganization of higher education system; P.A. 05-110 added new Subdiv. (6) re member of armed forces stationed in this state and redesignated existing Subdiv. (6) as Subdiv. (7), effective July 1, 2005.

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PART IV
INDEPENDENT COLLEGES

      Sec. 10a-42a. Eligibility of colleges or universities participating in program as of June 30, 1983. Nothing in sections 10a-36 to 10a-42, inclusive, shall affect the eligibility of an accredited independent college or university which, as of June 30, 1983, participated in the program authorized under sections 10a-36 to 10a-42, inclusive, of the general statutes, revision of 1958, revised to 1983. A change in corporate structure shall not affect the eligibility of an accredited independent college or university that participated in said program as of said date.

      (P.A. 83-197, S. 8, 9; P.A. 05-245, S. 52.)

      History: P.A. 05-245 added provision re change in corporate structure, effective June 30, 2005.

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