File No. 407

Senate, April 12, 2012

The Committee on Education reported through SEN. STILLMAN of the 20th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING MINOR REVISIONS TO THE EDUCATION STATUTES.

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

Section 1. Subsection (a) of section 10-285b of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) Any incorporated or endowed high school or academy approved by the State Board of Education, pursuant to section 10-34, may apply and be eligible subsequently to be considered for school construction grant commitments from the state pursuant to this chapter.

(2) Applications pursuant to this subsection shall be filed at such time and on such forms as the Department of Construction Services prescribes. The Commissioners of Education and Construction Services shall approve such applications pursuant to the provisions of section 10-284.

(3) In the case of a school building project, as defined in subparagraph (A) of subdivision (3) of section 10-282, the amount of the grant approved by the Commissioner of Construction Services shall be computed pursuant to the provisions of section 10-286, and the eligible percentage shall be computed pursuant to the provisions of subsection (b) of this section. The calculation of the grant pursuant to this section shall be made in accordance with the state standard space specifications in effect at the time of final grant calculation.

Sec. 2. Section 8-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The state, acting by and in the discretion of the Commissioner of Social Services or the Commissioner of Education, as appropriate, may enter into a contract with a municipality or a qualified private, nonprofit corporation for state financial assistance for the planning, construction, renovation, site preparation and purchase of improved or unimproved property as part of a capital development project for neighborhood facilities. Such facilities may include, but are not limited to, child day care facilities, elderly centers, multipurpose human resource centers, emergency shelters for the homeless and shelters for victims of domestic violence. The financial assistance shall be in the form of state grants-in-aid equal to (1) all or any portion of the cost of such capital development project if the grantee is a qualified private nonprofit corporation, or (2) up to two-thirds of the cost of such capital development project if the grantee is a municipality, as determined by the [commissioner] Commissioner of Social Services or the Commissioner of Education, as appropriate.

(b) The state, acting by and in the discretion of the Commissioner of [Social Services] Education, may enter into a contract with a municipality, a human resource development agency or a nonprofit corporation for state financial assistance in developing and operating child day care centers for children disadvantaged by reasons of economic, social or environmental conditions, provided no such financial assistance shall be available for the operating costs of any such day care center unless it has been licensed by the Commissioner of Public Health pursuant to section 19a-80. Such financial assistance shall be available for a program of a municipality, of a human resource development agency or of a nonprofit corporation which may provide for personnel, equipment, supplies, activities, program materials and renovation and remodeling of physical facilities of such day care centers. Such contract shall provide for state financial assistance, within available appropriations, in the form of a state grant-in-aid (1) for a portion of the cost of such program as determined by the Commissioner of [Social Services] Education, if not federally assisted, or (2) equal to one-half of the amount by which the net cost of such program as approved by the [commissioner] Commissioner of Education exceeds the federal grant-in-aid thereof. The Commissioner of [Social Services] Education may authorize child day care centers provided financial assistance pursuant to this subsection to apply a program surplus to the next program year. The [commissioner] Commissioner of Education shall consult with directors of child day care centers in establishing fees for the operation of such centers.

(c) The Department of [Social Services] Education, in consultation with representatives from child care centers, within available appropriations, shall develop guidelines for state-contracted child care center programs. The guidelines shall include standards for program quality and design and identify short and long-term outcomes for families participating in such programs. The Department of [Social Services] Education, within available appropriations, shall provide a copy of such guidelines to each state-contracted child care center. Each state-contracted child care center shall use the guidelines to develop a program improvement plan for the next twelve-month period and shall submit the plan to the department. The plan shall include goals to be used for measuring such improvement. The department shall use the plan to monitor the progress of the center.

(d) The state, acting by and in the discretion of the [commissioner] Commissioner of Education may enter into a contract with a municipality, a human resource development agency or a nonprofit corporation for state financial assistance for a project of renovation of any child day care facility receiving assistance pursuant to the provisions of this section, to make such facility accessible to the physically disabled, in the form of a state grant-in-aid equal to (1) the total net cost of the project as approved by the [commissioner] Commissioner of Education, or (2) the total amount by which the net cost of the project as approved by the [commissioner] Commissioner of Education exceeds the federal grant-in-aid thereof.

(e) Any municipality, human resource development agency or nonprofit corporation which enters into a contract pursuant to this section for state financial assistance for a day care facility shall have sole responsibility for the development of the budget of the day care program, including, but not limited to, personnel costs, purchases of equipment, supplies, activities and program materials, within the resources provided by the state under said contract. Upon local determination of a change in the type of day care service required in the area, a municipality, human resource development agency or nonprofit corporation may, within the limits of its annual budget and subject to the provisions of this subsection and sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87a, inclusive, change its day care service. An application to change the type of child day care service provided shall be submitted to the Commissioner of [Social Services. Within] Education. Not later than forty-five days [of his receipt of] after the Commissioner of Education receives the application, the [commissioner] Commissioner of Education shall advise the municipality, human resource development agency or nonprofit corporation of [his] the Commissioner of Education's approval, denial or approval with modifications of the application. If the [commissioner] Commissioner of Education fails to act on the application [within forty-five days of its] not later than forty-five days after the application's submittal, the application shall be deemed approved.

(f) The Commissioner of [Social Services] Education may, in his discretion, with the approval of the Secretary of the Office of Policy and Management authorize the expenditure of such funds for the purposes of this section as shall enable the Commissioner of [Social Services] Education to apply for, qualify for and provide the state's share of a federally assisted day care program.

Sec. 3. Section 10-19q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

The Department of Education shall administer, within available appropriations, an enhancement grant program for youth service bureaus. The department shall annually award grants in the amounts of: (1) Three thousand three hundred dollars to youth service bureaus that serve a town with a population of not more than eight thousand or towns with a total combined population of not more than eight thousand; (2) five thousand dollars to youth service bureaus that serve a town with a population greater than eight thousand, but not more than seventeen thousand or towns with a total combined population greater than eight thousand, but not more than seventeen thousand; (3) six thousand two hundred fifty dollars to youth service bureaus that serve a town with population greater than seventeen thousand, but not more than thirty thousand or towns with a total combined population greater than seventeen thousand, but not more than thirty thousand; (4) seven thousand five hundred fifty dollars to youth service bureaus that serve a town with a population greater than thirty thousand, but not more than one hundred thousand or towns with a total combined population greater than thirty thousand, but not more than one hundred thousand; and (5) ten thousand dollars to youth service bureaus that serve a town with a population greater than one hundred thousand or towns with a total combined population greater than one hundred thousand. Notwithstanding the provisions of this section, for the fiscal year ending June 30, 2013, and each fiscal year thereafter, the amount of grants payable to youth service bureaus shall be reduced proportionately if the total of such grants in such year exceeds the amount appropriated for such grants for such year.

Sec. 4. Subsection (a) of section 10-220 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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, 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, (3) proper maintenance of facilities, and (4) a safe school setting; shall, in accordance with the provisions of subsection (f) of this section, maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee, as defined in section 53a-65, employed by the local or regional board of education; 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 adopt and implement an indoor air quality program that provides for ongoing maintenance and facility reviews necessary for the maintenance and improvement of the indoor air quality of its facilities; shall adopt and implement a green cleaning program, pursuant to section 10-231g, that provides for the procurement and use of environmentally preferable cleaning products in school buildings and facilities; on and after July 1, 2011, and triennially thereafter, shall report to the Commissioner of [Education] Construction Services on the condition of its facilities and the action taken to implement its long-term school building program, indoor air quality program and green cleaning program, which report the Commissioner of [Education] Construction Services shall use to prepare a triennial report that said commissioner shall submit in accordance with section 11-4a to the joint standing committee of the General Assembly having cognizance of matters relating to education; shall advise the Commissioner of [Education] Construction Services 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 develop and implement a written plan for minority staff recruitment for purposes of subdivision (3) of section 10-4a, as amended by this act; 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 five years of age and over and under eighteen years of age who is not a high school graduate and is 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.

Sec. 5. Subsection (d) of section 10-264l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Grants made pursuant to this section, except those made pursuant to subdivision (6) of subsection (c) of this section, shall be paid as follows: Seventy per cent by September first and the balance by May first of each fiscal year. The May first payment shall be adjusted to reflect actual interdistrict magnet school program enrollment as of the preceding October first using the data of record as of the intervening March first, if the actual level of enrollment is lower than the projected enrollment stated in the approved grant application. The May first payment shall be further adjusted for the difference between the total grant received in the prior fiscal year and the [preliminary] revised grant amount calculated for the [current] prior fiscal year in cases where the financial audit submitted by the interdistrict magnet school pursuant to subdivision (1) of subsection (n) of this section indicates an overpayment by the department.

Sec. 6. Subsection (a) of section 10-264h of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the fiscal year ending June 30, [1996, until the fiscal year ending June 30, 2003] 2012, and each fiscal year thereafter, a local or regional board of education, regional educational service center, [or] a cooperative arrangement pursuant to section 10-158a, [for purposes of an interdistrict magnet school] or any of the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the Commissioner of Education: (1) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (2) the Board of Trustees of the Connecticut State University System on behalf of a state university, (3) the Board of Trustees for The University of Connecticut on behalf of the university, (4) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, and (5) any other third-party not-for-profit corporation approved by the Commissioner of Education, may be eligible for reimbursement, except as otherwise provided for, up to [the full reasonable] eighty per cent of the eligible 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. [For the fiscal year ending June 30, 2004, until the fiscal year ending June 30, 2011, the following entities that operate an interdistrict magnet school that assists the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., as determined by the Commissioner of Education may be eligible for reimbursement up to ninety-five per cent of such cost: (1) The Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (2) the Board of Trustees of the Connecticut State University System on behalf of a state university, (3) the Board of Trustees for The University of Connecticut on behalf of the university, (4) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, and (5) any other third-party not-for-profit corporation approved by the Commissioner of Education. For the fiscal year ending June 30, 2012, and each fiscal year thereafter, a project eligible for reimbursement under this section, except as otherwise provided for, may be eligible for reimbursement up to eighty per cent of the eligible cost of such project.] To be eligible for reimbursement under this section a magnet school construction project shall meet the requirements for a school building project established in chapter 173, except that the Commissioner of Construction Services, in consultation with the Commissioner of Education, may waive any requirement in such chapter for good cause. On and after July 1, 2011, the Commissioner of Construction Services shall approve only applications for reimbursement under this section that the Commissioner of Education finds will reduce racial, ethnic and economic isolation. Applications for reimbursement under this section for the construction of new interdistrict magnet schools shall not be accepted until the Commissioner of Education develops a comprehensive state-wide interdistrict magnet school plan, in accordance with the provisions of subdivision (1) of subsection (b) of section 10-264l, unless the Commissioner of Education determines that such construction will assist the state in meeting the goals of the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al.

Sec. 7. Subsection (a) of section 10-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Education shall, in accordance with this section, issue a state high school diploma to any person (1) who successfully completes an examination approved by the commissioner, or (2) who (A) is [sixteen or] seventeen years of age and has been officially withdrawn from school in accordance with the provisions of section 10-184 or is eighteen years of age or older, and (B) presents to the commissioner evidence demonstrating educational qualifications which the commissioner deems equivalent to those required for graduation from a public high school. Application for such a diploma shall be made in the manner and form prescribed by the commissioner provided at the time of application to take the examination described in subdivision (1) of this subsection the applicant is seventeen years of age or older, has been officially withdrawn from school, in accordance with section 10-184, for at least six months and has been advised, in such manner as may be prescribed by the commissioner, of the other options for high school completion and other available educational programs. For good cause shown, the commissioner may allow a person who is sixteen years of age to apply to take the examination, provided the commissioner may not issue a state high school diploma to such person until the person has attained seventeen years of age.

Sec. 8. Subdivision (1) of section 10-67 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) "Adult" means any person [sixteen] seventeen years of age or [over] older who is not enrolled in a public elementary or secondary school program or a student enrolled in school who was assigned to an adult class pursuant to subsection (d) of section 10-233d or section 10-73d;

Sec. 9. Subsection (a) of section 10-76i of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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. On and after July 1, 2010, the advisory council shall consist of the following members: (1) Nine appointed by the Commissioner of Education, (A) six of whom shall be (i) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (ii) individuals with disabilities, (B) one of whom shall be an official of the Department of Education, (C) one of whom shall be a state or local official responsible for carrying out activities under Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq., as amended from time to time, and (D) one of whom shall be a representative of an institution of higher education in the state that prepares teacher and related services personnel; (2) one appointed by the Commissioner of Developmental Services who shall be an official of the department; (3) one appointed by the Commissioner of Children and Families who shall be an official of the department; (4) one appointed by the Commissioner of Correction who shall be an official of the department; (5) [a representative from] the director of the Office of Protection and Advocacy for Persons with Disabilities, or the director's designee; (6) [a representative from] one appointed by the director of the Parent Leadership Training Institute within the Commission on Children who shall be (A) the parent of a child with a disability, provided such child is under the age of twenty-seven, or (B) an individual with a disability; (7) a representative from the parent training and information center for Connecticut established pursuant to the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time; [(7) a representative from] (8) the director of the Bureau of Rehabilitative Services, or the director's designee; [(8)] (9) five who are members of the General Assembly who shall serve as nonvoting members of the advisory council, one appointed by the speaker of the House of Representatives, 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; [(9)] (10) one appointed by the president pro tempore of the Senate who shall be a member of the Connecticut Speech-Language-Hearing Association; [(10)] (11) one appointed by the majority leader of the Senate who shall be a public school teacher; [(11)] (12) one appointed by the minority leader of the Senate who shall be a representative of a vocational, community or business organization concerned with the provision of transitional services to children with disabilities; [(12)] (13) one appointed by the speaker of the House of Representatives who shall be a member of the Connecticut Council of Special Education Administrators and who is a local education official; [(13)] (14) one appointed by the majority leader of the House of Representatives who shall be a representative of charter schools; [(14)] (15) one appointed by the minority leader of the House of Representatives who shall be a member of the Connecticut Association of Private Special Education Facilities; [(15)] (16) one appointed by the Chief Court Administrator of the Judicial Department who shall be an official of such department responsible for the provision of services to adjudicated children and youth; [(16)] (17) seven appointed by the Governor, all of whom shall be (A) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (B) individuals with disabilities; and [(17)] (18) such other members as required by the Individuals with Disabilities Education Act, 20 USC 1400 et seq., as amended from time to time, appointed by the Commissioner of Education. Appointments made pursuant to the provisions of this section shall be representative of the ethnic and racial diversity of, and the types of disabilities found in, the state population. The terms of the members of the council serving on June 8, 2010, shall expire on June 30, 2010. Appointments shall be made to the council by July 1, 2010. Members shall serve two-year terms, except that members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection whose terms commenced July 1, 2010, shall serve three-year terms and the successors to such members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection shall serve two-year terms.

Sec. 10. Subsection (g) of section 10-16x of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(g) Not later than [December 1, 2011] February 15, 2012, and biennially thereafter, the Department of Education shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on performance outcomes of recipients of grants under this section. The report shall include, but not be limited to, measurements of the impact on student achievement, school attendance and the in-school behavior of student participants.

Sec. 11. Subsection (a) of section 10-215g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established an in-classroom school breakfast pilot program. The Department of Education may, within available appropriations, maintain a competitive grant program for the purpose of assisting up to ten severe need schools, as defined [by federal law governing school nutrition programs] in section 10-266w, to establish or expand in-classroom school breakfast programs.

Sec. 12. (NEW) (Effective from passage) The Department of Education shall administer, within available appropriations, an even start family literacy program, in accordance with the William F. Goodling Even Start Family Literacy Program under the No Child Left Behind Act, P.L. 107-111, to provide grants to establish new or expand existing local family literacy programs that provide literacy services for children and the parents or guardians of such children.

Sec. 13. Subsection (c) of section 10-16n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) There is established a committee to advise the Commissioner of Education concerning the coordination, priorities for allocation and distribution, and utilization of funds for Head Start and concerning the competitive grant program established under this section, and to evaluate programs funded pursuant to this section. The committee shall consist of [twelve members as follows] the following members: (1) One member designated by the Commissioner of Social Services; (2) six members who are directors of Head Start programs, two from community action agency program sites or school readiness [coordinators] liaisons, one of whom shall be appointed by the president pro tempore of the Senate and one by the speaker of the House of Representatives, two from public school program sites, one of whom shall be appointed by the majority leader of the Senate and one by the majority leader of the House of Representatives, and two from other nonprofit agency program sites, one of whom shall be appointed by the minority leader of the Senate and one by the minority leader of the House of Representatives; (3) one member designated by the Commission on Children; (4) one member designated by the Early Childhood Education [Council] Cabinet; [one member] (5) two members designated by the Head Start [Directors] Association, [who] one of whom shall be the parent of a present or former Head Start student; (6) one member designated by the Connecticut Association for Community Action who shall have expertise and experience concerning Head Start; [and] (7) one member designated by the Region I Office of [Human Development Services, Office of Community Programs, Region 1 of] Head Start within the federal Administration of Children and Families of the Department of Health and Human Services; and (8) the director of the Head Start Collaboration Office.

Sec. 14. Section 10-4a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For purposes of sections 10-4, 10-4b and 10-220, as amended by this act, the educational interests of the state shall include, but not be limited to, the concern of the state that (1) each child shall have for the period prescribed in the general statutes equal opportunity to receive a suitable program of educational experiences; (2) each school district shall finance at a reasonable level at least equal to the minimum [expenditure] budget requirement pursuant to the provisions of section [10-262j] 10-262i 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 (4) the mandates in the general statutes pertaining to education within the jurisdiction of the State Board of Education be implemented.

Sec. 15. Subdivision (18) of section 10-282 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(18) "Renovation" means a school building project to totally refurbish an existing building (A) 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] Department of Construction Services, 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, (B) which was not renovated in accordance with this subdivision during the twenty-year period ending on the date of application, and (C) of which not less than seventy-five per cent of the facility to be renovated is at least thirty years old;

Sec. 16. Subdivision (4) of subsection (a) of section 10-286 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) In the case of a regional agricultural science and technology education center or the purchase of equipment pursuant to subsection (a) of section 10-65 or a regional special education facility pursuant to section 10-76e, as amended by this act, an amount equal to eighty per cent of the eligible cost of such project, as determined by the Commissioner of Construction Services;

Sec. 17. Section 10-76e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Any school district which agrees to provide special education, as part of a long-term regional plan approved by the State Board of Education, for children requiring special education who reside in other school districts or a private academy, as defined in section 10-289d, which agrees to provide special education, as part of a long-term regional plan approved by the State Board of Education, for children requiring special education shall be eligible to receive a grant, through progress payments in accordance with the provisions of section 10-287i, in accordance with the provisions of chapter 173, which payments shall total an amount equal to [ninety-five] eighty per cent of the net eligible cost to such district or to such academy of purchasing, constructing or reconstructing appropriate facilities to be used primarily for children requiring special education and equipping and furnishing of any such purchase, construction or reconstruction, provided such facilities shall be approved by the State Board of Education and shall be an adjunct to or connected with facilities for children in the regular school program, except when the State Board of Education determines that separate facilities would be of greater benefit to the children participating in the long-term special education program.

Sec. 18. Subparagraph (E) of subdivision (3) of subsection (c) of section 10-264l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(E) Each interdistrict magnet school operated by (i) a regional educational service center, (ii) the Board of Trustees of the Community-Technical Colleges on behalf of a regional community-technical college, (iii) the Board of Trustees of the Connecticut State University System on behalf of a state university, (iv) the Board of Trustees for The University of Connecticut on behalf of the university, (v) the board of governors for an independent college or university, as defined in section 10a-37, or the equivalent of such a board, on behalf of the independent college or university, (vi) cooperative arrangements pursuant to section 10-158a, [and] (vii) any other third-party not-for-profit corporation approved by the commissioner, and (viii) the Hartford school district for the operation of Great Path Academy on behalf of Manchester Community College, that enrolls less than sixty per cent of its students from Hartford pursuant to the 2008 stipulation and order for Milo Sheff, et al. v. William A. O'Neill, et al., shall receive a per pupil grant in the amount of (I) nine thousand six hundred ninety-five dollars for the fiscal year ending June 30, 2010, and (II) ten thousand four hundred forty-three dollars for the fiscal years ending June 30, 2011, to June 30, 2013, inclusive.

Sec. 19. Subsection (k) of section 10-264l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(k) For the fiscal year ending June 30, 2009, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school shall be in an amount equal to at least seventy-five per cent of the difference between (1) the average per pupil expenditure of the magnet school for the prior fiscal year, and (2) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. For the fiscal year ending June 30, 2010, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school for any student enrolled in such interdistrict magnet school shall be in an amount equal to at least ninety per cent of the difference between (A) the average per pupil expenditure of the magnet school for the prior fiscal year, and (B) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. For the fiscal year ending June 30, 2011, and each fiscal year thereafter, any tuition charged to a local or regional board of education by a regional educational service center operating an interdistrict magnet school or any tuition charged by the Hartford school district operating the Great Path Academy on behalf of Manchester Community College for any student enrolled in such interdistrict magnet school shall be in an amount equal to the difference between (i) the average per pupil expenditure of the magnet school for the prior fiscal year, and (ii) the amount of any per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources calculated on a per pupil basis. If any such board of education fails to pay such tuition, the commissioner may withhold from such board's town or towns a sum payable under section 10-262i in an amount not to exceed the amount of the unpaid tuition to the magnet school and pay such money to the fiscal agent for the magnet school as a supplementary grant for the operation of the interdistrict magnet school program. In no case shall the sum of such tuitions exceed the difference between (I) the total expenditures of the magnet school for the prior fiscal year, and (II) the total per pupil state subsidy calculated under subsection (c) of this section plus any revenue from other sources. The commissioner may conduct a comprehensive financial review of the operating budget of a magnet school to verify such tuition rate.

Sec. 20. Subsection (o) of section 10-264l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(o) For the school years commencing July 1, 2009, to July 1, 2012, inclusive, the Hartford school district shall not charge tuition for any student enrolled in an interdistrict magnet school operated by such school district, except the Hartford school district may charge tuition for any student enrolled in the Great Path Academy.

Sec. 21. Subsection (b) of section 10-221d of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) If a local or regional board of education, endowed or incorporated academy approved by the State Board of Education pursuant to section 10-34, or special education facility approved by the State Board of Education pursuant to section 10-76d requests, a regional educational service center shall arrange for the fingerprinting of any person required to submit to state and national criminal history records checks pursuant to this section or for conducting any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation and shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a. Such regional educational service center shall maintain such fingerprints or other positive identifying information, which may be in an electronic format, for a period of four years, at the end of which such fingerprints and positive identifying information shall be destroyed. Such regional educational service centers shall provide the results of such checks to such local or regional board of education, endowed or incorporated academy or special education facility. Such regional educational service centers shall provide such results to any other local or regional board of education or regional educational service center upon the request of such person.

Statement of Legislative Commissioners:

Clarified language in section 21 to reflect the intent of committee.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: See Below

Municipal Impact: See Below

Explanation

The bill makes various revisions to the education statutes with the associated fiscal impact identified below.

Section 1 will result in an increase in General Fund debt service cost related to an increase in General Obligation (GO) bond authorizations for school construction grants-in-aid because it permits private or endowed academies to apply for funding; however the magnitude of the impact cannot be determined because there are no pending applications from these schools. Prior to the enactment of PA 11-51, Woodstock Academy, Norwich Free Academy, and Gilbert Academy could apply for funding but the public act eliminated their eligibility.¹

Section 2 is conforming and does not result in a fiscal impact.

Section 3 caps the enhancement grant for Youth Service Bureaus (YSB) at the appropriated amount and requires the grant for each YSB to be proportionately reduced if the appropriation level is insufficient. This could result in a potential revenue loss for municipalities.

sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $42,000 in the YSB base grant for three new YSBs located in Voluntown, Columbia, and Watertown. However, the enhancement grant was not increased, so there is likelihood that the enhancement grants will be proportionately reduced. On average, the enhancement grant for each YSB is between $3,300 and $10,000 depending on the population of the town or group of towns the YSB serves.

Section 4 has no fiscal impact because the Department of Construction Services is currently responsible for collecting data on school facilities and producing the reports.

Sections 5 and 6 require the State Department of Education (SDE) to adjust for any overpayment of interdistrict magnet school per-student operating grants in the May 1^st payment for the following year. This could result in either a revenue loss or a revenue gain for various municipalities. It is anticipated that the magnitude of the impact will be minimal.

Sections 7 and 8 are conforming and have no fiscal impact.

Section 9 makes various membership changes to the Special Education Advisory Council, which has no fiscal impact.

Section 10, which delays the deadline for SDE's biennial after-school grant program report, is not anticipated to result in a fiscal impact.

Section 11 expands eligibility for competitive grants for a pilot program to help schools establish in-classroom breakfast programs, to up to ten eligible schools. Currently, three schools are participating in the pilot program. If SDE expands the eligibility to include ten schools, the annual appropriation of $50,000 will be spread over ten rather than three schools, thus potentially reducing the funding to the original three schools. This could result in a minimal revenue loss to one of three municipalities currently operating the pilot.²

Section 12 requires SDE to administer an Even Start program. sHB 5014, the revised FY 13 budget bill, as favorably reported by the Appropriations Committee, appropriated $500,000 for this purpose.

Section 13 makes various membership changes to the Head Start Advisory Committee, and is not anticipated to result in a fiscal impact.

Sections 14 and 15 make conforming changes that are not anticipated to result in a fiscal impact.

Sections 16 and 17 will result in General Fund debt service savings related to a decrease in General Obligation (GO) bond authorizations for school construction grants-in-aid because the sections reduce the reimbursement rate for vocational agriculture equipment and regional special education facility projects. The annual reduction in grants-in-aid for vocational agriculture equipment is estimated to be less than $100,000 (see Further Explanation below). The impact on funding for regional special education facility projects cannot be determined at this time because there is currently a moratorium on the expansion of such facilities that is expected to continue into the foreseeable future.

Further Explanation

The table below shows: (1) the state's actual expenditures at the 95% reimbursement rate for vocational agriculture equipment between FY 08 and FY 11 and (2) a savings of about $86,000 if the rate had been 80%. The General Fund debt service cost for the issuance of $100,000 in General Obligation (GO) bonds over 20 years at a 5% interest rate is $152,500 (comprised of $52,500 in interest and $100,000 in principal). There are 19 regional vocational agriculture programs currently operating.

FY 08 to FY 11 State Reimbursements for Vo-Ag Equipment

Actual Cost at 95% Rate and Estimated Savings at 80% Rate

Sections 18-20 allow the Hartford school district to operate the Great Path Magnet School while maintaining the current funding structure, as operated by the Capitol Region Education Council (CREC). The bill provides Hartford with the same per pupil operating grant ($10,433) as CREC and the ability to charge tuition to sending towns.

This results in a foregone savings to the state of approximately $232,318 and a foregone savings to various municipalities who are currently paying tuition to Great Path (of approximately $4,000 per student). If the language contained in Sections 18-20 were not included and Hartford were still to take over Great Path, the state would save, and Hartford would correspondingly lose $232,318, plus the revenue that sending towns pay for tuition dollars.

Section 21, which requires Regional Education Service Centers (RESCs) to maintain fingerprints for up to four years, is not anticipated to result in a fiscal impact.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to the rate of inflation. The General Fund debt service fiscal impact identified above would continue into the future for the term of issuance of the bonds.

OLR Bill Analysis

sSB 299

AN ACT CONCERNING MINOR REVISIONS TO THE EDUCATION STATUTES.

SUMMARY:

This bill:

1. requires regional education service centers (RESCs) that arrange for criminal background checks of school personnel to retain fingerprints and other identifying information for four years;

2. limits enhancement grants to youth service bureaus (YSBs) to the amount appropriated for the grants and requires proportional grant reductions if that amount is not sufficient to pay the full grants;

3. gives the Hartford school district, as the successor operator of Great Path Academy magnet school on behalf of Manchester Community College (MCC), the same state operating grants and allows it to charge sending districts the same tuition as its predecessor;

4. makes changes to conform with laws enacted or taking effect in 2011, including those relating to school construction, responsibility for early childhood programs, school breakfast program eligibility, and an increase in the high school dropout age;

5. expands and revises the membership of the Special Education and Head Start advisory councils;

6. changes the deadline for State Department of Education's (SDE) after-school grant program report;

7. expressly allows SDE to administer the Even Start Family Literacy Program; and

8. makes other minor and technical changes and eliminates obsolete language.

EFFECTIVE DATE: Upon passage, except for the provision relating to youth service bureau enhancement grants, which takes effect July 1, 2012.

FINGERPRINTS FOR SCHOOL EMPLOYEE BACKGROUND CHECKS (§ 21)

By law, school districts must conduct state and national criminal history record checks of certain school personnel and may arrange for the required checks through RESCs. The bill (1) requires RESCs to maintain the fingerprints and positive identifying information submitted for the checks for four years and then destroy them and (2) allows the fingerprints or other information to be in electronic form.

YOUTH SERVICE BUREAU ENHANCEMENT GRANTS (§ 3)

Starting with FY 13, the bill caps aggregate enhancement grants for YSBs at the appropriated amount and requires the grant for each YSB to be proportionately reduced if the annual appropriation for the grants is insufficient to cover the full statutory payments.

By law, each YSB receives a basic grant of $14,000 plus an enhancement grant of between $3,300 and $10,000 based on the population of the town or group of towns the YSB serves.

HARTFORD AND THE GREAT PATH ACADEMY (§§ 18-20)

The bill allows the Hartford school district to receive the same state magnet school operating grant for students at MCC's Great Path Academy interdistrict magnet school as the school's former operator, Capitol Region Education Council (CREC) received, namely $10,433 per student for FY 13.

It also allows Hartford to charge tuition to districts whose students attend Great Path Academy. As with tuition charged by CREC, that charged by Hartford must equal the difference between Great Path's average per-pupil expenditure for the prior year and its state per-pupil operating grant plus any other funds it receives, calculated on a per-student basis.

The Hartford school district has received a contract from MCC's board of trustees to operate Great Path Academy on its behalf, succeeding CREC as the school's operator.

SCHOOL CONSTRUCTION PROVISIONS (§§ 1, 4, & 15-17)

Endowed Academies (§ 1)

The bill expressly allows qualifying endowed academies (see BACKGROUND) to apply for and receive state school construction grants, restoring provisions deleted in PA 11-51. Current law specifies a method for calculating grants for such schools but does not explicitly allow them to apply for grants.

School Facilities Reports (§ 4)

PA 11-51 transferred responsibility for state school construction grants and certain matters relating to school facilities from the SDE to the Department of Construction Services (DCS).

The bill requires school districts to submit required reports on the condition of their school facilities, actions to implement their long-term school building programs, and their implementation of required school indoor air quality and green cleaning programs to the DCS, rather than the education, commissioner. The reports are due every three years by July 1.

It also requires (1) the DCS commissioner, rather than the education commissioner, to file the required triennial school facilities report with the legislature and (2) school districts to advise the DCS commissioner rather than the education commissioner about the relationship between an individual school project and the district's long-term school building program.

Renovation Projects (§ 15)

By law, a school project qualifies for a higher state grant as a renovation if, among other things, it costs less than building a new facility. The bill requires the DCS commissioner, rather than the education commissioner, to make that cost determination. This change also conforms to PA 11-51.

Reimbursement for Interdistrict Projects (§§ 16 & 17)

PA 11-51 reduced the state reimbursement for interdistrict magnet school and agricultural science and technology center (vo-ag) capital projects from 95% to 80% of their eligible costs. The bill makes the same reduction in state reimbursements for vo-ag equipment and regional special education facility projects.

RESPONSIBILITY FOR CHILDCARE PROGRAMS (§ 2)

The bill transfers from the Department of Social Services (DSS) commissioner to the education commissioner authority to (1) contract for, and provide state financial assistance to, towns, human resource development agencies, and nonprofits for child daycare and other childcare programs and (2) establish guidelines for, and oversee, the programs. These changes conform to PA 11-44, which made SDE, rather than DSS, the lead agency for child daycare and all other early childhood programs.

SCHOOL BREAKFAST PILOT PROGRAM (§ 11)

The bill expands eligibility for competitive grants for a pilot program to help schools establish in-classroom school breakfast programs by requiring SDE to use the state, rather than the federal, eligibility standard in awarding grants to up to 10 eligible schools.

This change conforms to PA 11-48, which expanded eligibility for state school breakfast grants by making schools eligible if at least 20%, rather than 40%, of the lunches they serve are served free or for reduced prices. The bill requires SDE to use the same criteria to define the “severe-need” schools eligible for the pilot program.

CONFORMING CHANGES TO REFLECT INCREASE IN SCHOOL DROPOUT AGE (§§ 7 & 8)

By law, as of July 1, 2011, students must remain in school until they either turn age 17 or graduate from high school. To correspond with this change, the bill increases, from 16 to 17, the minimum age at which a student who has left school may (1) receive a state high school diploma or (2) enroll in adult education.

SPECIAL EDUCATION ADVISORY COUNCIL (§ 9)

The bill:

1. expands the membership of the Advisory Council for Special Education by adding a representative from the parent training and information center for Connecticut established under the federal special education law;

2. requires the representatives of the following organizations to be either the organization's director or the director's appointee: (a) Office of Protection and Advocacy for Persons with Disabilities, (b) Commission on Children's Parent Leadership Training Institute, and (c) Bureau of Rehabilitative Services; and

3. requires the person appointed by the Parent Leadership Training Institute to be either (a) a person with a disability or (b) the parent of a child under age 27 with a disability.

The bill does not specify when the new appointment must be made, but by law, unchanged by the act, all appointments must be made by July 1, 2010.

HEAD START ADVISORY COMMITTEE (§ 13)

The bill increases the membership of the Head Start advisory committee from 12 to 14 by adding (1) a second member designated by the Head Start Directors Association, which the bill renames the Head Start Association and (2) the Head Start Collaboration Office director.

It also revises required qualifications for certain members as well as the names of the groups they must represent, as follows.

1. Of the six Head Start program directors it requires two to be either from community action agency program sites or school readiness liaisons, rather than coordinators, and two to be from public school, rather than merely from school, program sites.

2. It requires one member to be designated by the Early Childhood Cabinet rather than the Early Childhood Council.

3. It requires one member to be designated by the Region I Office of Head Start within the federal Department of Health and Human Services' (HHS) Administration of Children and Families instead of by the Office of Human Development Services, Office of Community Programs, Region 1 of HHS.

AFTER-SCHOOL PROGRAM REPORT (§ 10)

The bill delays the deadline for SDE's biennial after-school grant program report to the Education Committee from December 1 to February 15, starting February 15, 2012 rather than December 1, 2011. The report must address performance outcomes for grant recipients, including measurements of the program's effect on student achievement, school attendance, and in-school behavior.

EVEN START FAMILY LITERACY PROGRAM GRANTS (§ 12)

The bill requires SDE, within available appropriations, to administer an Even Start program to provide grants for new or expanded local family literacy programs that provide literacy services for children and their parents. Programs must comply with the requirements of a federal program of the same name that is no longer funded (see BACKGROUND).

OTHER MINOR CHANGES

Magnet School Grants (§§ 5 & 6)

The bill requires SDE to adjust for any overpayment of interdistrict magnet school per–student operating grants in any year in the May 1 payment for the following year. It also makes technical changes and eliminates obsolete language relating to state magnet school capital grants (§ 6).

By law, SDE must pay 70% of the grant by September 1, and the balance on May 1. If a school's actual enrollment is lower than projected or its annual financial audit shows a grant overpayment, SDE must adjust the second payment to reflect that fact. Under the bill, an audit adjustment must be based on the difference between the total grant the school received in the prior year and the revised amount calculated for that year, instead of between the prior year's total, and the current year's preliminary, grant amount.

Updated Minimum Local Financing Requirement for Education (§ 14)

By law, local and regional school boards must implement state laws and the state's educational interests. This includes financing education at a reasonable level at least equal to a statutory minimum. The bill updates this minimum from the minimum expenditure requirement (MER) to the minimum budget requirement (MBR). Towns must meet the minimum as a condition of receiving a state Education Cost Sharing (ECS) grant. The MER is obsolete and was supplanted by the MBR in 2005.

BACKGROUND

Youth Service Bureaus

YSBs are community-based agencies formed by one or more towns and run either by the towns or private agencies under contract to them. They evaluate, plan for, coordinate, and implement youth services, which include prevention and intervention programs for predelinquent, delinquent, pregnant, parenting, and troubled youth. Youths may seek a bureau's services on their own or be referred to one by schools, police, juvenile and adult courts, and parents.

Endowed Academies

Three private schools, Gilbert School, Norwich Free Academy, and Woodstock Academy, serve certain towns as public high schools and are collectively referred to as the “endowed academies.” Under current law and the bill, such a school is eligible for a state school construction grant if (1) it provides school facilities to the towns that designate it as their high school for at least 10 years after the last grant payment and (2) at least half of the members of its governing board, other than its chairman, represent the school boards of the designating towns. The membership requirement applies to whatever board exercises final educational, financial, and legal responsibility for the school.

Federal Even Start Family Literacy Program

The federal program offered grants to support local family literacy projects that integrate early childhood education, adult literacy (adult basic and secondary-level education and instruction for English language learners), parenting education, and interactive parent and child literacy activities for low-income families with parents and their children from birth through age seven. Teen parents and their children from birth through age seven were also eligible. All participating families had to be those most in need of program services.

COMMITTEE ACTION

Education Committee

Joint Favorable Substitute

¹ The estimated FY 13 reimbursement rate for the endowed academies ranges from 62% to 76%.

² West Hartford, Winchester and Vernon are the three municipalities that currently operate this pilot program.