Substitute Senate Bill No. 1121
Substitute Senate Bill No. 1121
PUBLIC ACT NO. 97-247
AN ACT CONCERNING REVISIONS TO THE EDUCATION
STATUTES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (h) of section 10a-105
of the general statutes is repealed and the
following is substituted in lieu thereof:
(h) Said board shall grant remission or waiver
of tuition for graduate assistants at the
university. Notwithstanding the provisions of
section 5-259, or any other provision of the
general statutes limiting eligibility of state
employees for coverage under a plan identified in
section 5-259, graduate assistants at the
university shall be eligible to receive such
coverage provided they are employed for a
sufficient number of hours to equal at least fifty
per cent of full-time as defined by said board.
ASSISTANTSHIP PAYMENTS TO GRADUATE ASSISTANTS
SHALL NOT BE CONSIDERED SALARIES AND WAGES UNDER
THE PROVISIONS OF SECTION 3-119, AND SHALL BE PAID
ACCORDING TO A SCHEDULE PRESCRIBED BY THE
UNIVERSITY AND APPROVED BY THE STATE COMPTROLLER.
Sec. 2. Subsection (d) of section 4b-3 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(d) Notwithstanding any other statute or
special act to the contrary, the Commissioner of
Public Works shall be the sole person authorized
to represent the state in its dealings with third
parties for the acquisition, construction,
development or leasing of real estate for housing
the offices or equipment of all agencies of the
state or for the state-owned public buildings or
realty hereinafter provided for in section 2-90,
sections 4b-1 to 4b-5, inclusive, 4b-21, 4b-23, AS
AMENDED BY SECTION 3 OF THIS ACT, 4b-24, 4b-26,
4b-27, 4b-30 and 4b-32, subsection (c) of section
4b-66, sections 4b-67 to 4b-69, inclusive, 4b-71,
4b-72, 10-95, 10a-72, 10a-89, 10a-90, 10a-114,
10a-130, [10a-140, 10a-141,] 10a-144, 17b-655,
22-64, 22a-324, 26-3, 27-45, 32-1c, 32-39, 48-9,
51-27d and 51-27f, except that the Joint Committee
on Legislative Management may represent the state
in the planning and construction of the
Legislative Office Building and related
facilities, in Hartford; the board of trustees of
a constituent unit of the state system of higher
education may represent the state in the leasing
of real estate for housing the offices or
equipment of such constituent unit provided no
lease payments for such realty are made with funds
generated from the general revenues of the state;
the Labor Commissioner may represent the state in
the leasing of premises required for employment
security operations as provided in subsection (c)
of section 31-250; the Commissioner of Mental
Retardation may represent the state in the leasing
of residential property as part of the program
developed pursuant to subsection (b) of section
17a-218, provided such residential property does
not exceed two thousand five hundred square feet,
for the community placement of persons eligible to
receive residential services from the department
and the Connecticut Marketing Authority may
represent the state in the leasing of land or
markets under the control of the authority, and,
except for the housing of offices or equipment in
connection with the initial acquisition of an
existing state mass transit system or the leasing
of land by said Marketing Authority for a term of
one year or more in which cases the actions of the
Department of Transportation and the Marketing
Authority shall be subject to the review and
approval of the State Properties Review Board.
Said commissioner shall have the power to
establish and implement any procedures necessary
for him to assume his responsibilities as said
sole bargaining agent for state realty
acquisitions and shall perform the duties
necessary to carry out such procedures. He may
appoint, within his budget and subject to the
provisions of chapter 67, such personnel deemed
necessary by him to carry out the provisions
hereof, including experts in real estate,
construction operations, financing, banking,
contracting, architecture and engineering. The
Attorney General's office, at the request of the
commissioner, shall assist the commissioner in
contract negotiations regarding the purchase,
lease or construction of real estate.
Sec. 3. Section 4b-23 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) As used in this section, "facility" means
buildings and real property owned or leased by the
state. The Secretary of the Office of Policy and
Management shall establish guidelines which
further define such term. All agencies and
departments of the state shall notify the
Secretary of the Office of Policy and Management
of their facility needs including, but not limited
to, the types of such facilities and the
municipalities or general location for the
facilities. Each agency and department shall
continue long-range planning for facility needs,
establish a plan for its long-range facility needs
and submit such plan and related facility project
requests to the Secretary of the Office of Policy
and Management, and a copy thereof to the
Commissioner of Public Works, on or before
September first of each even-numbered year. Each
such request shall be accompanied by a capital
development impact statement, as required by
section 4-66b, and a colocation statement, as
required by section 4b-31. Each agency and
department shall base its long-term planning for
facility needs on a program plan. The secretary
shall establish a content guide and schedule for
such plans. Each agency and department shall
prepare its program plan in accordance with such
guide and file it with the secretary pursuant to
such schedule. Facility plans shall include, but
not be limited to: Identification of (1) long-term
and short-term facility needs, (2) opportunities
for the substitution of state-owned space for
leased space, (3) facilities proposed for
demolition or abandonment which have potential for
other uses and (4) space modifications or
relocations that could result in cost or energy
savings. Each agency or department program plan
and facility plan and its facility project
requests shall cover a period of at least five
years. The secretary shall provide agencies and
departments with instructions for preparing
program plans, long-term facility plans and
facility project requests and shall provide
appropriate programmatic planning assistance. The
Commissioner of Public Works shall assist agencies
and departments with long-term facilities planning
and the preparation of cost estimates for such
plans and requests. The Secretary of the Office of
Policy and Management shall review such plans and
prepare an integrated state facility plan which
meets the aggregate facility needs of the state.
The secretary shall review the cost effective
retrofit measures recommended to him by the
Commissioner of Public Works under subsection (b)
of section 16a-38a and include in the plan those
measures which would best attain the energy
performance standards established under
subdivision (1) of subsection (b) of section
16a-38.
(b) On or before December first of each
even-numbered year, the Commissioner of Public
Works shall provide the Secretary of the Office of
Policy and Management with a review of the plans
and requests submitted pursuant to subsection (a)
for consistency with realistic cost factors, space
requirements, space standards, implementation
schedules, priority needs, objectives of the
Commissioner of Public Works in carrying out his
responsibilities under section 4b-30 and the need
for the maintenance, improvement and replacement
of state facilities.
(c) The Secretary of the Office of Policy and
Management shall present a proposed state facility
plan to the Properties Review Board on or before
February fifteenth of each odd-numbered year. Such
plan shall be known as the recommended state
facility plan and shall include all leases and
capital projects and a statement of the degree to
which it promotes the colocation goals addressed
in subsection (e) of section 4b-31. The secretary
shall establish guidelines defining "capital
projects". The Properties Review Board shall
submit its recommendations to the secretary on or
before March first of each odd-numbered year. The
Properties Review Board recommendations shall
address the goals described in subsection (e) of
section 4b-31. The secretary shall present the
recommended state facility plan to the General
Assembly on or before March fifteenth of each
odd-numbered year.
(d) Upon the approval by the General Assembly
of the operating and capital budget
appropriations, the Secretary of the Office of
Policy and Management shall update and modify the
recommended state facility plan, which shall then
be known as the state facility plan. The state
facility plan shall be used as an advisory
document for the leasing of property for use by
state agencies and departments and for related
capital projects.
(e) Implementation of the state facility plan
shall be the responsibility of the Commissioner of
Public Works. He shall conduct a study of each
proposed facility in the plan to determine: (1)
The method of choice for satisfying each such
facility need; (2) the geographical areas best
suited to such need; (3) the feasibility and cost
of such acquisition using a life-cycle cost
analysis as established by subdivision (2) of
subsection (b) of section 16a-38; (4) the degree
to which the plan promotes the goals addressed in
subsection (e) of section 4b-31 and (5) any other
relevant factors. Said commissioner shall review
and approve each facility plan implementation
action and shall submit to the Properties Review
Board a list of each such action approved and the
method and plan by which it shall be accomplished.
Said commissioner shall endeavor to locate human
services agencies in the same buildings as
municipal and private agencies that provide human
services. The results of said commissioner's study
along with all supportive materials shall be
immediately sent to the Properties Review Board.
The board shall meet to review the decision of the
commissioner and may request the commissioner or
any member of his department, and the head of the
requesting agency or any of his employees to
appear for the purpose of supplying pertinent
information. Said board shall call a meeting
within two weeks of the receipt of the
commissioner's decision, and may meet as often as
necessary, to review said decision. The board,
within ninety days after the receipt of the
decision of the Commissioner of Public Works,
shall either accept, reject or request
modification of such decision, except that when
more time is required, the board may have a
ninety-day extension of time, provided the board
shall advise the Commissioner of Public Works in
writing as to the reasons for such extension of
time. If such decision is disapproved by the
board, it shall so inform the commissioner along
with its reasons therefor, and the commissioner
shall inform the head of the requesting agency and
the Secretary of the Office of Policy and
Management that its request has been rejected. If
such decision is approved by the board it shall
inform the commissioner of such approval and the
commissioner shall immediately communicate his
decision to the head or acting head of such
governmental unit and to the Secretary of the
Office of Policy and Management and shall set
forth the procedures to be taken to accomplish the
results of such decision. The decision to make
public such decision shall rest solely with the
commissioner both as to time and manner of
disclosure, but in no event shall such period
exceed one year. The commissioner shall, when he
deems it to be in the public interest, authorize
the disclosure of such information; however, in
the absence of such authorization, any
unauthorized disclosure shall be subject to the
criminal provisions of section 4b-27. All
decisions made by the commissioner under the
provisions of this section shall require review by
the board. Except as otherwise hereinafter
provided, the approval or disapproval of the
Properties Review Board shall be binding on the
commissioner and the requesting agency with regard
to the acquisition of any real estate by lease or
otherwise, notwithstanding any other statute or
special act to the contrary. A majority vote of
the board shall be required to accept or reject a
decision of the commissioner.
(f) Within forty-five days from the date of
the board's decision regarding the request of a
governmental unit, the head or acting head of such
unit shall notify the commissioner (1) that it
accepts his decision, (2) that it rejects his
decision and withdraws its request, or (3) that it
does not approve such decision and requests that
all or part of such decision be modified by the
commissioner. When such modification is requested,
the commissioner shall, within three weeks from
receipt of such request, consider and act upon
such request for modification and submit his
decision to the Properties Review Board. If the
commissioner and the board fail to agree to such
modification in whole or in part, the governmental
unit may, within ten days from the date of
notification of such final decision, accept the
commissioner's final decision, reject such
decision and withdraw its request, or appeal to
the Governor. Upon such appeal, the commissioner
shall submit a report to the Governor stating the
board's conclusions and supporting material
therefor and the governmental agency shall submit
a report to the Governor stating its objections to
such decision and its supporting material
therefor. The Governor shall, within thirty days
of the receipt of such reports, make a decision
which shall be binding on the parties involved. In
the absence of any such appeal or withdrawal of
request, the decision of the commissioner and the
board shall be final and binding upon the
governmental unit.
(g) After final action is taken approving any
request or modification thereof, condemnation
procedures shall continue to be prosecuted in the
same manner as they were on July 1, 1975, by the
agency involved, where such procedures are
applicable and authorized by statute.
(h) Approval by the Properties Review Board
shall not be required prior to State Bond
Commission authorization of funds (1) for planning
costs and other preliminary expenses for any
construction or acquisition project, or (2) for
any construction or acquisition project for which
an architect was selected prior to July 1, 1975.
(i) Any consultant selected by the
commissioner, and any contracts entered into by
the commissioner with any consultants for
employment on any project under the provisions of
this section, shall be subject to the approval of
the Properties Review Board prior to their
employment by the commissioner. The Properties
Review Board shall, within thirty days, approve or
disapprove the selection of or contract with any
consultant made by the Commissioner of Public
Works pursuant to sections 4b-1 and 4b-55 to
4b-59, inclusive. If upon the expiration of the
thirty-day period a decision has not been made,
the Properties Review Board shall be deemed to
have approved such selection or contract.
(j) The Properties Review Board shall, within
thirty days, approve or disapprove the proposed
acquisition by lease of any residential property
by the Commissioner of Mental Retardation pursuant
to subsection (d) of section 4b-3, AS AMENDED BY
SECTION 2 OF THIS ACT. If upon the expiration of
such thirty-day period a decision has not been
made, the Properties Review Board shall be deemed
to have approved such lease.
(k) Any agency or department of state
government requiring additional facilities not
included in the state facility plan may submit a
request to the Secretary of the Office of Policy
and Management outlining the justification for its
request. The agency or department shall also
provide (1) in the case of a request not
previously submitted to the secretary pursuant to
subsection (a) of this section, the reasons why it
was not so submitted, and (2) in the case of a
request so submitted, sufficient new information
to warrant reconsideration. Such request shall
include a statement of the degree to which the
proposed state facility plan promotes the goals
addressed in subsection (e) of section 4b-31. Such
request shall also be accompanied by a capital
development impact statement as required under
section 4-66b. Subsections (b) to (d), inclusive,
of this section shall not apply to the review of
such requests. Any such request for additional
facilities which are determined by the Secretary
of the Office of Policy and Management to be of
emergency nature or the lack of which may
seriously hinder the efficient operation of the
state, may be approved by the Properties Review
Board and the Secretary of the Office of Policy
and Management and shall be known as an approval
made during the interim between state facility
plans. No action may be taken by the state to
lease or construct such additional facilities
unless the secretary makes such a determination.
(l) The Commissioner of Public Works shall
monitor the amount of leased space being requested
and the costs of all proposed and approved
facility project actions and shall advise the
Secretary of the Office of Policy and Management
and the Governor when the space to be leased or
the forecast costs to complete the project exceed
the square footage amount or the cost levels in
the approved state facility plan by ten per cent
or more. Approval of the Secretary of the Office
of Policy and Management, the Properties Review
Board, the State Bond Commission and the Governor
shall be required to continue the project.
(m) (1) Plans to construct, renovate or modify
state-owned or occupied buildings shall provide
for a portion of the total planned floor area of
newly constructed state buildings or buildings
constructed specifically for use by the state to
be served by renewable sources of energy,
including solar, wind, water and biomass sources,
for use in space heating and cooling, domestic hot
water and other applications. For the plan due
December 1, 1979, the portion to be served by
renewable energy sources shall be not less than
five per cent of total planned new floor area. For
each succeeding state facilities plan submitted
after December 1, 1979, the portion of the total
planned floor area of any additional newly
constructed state buildings or buildings
constructed specifically for use by the state to
be served by renewable energy sources shall be
increased by at least five per cent per year until
a goal of fifty per cent of total planned floor
area of any additional newly constructed state
buildings or buildings constructed specifically
for use by the state is reached. For any facility
served by renewable energy sources in accordance
with this subsection, not less than thirty per
cent of the total energy requirements of any
specific energy application, including, but not
limited to, space heating or cooling and providing
domestic hot water, shall be provided by renewable
energy sources. The installation in newly
constructed state buildings or buildings
constructed specifically for use by the state of
systems using renewable energy sources in
accordance with this subsection, shall be subject
to the life-cycle cost analysis provided for in
section 16a-38. (2) The state shall fulfill the
obligations imposed by subdivision (1) of this
section unless such action would cause an undue
economic hardship to the state.
(n) The recommended state facility plan shall
include policies for:
(1) The encouragement of the acquisition,
transfer and utilization of space in suitable
buildings of historic, architectural or cultural
significance, unless use of such space would not
prove feasible and prudent compared with available
alternatives;
(2) The encouragement of the location of
commercial, cultural, educational and recreational
facilities and activities within public buildings;
(3) The provision and maintenance of space,
facilities and activities to the extent
practicable, which encourage public access to and
stimulate public pedestrian traffic around, into
and through public buildings, permitting
cooperative improvements to and uses of the areas
between the building and the street, so that such
activities complement and supplement commercial,
cultural, educational and recreational resources
in the neighborhood of public buildings;
(4) The encouragement of the public use of
public buildings for cultural, educational and
recreational activities;
(5) The encouragement of the ownership or
leasing of modern buildings to replace obsolete
facilities, achieve cost and energy efficiencies,
maximize delivery of services to the public,
preserve existing infrastructure and provide a
comfortable and space-efficient work environment;
and
(6) The encouragement of the establishment of
child day care facilities for the children of
state employees.
(o) Not later than January 1, 1988, the
Commissioner of Public Works shall adopt
regulations, in consultation with the Secretary of
the Office of Policy and Management and the State
Properties Review Board, and in accordance with
the provisions of chapter 54, setting forth the
procedures which the Department of Public Works
and such office and board shall follow in carrying
out their responsibilities concerning state
leasing of offices, space or other facilities.
Such regulations shall specify, for each step in
the leasing process at which an approval is needed
in order to proceed to the next step, what
information shall be required, who shall provide
the information and the criteria for granting the
approval. Notwithstanding any other provision of
the general statutes, such regulations shall
provide that: (1) The Commissioner of Public Works
shall (A) review all lease requests included in,
and scheduled to begin during, the first year of
each approved state-wide facility and capital plan
and (B) provide the Secretary of the Office of
Policy and Management with an estimate of the
gross cost and total square footage need for each
lease, (2) the secretary shall approve a gross
cost and a total square footage for each such
lease and transmit each decision to the requesting
agency, the commissioner and the State Properties
Review Board, (3) the commissioner shall submit to
the secretary, for approval, only negotiated lease
requests which exceed such approved cost, or which
exceed such approved square footage by at least
ten per cent, and (4) the secretary shall approve
or disapprove any such lease request not more than
ten working days after he receives the request. If
the secretary fails to act on the request during
such period, the request shall be deemed to have
been approved and shall be forwarded to the board.
[(p) The Properties Review Board shall, within
thirty days, approve or disapprove the proposed
acquisition by lease of real estate for housing
the offices or equipment of The University of
Connecticut Health Center by the Board of Trustees
of The University of Connecticut pursuant to
subsection (d) of section 4b-3. If upon the
expiration of such thirty-day period a decision
has not been made, the Properties Review Board
shall be deemed to have approved such lease.]
Sec. 4. Subsection (b) of section 4b-38 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(b) The commissioner may also lease any land
or interest therein [which is not subject to
section 10a-140] for the following purposes,
provided the Treasurer has determined that such
action will not affect the status of any
tax-exempt obligations issued or to be issued by
the state of Connecticut:
(1) To enter into leases of space on major
pedestrian access levels and courtyards and
rooftops of any public building with persons,
firms or organizations engaged in commercial,
cultural, educational or recreational activities.
The commissioner shall establish a rental rate for
such leased space equivalent to the prevailing
commercial rate for comparable space devoted to a
similar purpose in the vicinity of the public
building. Such leases may be negotiated without
competitive bids, but shall contain such terms and
conditions and be negotiated pursuant to such
procedures as the commissioner deems necessary to
promote competition and to protect the public
interest;
(2) To make available, on occasion, or to
lease at such rates and on such other terms and
conditions as the commissioner deems to be in the
public interest, auditoriums, meeting rooms,
courtyards, rooftops and lobbies of public
buildings to persons, firms or organizations
engaged in cultural, educational or passive
recreational activities that will not disrupt the
operation of the building.
Sec. 5. Section 10-14n of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Each student enrolled in the fourth grade
in any public school shall annually take a
state-wide mastery examination. For purposes of
this section, a state-wide mastery examination is
defined as an examination which measures whether
or not a student has mastered essential
grade-level skills in reading, language arts and
mathematics. The mastery examination shall be
provided by and administered under the supervision
of the State Board of Education.
(b) Each student enrolled in the sixth grade
and each student enrolled in the eighth grade in
any public school shall annually take a state-wide
mastery examination. Such mastery examination
shall be provided by and administered under the
supervision of the State Board of Education.
(c) Annually [after September 1, 1993,] each
student enrolled in the tenth grade in any public
school or any endowed or incorporated high school
or academy APPROVED BY THE STATE BOARD OF
EDUCATION PURSUANT TO SECTION 10-34 shall take a
state-wide mastery examination. Such mastery
examination shall be provided by and administered
under the supervision of the State Board of
Education. [Not later than January 15, 1991, the
state Department of Education shall (1) develop an
implementation plan for the administration of such
mastery examination and may include in the plan
recommendations for testing additional skills
related to the requirements for high school
graduation pursuant to section 10-221a, (2) review
and make recommendations concerning the scheduling
of mastery examinations and the reporting of
mastery examination results and (3) report such
implementation plan and recommendations to the
joint standing committee of the General Assembly
having cognizance of matters relating to
education.]
(d) [On and after September 1, 1994, if] IF a
student meets or exceeds the state-wide mastery
goal level on each component of the state-wide
tenth grade mastery examination, certification of
such mastery shall be made on the permanent record
and the transcript of each such student. Each
student who fails to meet the mastery goal level
on each component of said mastery examination may
annually take or retake each such component at its
regular administration until such student scores
at or above each such state-wide mastery goal
level or such student graduates or reaches age
twenty-one.
(e) No such public school or [any] endowed or
incorporated high school or academy may require
achievement of a satisfactory score on the
state-wide mastery examination, or any subsequent
retest on a component of such examination as the
sole criterion of promotion or graduation.
Sec. 6. Section 10-15c of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The public schools shall be open to all
children five years of age and over who reach age
five on or before the first day of January of any
school year, and each such child shall have, and
shall be so advised by the appropriate school
authorities, an equal opportunity to participate
in the activities, programs and courses of study
offered in such public schools, at such time as
the child becomes eligible to participate in such
activities, programs and courses of study, without
discrimination on account of race, color, sex,
religion, [or] national origin OR SEXUAL
ORIENTATION; provided boards of education may, by
vote at a meeting duly called, admit to any school
children under five years of age.
(b) NOTHING IN SUBSECTION (a) OF THIS SECTION
SHALL BE DEEMED TO AMEND OTHER PROVISIONS OF THE
GENERAL STATUTES WITH RESPECT TO CURRICULA,
FACILITIES OR EXTRACURRICULAR ACTIVITIES.
Sec. 7. Subsections (a) and (b) of section
10-16n of the general statutes are repealed and
the following is substituted in lieu thereof:
(a) The Commissioner of Education, in
consultation with the Commissioner of Social
Services, shall establish a competitive grant
program to assist nonprofit agencies and local and
regional boards of education, which are federal
Head Start grantees, in (1) establishing
extended-day and full-day, year-round, Head Start
programs or expanding existing Head Start programs
to extended-day or full-day, year-round programs,
(2) enhancing program quality and (3) increasing
the number of children served. The commissioner,
after consultation with the committee established
pursuant to subsection [(b)] (c) of this section,
shall establish criteria for the grants, provided
at least twenty-five per cent of the funding for
such grants shall be for the purpose of enhancing
program quality. Nonprofit agencies or boards of
education seeking grants pursuant to this section
shall make application to the Commissioner of
Education on such forms and at such times as the
commissioner shall prescribe. All grants pursuant
to this section shall be funded within the limits
of available appropriations or otherwise from
federal funds and private donations. At least
seventy-five per cent of the funding pursuant to
this section shall be allocated to Head Start
programs established prior to July 1, 1992. All
full-day, year-round Head Start programs funded
pursuant to this section shall be in compliance
with federal Head Start performance standards.
(b) [For the fiscal years ending June 30,
1996, and June 30, 1997, the] THE Department of
Education shall ANNUALLY allocate to each town in
which the number of children under the aid to
dependent children program, as defined in
subdivision (14) of section 10-262f, equals or
exceeds nine hundred children, determined for the
fiscal year ending June 30, 1996, an amount equal
to one hundred fifty thousand dollars plus eight
and one-half dollars for each child under the aid
to dependent children program, PROVIDED SUCH
AMOUNT MAY BE REDUCED PROPORTIONATELY SO THAT THE
TOTAL AMOUNT AWARDED PURSUANT TO THIS SUBSECTION
DOES NOT EXCEED TWO MILLION SEVEN HUNDRED THOUSAND
DOLLARS. The department shall award grants to the
local and regional boards of education for such
towns and nonprofit agencies located in such towns
which meet the criteria established pursuant to
subsection (a) of this section to [establish
additional Head Start programs or to increase the
number of children served by such programs]
MAINTAIN THE PROGRAMS ESTABLISHED OR EXPANDED WITH
FUNDS PROVIDED PURSUANT TO THIS SUBSECTION IN THE
FISCAL YEARS ENDING JUNE 30, 1996, AND JUNE 30,
1997. Any funds remaining in the allocation to
such a town after grants are so awarded shall be
used to increase allocations to other such towns.
Any funds remaining after grants are so awarded to
boards of education and nonprofit agencies in all
such towns shall be available to local and
regional boards of education and nonprofit
agencies in other towns in the state for grants
for such purposes.
Sec. 8. Section 10-35 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) A board of education which is providing
educational facilities for nonresident high school
students and which desires to discontinue
furnishing such service to nonresident students
shall notify the board of education of the school
district wherein such pupils reside that such
facilities will not be so furnished, such notice
to be given not less than one year prior to the
time when such facilities will cease to be so
furnished, provided the board of education not
maintaining a high school may enter into an
agreement with another board of education to
provide such facilities for a period not exceeding
ten years, in which event the time agreed upon
shall not be changed except by agreement between
the parties.
(b) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (a) OF THIS SECTION, BOARDS OF
EDUCATION WHICH ENTER INTO A COOPERATIVE
ARRANGEMENT PURSUANT TO SECTION 10-158a, AS
AMENDED BY SECTION 15 OF THIS ACT, FOR THE PURPOSE
OF A SCHOOL BUILDING PROJECT FOR SCHOOL
ACCOMMODATIONS FOR STUDENTS RESIDING WITHIN THE
SCHOOL DISTRICTS THAT ARE MEMBERS OF SUCH
COOPERATIVE ARRANGEMENT, MAY ENTER INTO AGREEMENTS
TO PROVIDE SUCH SCHOOL ACCOMMODATIONS FOR A PERIOD
OF NOT LESS THAN TWENTY YEARS.
Sec. 9. Subsection (a) of section 10-39 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(a) Two or more towns may establish a regional
school district in accordance with the provisions
of this part. [and the regulations promulgated
thereunder. The State Board of Education shall
promulgate regulations setting standards to govern
the formation of regional school districts with
respect to the geographical limitations and other
such factors which bear on the achievement of more
efficient administration of a school district and
efficacious education of the pupils therein
without establishing minimum and maximum enrolment
standards.]
Sec. 10. Section 10-43 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The committee shall, at least
semiannually, make progress reports to the
participating towns and the State Board of
Education in such manner as the committee deems
suitable. Upon completion of its study, the
committee shall present a written report of its
findings and recommendations to the State Board of
Education and the town clerk of each participating
town. If the committee finds that establishment of
the proposed regional school district is
inadvisable, its report shall include such
findings and an explanation of the reasons for its
conclusions. If the findings of the committee
support the feasibility and desirability of
establishing a regional school district, its
report shall contain (1) the findings of the
committee with respect to the advisability of
establishing a regional school district, (2) the
towns to be included, (3) the grade levels for
which educational programs are to be provided, (4)
DETAILED EDUCATIONAL AND BUDGET PLANS FOR AT LEAST
A FIVE-YEAR PERIOD INCLUDING PROJECTIONS OF
ENROLMENTS, STAFF NEEDS AND DEPLOYMENT AND A
DESCRIPTION OF ALL PROGRAMS AND SUPPORTIVE
SERVICES PLANNED FOR THE PROPOSED REGIONAL SCHOOL
DISTRICT, (5) the facilities recommended, (6)
estimates of the cost of land and facilities, (7)
a recommendation concerning the capital
contribution of each participating town based on
appraisals or a negotiated valuation of existing
land and facilities owned and used by each town
for public elementary and secondary education
which the committee recommends be acquired for use
by the proposed regional school district, together
with a plan for the transfer of such land and
facilities, (8) a recommendation concerning the
size of the board of education to serve the
proposed regional school district and the
representation of each town thereon, and (9) such
other matters as the committee deems pertinent.
The capital contribution of each participating
town shall be in the same proportion to the total
purchase price or negotiated value of the property
transferred as the number of pupils in average
daily membership of such town as defined in
section 10-261 for the school year preceding that
in which the plan is approved by the State Board
of Education bears to the total number of such
pupils in the participating towns.
(b) If the committee finds: (1) Establishment
of the proposed regional school district is
inadvisable, the State Board of Education shall,
within thirty days of receipt of such report, send
to the committee and the town clerk of each
participating town a statement of its agreement or
disagreement with the committee report and the
reasons therefor. The town clerk shall make
available copies of the report and the statement
and publish notice thereof in a newspaper having
general circulation in the town. Within thirty
days after receipt of the statement of the State
Board of Education, the committee shall present
the report and statement to the legislative body
of each participating town at a public meeting
called for the purpose of acting thereon. The
committee is dissolved upon presentation of its
report to all participating towns; (2)
establishment of a regional school district is
advisable, the State Board of Education shall,
within thirty days of the receipt of such report,
determine whether the [proposed plan meets the
regulations under section 10-39 in effect on the
date the report was received] REPORT CONTAINS THE
INFORMATION DESCRIBED IN SUBSECTION (a) OF THIS
SECTION and shall, accordingly, accept or reject
the recommendations of the committee. [(i)] (A) If
the recommendations are rejected, the State Board
of Education shall advise the committee in writing
of the reason for rejection. The committee may
revise its recommendations and resubmit its report
within thirty days of receipt of notice of the
rejection and shall, in such case, file a copy of
the amended report with the town clerk of each
participating town. If the committee does not
submit an amended plan or if the committee submits
an amended plan which is rejected by the State
Board of Education, the proposed regional school
district shall not be established and the
procedure in subdivision (1) of this subsection
shall apply. [(ii)] (B) If the committee report is
accepted, the State Board of Education shall
certify to the town clerk in each of the
participating towns that the committee
recommendations have been approved and send a copy
of such certification to the committee. The town
clerk shall make available copies of the certified
report and publish notice of the certification and
availability of copies in a newspaper having
general circulation in the town. Within thirty
days after receipt of its copy of the
certification, the committee shall hold a public
meeting in each participating town to present the
certified report. All participating towns shall
hold a referendum on the same day in accordance
with section 10-45. Upon completion of such
referenda as may be held thereunder, the committee
is dissolved.
Sec. 11. Subsection (b) of section 10-63s of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) As herein used in subsection (a) of
section 10-46 and sections 10-63j to 10-63t,
inclusive, AS AMENDED BY THIS ACT, "weighted vote"
means that the voting power on the regional board
shall be distributed among the members in such a
manner that each member shall have a weight
attached to such member's vote, or shall be
entitled to cast a number of votes, equal to the
proportion, within permissible deviant limits
consistent with federal constitutional standards,
that the population of such member's town bears to
the total population of the entire school
district, with members on the board from each town
dividing the weight or the number of votes
accorded to that town equally among them. [The
State Board of Education shall adopt regulations
to implement this manner of weighted vote.]
Sec. 12. Section 17 of public act 95-259 is
repealed and the following is substituted in lieu
thereof:
(a) The State Board of Education, in
consultation with the joint standing committee of
the general assembly having cognizance of matters
relating to education, shall review the provisions
of sections 10-226a to 10-226e, inclusive, of the
general statutes, and all regulations adopted by
the state board pursuant to said sections. The
review shall include, but need not be limited to,
consideration of alternative (1) measures of
concentration of student economic, social and
educational needs and (2) means of educational
improvement or other correction which may not
require mandatory student reassignment. The
commissioner of education shall report, in
accordance with the provisions of section 11-4a of
the general statutes, the state board's findings
and recommendations, if any, to the joint standing
committee of the general assembly having
cognizance of matters relating to education by
[November 15, 1996] FEBRUARY 1, 1998.
(b) Notwithstanding the provisions of sections
10-226c and 10-226d of the general statutes,
during the period from the effective date of [this
act] PUBLIC ACT 95-259 until [July 1, 1997] JULY
1, 1998, the State Board of Education shall take
no ENFORCEMENT action pursuant to sections 10-226a
to 10-226e of the general statutes, and the
regulations adopted pursuant to said sections,
with respect to any school district for which a
plan was not approved pursuant to section 10-226d
of the general statutes, prior to January 1, 1995,
unless a local or regional board of education
requests such action AND PROVIDED THE STATE BOARD
OF EDUCATION MAY GIVE NOTICE TO A LOCAL OR
REGIONAL BOARD OF EDUCATION WHICH HAS A SCHOOL
WHOSE MINORITY STUDENT ENROLMENT IS TWENTY-FIVE
PER CENT OR MORE AT VARIANCE FROM THE AVERAGE
MINORITY STUDENT ENROLMENT OF A SCHOOL OF
COMPARABLE GRADE COMPOSITION IN THE SAME DISTRICT.
Sec. 13. Subsection (a) of section 10-65 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Each local or regional school district
operating a vocational agriculture center approved
by the State Board of Education for program,
educational need, location and area to be served
shall be eligible for the following grants: (1) In
accordance with the provisions of chapter 173, the
net eligible costs, in a lump sum, of
constructing, acquiring, renovating and equipping
approved facilities to be used [exclusively] for
such vocational agriculture center, for the
expansion or improvement of existing facilities or
for the replacement or improvement of equipment
therein, and (2) subject to the provisions of
section 10-65b, in an amount equal to seven
hundred dollars per student for every secondary
school student who was enrolled in such center on
October first of the previous year.
Sec. 14. Subsection (b) of section 10-66dd of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) (1) Subject to the provisions of this
subsection and except as may be waived pursuant to
subsection (d) of section 10-66bb, charter schools
shall be subject to all federal and state laws
governing public schools.
(2) At least one-half of the persons providing
instruction or pupil services in a charter school
shall possess the proper certificate other than
[(1)] (A) a certificate issued pursuant to
subdivision [(3)] (1) of subsection (c) of section
10-145b, or [(2)] (B) a temporary certificate
issued pursuant to subsection (c) of section
10-145f on the day the school begins operation and
the remaining persons shall possess a certificate
issued pursuant to said subdivision [(3)] (1) or
such temporary certificate on such day.
(3) The commissioner may not waive the
provisions of chapters 163c and 169 and sections
10-15c, AS AMENDED BY SECTION 6 OF THIS ACT,
10-153a to 10-153g, inclusive, 10-153i, 10-153j,
10-153m and 10-292.
(4) The state charter school governing council
shall act as a board of education for purposes of
collective bargaining. The school professionals
employed by a local charter school shall be
members of the appropriate bargaining unit for the
local or regional school district in which the
local charter school is located and shall be
subject to the same collective bargaining
agreement as the school professionals employed by
said district. A majority of those employed or to
be employed in the local charter school and a
majority of the members of the governing council
of the local charter school may modify, in
writing, such collective bargaining agreement,
consistent with the terms and conditions of the
approved charter, for purposes of employment in
the charter school.
Sec. 15. Section 10-158a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any two or more boards of education may,
in writing, agree to establish cooperative
arrangements to provide [special] SCHOOL
ACCOMMODATIONS services, programs or activities to
enable such boards to carry out the duties
specified in the general statutes. Such
arrangements may include the establishment of a
committee to supervise such programs, the
membership of the committee to be determined by
the agreement of the cooperating boards. Such
committee shall have the power, in accordance with
the terms of the agreement, to (1) apply for,
receive directly and expend on behalf of the
school districts which have designated the
committee an agent for such purpose any state or
federal grants which may be allocated to school
districts for specified programs, the supervision
of which has been delegated to such committee,
provided such grants are payable before
implementation of any such program OR ARE TO
REIMBURSE THE COMMITTEE PURSUANT TO SUBSECTION (d)
OF THIS SECTION FOR TRANSPORTATION PROVIDED TO A
SCHOOL OPERATED BY A COOPERATIVE ARRANGEMENT; (2)
receive and disburse funds appropriated to the use
of such committee by the cooperating school
districts, the state or the United States, or
given to the committee by individuals or private
corporations; (3) hold title to real or personal
property in trust, OR AS OTHERWISE AGREED TO BY
THE PARTIES, for the appointing boards; (4) employ
personnel; (5) enter into contracts, and (6)
otherwise provide the specified programs, services
and activities. Teachers employed by any such
committee shall be subject to the provisions of
the general statutes applicable to teachers
employed by the board of education of any town or
regional school district. For purposes of this
section, the term "teacher" shall include each
professional employee of a committee below the
rank of superintendent who holds a regular
certificate issued by the State Board of Education
and who is in a position requiring such
certification.
(b) [Any] SUBJECT TO THE PROVISIONS OF
SUBSECTION (c) OF THIS SECTION, ANY board of
education may withdraw from any agreement entered
into under subsection (a) if, at least one year
prior to the date of the proposed withdrawal, it
gives written notice of its intent to do so to
each of the other boards. Upon withdrawal by one
or more boards of education, two or more boards of
education may continue their commitment to the
agreement. If two or more boards of education
continue the arrangement, then such committee
established within the arrangement may continue to
hold title to any real or personal property given
to or purchased by the committee in trust for all
the boards of education which entered the
agreement, unless otherwise provided in the
agreement or by law or by the grantor or donor of
such property. Upon dissolution of the committee,
any property held in trust shall be distributed in
accordance with the agreement, if such
distribution is not contrary to law.
(c) If a cooperative arrangement receives a
grant for a school building project pursuant to
chapter 173, the cooperative arrangement shall use
the building for which the grant was provided for
a period of not less than twenty years after
completion of such project. If the cooperative
arrangement ceases to use the building for the
purpose for which the grant was provided, the
Commissioner of Education shall determine whether
(1) title to the building and any legal interest
in appurtenant land reverts to the state or (2)
the cooperative arrangement reimburses the state
an amount equal to ten per cent of the eligible
school building project costs of the project.
(d) ANY COOPERATIVE ARRANGEMENT ESTABLISHED
PURSUANT TO THIS SECTION, OR ANY LOCAL OR REGIONAL
BOARD OF EDUCATION WHICH IS A MEMBER OF SUCH A
COOPERATIVE ARRANGEMENT WHICH TRANSPORTS STUDENTS
TO A SCHOOL OPERATED BY SUCH COOPERATIVE
ARRANGEMENT SHALL BE REIMBURSED IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 10-266m, AS AMENDED BY
SECTION 18 OF THIS ACT. AT THE END OF EACH SCHOOL
YEAR, ANY SUCH COOPERATIVE ARRANGEMENT OR LOCAL OR
REGIONAL BOARD OF EDUCATION WHICH PROVIDES SUCH
TRANSPORTATION SHALL FILE AN APPLICATION FOR
REIMBURSEMENT ON A FORM PROVIDED BY THE DEPARTMENT
OF EDUCATION.
Sec. 16. Subsection (e) of section 10-233c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Whenever a pupil is suspended pursuant to
the provisions of this section, notice of the
suspension and the conduct for which the pupil was
suspended shall be included on the pupil's
cumulative educational record. Such notice shall
be expunged from the cumulative educational record
by the local or regional board of education if a
pupil [(1)] graduates from high school. [or (2) is
not expelled or suspended again during the
two-year period commencing on the date of his
return to school from the suspension.]
Sec. 17. Subsection (d) of section 10-266j of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) [Each] THE LOCAL OR REGIONAL BOARD OF
EDUCATION FOR EACH receiving district shall
receive, from the amount appropriated for purposes
of this subsection, a grant in an amount equal to
four hundred sixty-eight dollars for each
participating child who attended school in the
district in the fiscal year prior to the year in
which the grant is to be paid. 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.
Sec. 18. Section 10-266m of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A local or regional board of education
providing transportation in accordance with the
provisions of sections 10-54, 10-97, 10-158a, AS
AMENDED BY SECTION 15 OF THIS ACT, 10-273a, 10-277
[, 10-280a] and 10-281 shall be reimbursed for a
percentage of such transportation costs as
follows:
(1) The percentage of pupil transportation
costs reimbursed to a local board of education
shall be determined by (A) ranking each town in
the state in descending order from one to one
hundred sixty-nine according to such town's
adjusted equalized net grand list per capita, as
defined in section 10-261; (B) based upon such
ranking, and notwithstanding the provisions of
section 2-32a, (i) except as otherwise provided in
this subparagraph, a percentage of zero shall be
assigned to towns ranked from one to thirteen and
a percentage of not less than zero nor more than
sixty shall be determined for the towns ranked
from fourteen to one hundred sixty-nine on a
continuous scale, except that any such percentage
shall be increased by twenty percentage points in
accordance with section 10-97, where applicable
and (ii) for the fiscal year ending June 30, 1997,
and for each fiscal year thereafter, a percentage
of zero shall be assigned to towns ranked from one
to seventeen and a percentage of not less than
zero nor more than sixty shall be determined for
the towns ranked from eighteen to one hundred
sixty-nine on a continuous scale.
(2) The percentage of pupil transportation
costs reimbursed to a regional board of education
shall be determined by its ranking. Such ranking
shall be determined by (A) multiplying the total
population, as defined in section 10-261, of each
town in the district by such town's ranking, as
determined in subdivision (1) of this section, (B)
adding together the figures determined under
subparagraph (A) of this subdivision, and (C)
dividing the total computed under subparagraph (B)
of this subdivision by the total population of all
towns in the district. The ranking of each
regional board of education shall be rounded to
the next higher whole number and each such board
shall receive the same reimbursement percentage as
would a town with the same rank, provided such
percentage shall be increased in the case of a
secondary regional school district by an
additional five percentage points and, in the case
of any other regional school district by an
additional ten percentage points.
(3) Notwithstanding the provisions of
subdivisions (1) and (2) of this section, for the
fiscal year ending June 30, 1997, and for each
fiscal year thereafter, no local or regional board
of education shall receive a grant of less than
one thousand dollars.
(b) A COOPERATIVE ARRANGEMENT ESTABLISHED
PURSUANT TO SECTION 10-158a, AS AMENDED BY SECTION
15 OF THIS ACT, WHICH PROVIDES TRANSPORTATION IN
ACCORDANCE WITH SAID SECTION SHALL BE REIMBURSED
FOR A PERCENTAGE OF SUCH TRANSPORTATION COSTS IN
ACCORDANCE WITH ITS RANKING PURSUANT TO THIS
SUBSECTION. THE RANKING SHALL BE DETERMINED BY (1)
MULTIPLYING THE TOTAL POPULATION, AS DEFINED IN
SECTION 10-261, OF EACH TOWN IN THE COOPERATIVE
ARRANGEMENT BY SUCH TOWN'S RANKING AS DETERMINED
PURSUANT TO SUBSECTION (a) OF THIS SECTION, (2)
ADDING SUCH PRODUCTS, AND (3) DIVIDING SUCH SUM BY
THE TOTAL POPULATION OF ALL TOWNS IN THE
COOPERATIVE ARRANGEMENT. THE RANKING OF EACH
COOPERATIVE ARRANGEMENT SHALL BE ROUNDED TO THE
NEXT HIGHER WHOLE NUMBER AND EACH COOPERATIVE
ARRANGEMENT SHALL RECEIVE THE SAME REIMBURSEMENT
PERCENTAGE AS A TOWN WITH THE SAME RANK.
Sec. 19. Subsection (d) of section 10a-77 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) Said board of trustees shall waive the
payment of tuition at any of the regional
community-technical colleges (1) for any dependent
child of a person whom the armed forces of the
United States has declared to be missing in action
or to have been a prisoner of war while serving in
such armed forces after January 1, 1960, which
child has been accepted for admission to such
institution and is a resident of Connecticut at
the time he is accepted for admission to such
institution, (2) for any veteran having served in
time of war, as defined in subsection (a) of
section 27-103, or who served in either a combat
or combat support role in the invasion of Grenada,
October 25, 1983, to December 15, 1983, the
invasion of Panama, December 20, 1989, to January
31, 1990, or the peace-keeping mission in Lebanon,
September 29, 1982, to March 30, 1984, who has
been accepted for admission to such institution
and is a resident of Connecticut at the time he is
accepted for admission to such institution, (3)
for any resident of Connecticut sixty-two years of
age or older, provided, at the end of the regular
registration period, there are enrolled in the
course a sufficient number of students other than
those persons eligible for waivers pursuant to
this subdivision to offer the course in which such
person intends to enroll and there is space
available in such course after accommodating all
such students, (4) for any student attending the
Connecticut State Police Academy who is enrolled
in a law enforcement program at said academy
offered in coordination with a regional
community-technical college which accredits
courses taken in such program, (5) for any active
member of the Connecticut Army or Air National
Guard who (A) is a resident of Connecticut, (B)
has been certified by the adjutant general or his
designee as a member in good standing of the
guard, and (C) is enrolled or accepted for
admission to such institution on a full-time or
part-time basis in an undergraduate
degree-granting program, and (6) for any dependent
child of a police officer, as defined in section
7-294a, or fire fighter, as defined in section
7-323j, killed in the line of duty. If any person
who receives a tuition waiver in accordance with
the provisions of this subsection also receives
educational reimbursement from an employer, such
waiver shall be reduced by the amount of such
educational reimbursement. Veterans described in
subdivision (2) of this subsection and members of
the National Guard described in subdivision (5) of
this subsection shall be given the same status as
students not receiving tuition waivers in
[registration] REGISTERING for courses at regional
community-technical colleges.
Sec. 20. Subsection (d) of section 10a-99 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) Said board shall waive the payment of
tuition fees at the Connecticut State University
system (1) for any dependent child of a person
whom the armed forces of the United States has
declared to be missing in action or to have been a
prisoner of war while serving in such armed forces
after January 1, 1960, which child has been
accepted for admission to such institution and is
a resident of Connecticut at the time he is
accepted for admission to such institution, (2)
for any veteran having served in time of war, as
defined in subsection (a) of section 27-103, or
who served in either a combat or combat support
role in the invasion of Grenada, October 25, 1983,
to December 15, 1983, the invasion of Panama,
December 20, 1989, to January 31, 1990, or the
peace-keeping mission in Lebanon, September 29,
1982, to March 30, 1984, who has been accepted for
admission to such institution and is a resident of
Connecticut at the time he is accepted for
admission to such institution, (3) for any
resident of Connecticut sixty-two years of age or
older who has been accepted for admission to such
institution, provided such person is enrolled in a
degree-granting program or, provided, at the end
of the regular registration period, there are
enrolled in the course a sufficient number of
students other than those persons eligible for
waivers pursuant to this subdivision to offer the
course in which such person intends to enroll and
there is space available in such course after
accommodating all such students, (4) for any
student attending the Connecticut Police Academy
who is enrolled in a law enforcement program at
said academy offered in coordination with the
university which accredits courses taken in such
program, (5) for any active member of the
Connecticut Army or Air National Guard who (A) is
a resident of Connecticut, (B) has been certified
by the adjutant general or his designee as a
member in good standing of the guard, and (C) is
enrolled or accepted for admission to such
institution on a full-time or part-time basis in
an undergraduate degree-granting program, and (6)
for any dependent child of a police officer, as
defined in section 7-294a, or fire fighter, as
defined in section 7-323j, killed in the line of
duty. If any person who receives a tuition waiver
in accordance with the provisions of this
subsection also receives educational reimbursement
from an employer, such waiver shall be reduced by
the amount of such educational reimbursement.
Veterans described in subdivision (2) of this
subsection and members of the National Guard
described in subdivision (5) of this subsection
shall be given the same status as students not
receiving tuition waivers in [registration]
REGISTERING for courses at Connecticut state
universities.
Sec. 21. Subsection (e) of section 10a-105 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Said board of trustees shall waive the
payment of tuition fees at The University of
Connecticut (1) for any dependent child of a
person whom the armed forces of the United States
has declared to be missing in action or to have
been a prisoner of war while serving in such armed
forces after January 1, 1960, which child has been
accepted for admission to The University of
Connecticut and is a resident of Connecticut at
the time he is accepted for admission to such
institution, (2) for any veteran having served in
time of war, as defined in subsection (a) of
section 27-103, or who served in either a combat
or combat support role in the invasion of Grenada,
October 25, 1983, to December 15, 1983, the
invasion of Panama, December 20, 1989, to January
31, 1990, or the peace-keeping mission in Lebanon,
September 29, 1982, to March 30, 1984, who has
been accepted for admission to said institution
and is a resident of Connecticut at the time he is
accepted for admission to said institution, (3)
for any resident of Connecticut sixty-two years of
age or older who has been accepted for admission
to said institution, provided such person is
enrolled in a degree-granting program or,
provided, at the end of the regular registration
period, there are enrolled in the course a
sufficient number of students other than those
persons eligible for waivers pursuant to this
subdivision to offer the course in which such
person intends to enroll and there is space
available in such course after accommodating all
such students, (4) for any active member of the
Connecticut Army or Air National Guard who (A) is
a resident of Connecticut, (B) has been certified
by the adjutant general or his designee as a
member in good standing of the guard, and (C) is
enrolled or accepted for admission to such
institution on a full-time or part-time basis in
an undergraduate degree-granting program, and (5)
for any dependent child of a police officer, as
defined in section 7-294a, or fire fighter, as
defined in section 7-323j, killed in the line of
duty. If any person who receives a tuition waiver
in accordance with the provisions of this
subsection also receives educational reimbursement
from an employer, such waiver shall be reduced by
the amount of such educational reimbursement.
Veterans described in subdivision (2) of this
subsection and members of the National Guard
described in subdivision (4) of this subsection
shall be given the same status as students not
receiving tuition waivers in [registration]
REGISTERING for courses at the University of
Connecticut.
Sec. 22. Section 10a-127 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Board of Trustees of The University of
Connecticut is authorized to establish and
administer a fund, to be known as the Hospital
Fund, for the operation of hospital facilities,
clinics and programs, including, on and after July
1, 1995, the facilities, clinics and programs of
the Uncas-on-Thames Hospital. Revenues received
from and in connection with such operations,
including moneys received from federal, state,
municipal and private sources, shall be deposited
in the State Treasury to the credit of said fund.
The resources of the fund are to be used to pay
the direct expenses of operation and maintenance
of such facilities and programs and to purchase
equipment or otherwise improve facilities. Such
payments shall be made by the State Treasurer on
warrants issued by the State Comptroller, upon the
order of authorized officers of the university. To
provide working capital for the fund, moneys may
be transferred from The University of Connecticut
Health Center Operating Fund established under the
provisions of section 10a-105, AS AMENDED BY
SECTION 21 OF THIS ACT, and not more than five
hundred thousand dollars may be transferred from
the resources of the General Fund upon the
recommendation of the Governor and the approval of
the Finance Advisory Committee.
(b) For the period beginning on July 1, 1989,
and ending on June 30, 1995, the Board of Trustees
of The University of Connecticut is authorized to
establish and administer a fund, to be known as
the Uncas-on-Thames Hospital Fund, for the
operation of the Uncas-on-Thames Hospital
facilities, clinics and programs. All balance
sheet accounts, including assets, liabilities and
fund balance, of the Uncas-on-Thames Hospital Fund
on June 30, 1995, shall be transferred to the
Hospital Fund on July 1, 1995, for the operation
of the Uncas-on-Thames Hospital facilities,
clinics and programs. Revenues received on and
after July 1, 1995, from and in connection with
such balance sheet accounts, including moneys
received from federal, state, municipal and
private sources, shall be deposited in the state
Treasury to the credit of the Hospital Fund for
purposes of maintaining operations at the
Uncas-on-Thames campus. The sum of four hundred
thousand dollars of the Uncas-on-Thames Hospital
Fund balance shall be reserved within the Hospital
Fund for renovations in conjunction with the
possible replacement of equipment at the
Uncas-on-Thames Phelps Clinic. If a sum of less
than four hundred thousand dollars is required for
such renovations, the difference between the
amount required for such renovations and four
hundred thousand dollars shall be transferred to
the General Fund at such time as such renovations
have been completed, or a determination has been
made that no renovations are necessary.
(c) For the period beginning on July 1, 1989,
and ending on June 30, 1995, any revenue received
by the state which is attributable to services
provided by Uncas-on-Thames Hospital on and after
July 1, 1989, and prior to July 1, 1995, shall be
credited to the Uncas-on-Thames Hospital Fund.
[(d) The University of Connecticut and the
Office of Policy and Management shall jointly
evaluate the operation of the Uncas-on-Thames
Hospital Fund and shall submit recommendations
concerning the continuation of the fund to the
joint standing committees of the General Assembly
having cognizance of matters relating to
education, public health and appropriations and
the budgets of state agencies not later than
January 4, 1995.]
Sec. 23. The Commissioner of Education shall
report, within available appropriations and 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 state-wide mastery
examination pursuant to subsection (c) of section
10-14n of the general statutes, as amended by
section 6 of this act, by January 1, 1998. The
report shall include an evaluation of the impact
of the certification of mastery for the state-wide
tenth grade mastery examination on employment
opportunities for high school graduates,
information on the number of students who opt to
retake such examination and a recommendation on
the advisability of continuing such certification
of mastery.
Sec. 24. Section 10a-88 of the general
statutes is repealed and the following is
substituted in lieu thereof:
There shall continue to be a Board of Trustees
for the Connecticut State University System to
consist of [sixteen] EIGHTEEN members, fourteen to
be appointed by the Governor, who shall reflect
the state's geographic, racial and ethnic
diversity; two of whom shall be state college or
Connecticut State University system alumni; and
[two to be elected by the students enrolled at the
institutions under the jurisdiction of said board]
FOUR STUDENTS, ONE FROM EACH STATE UNIVERSITY
ELECTED BY THE STUDENTS ENROLLED AT SUCH STATE
UNIVERSITY. On or before July 1, 1983, the
Governor shall appoint members to the board as
follows: Five members, one of whom shall be a
state college or Connecticut State University
system alumnus, for a term of two years from said
date; five members, one of whom shall be a state
college or Connecticut State University system
alumnus, for a term of four years from said date,
and four members for a term of six years from said
date. Thereafter the Governor shall appoint
members of said board to succeed those appointees
whose terms expire, such members to serve for
terms of six years each from July first in the
year of their appointment, provided two of the
members appointed for terms commencing July 1,
1995, and their successors shall be state college
or Connecticut State University system alumni, one
of the members appointed for a term commencing
July 1, 1997, and his successors shall be such
alumni and two of the members appointed for terms
commencing July 1, 1999, and their successors
shall be such alumni. On and after July 1, 1999,
the board shall at all times include at least one
member from each county in which a state
university is located. (1) On or before November
1, 1975, the students enrolled at the institutions
under the jurisdiction of [said] THE board shall,
in such manner as [said] THE board [shall
determine] DETERMINES, elect two members of [said]
THE board, each of whom shall be enrolled as a
full-time student at an institution under the
jurisdiction of [said] THE board at the time of
his election. One such member shall be elected for
a term of one year from November 1, 1975, and one
for a term of two years from said date. On or
before [November first, annually thereafter]
NOVEMBER 1, 1976, UNTIL JULY 1, 1997, such
students shall, in such manner as the board [shall
determine] DETERMINES, elect one member of [said]
THE board, who shall be so enrolled at any such
institution at the time of his election and who
shall serve for a term of two years from November
first in the year of his election, EXCEPT THAT THE
TERM OF THE MEMBER DUE TO EXPIRE ON OCTOBER 31,
1998, SHALL EXPIRE ON OCTOBER 31, 1997. (2) ON AND
AFTER JULY 1, 1997, THE STUDENT MEMBERS OF THE
BOARD SHALL BE ELECTED AS FOLLOWS: (A) (i) ON OR
BEFORE NOVEMBER 1, 1997, THE STUDENTS ENROLLED AT
CENTRAL CONNECTICUT STATE UNIVERSITY SHALL, IN
SUCH MANNER AS THE BOARD DETERMINES, ELECT ONE
MEMBER OF THE BOARD WHO SHALL BE A FULL-TIME
STUDENT AT SUCH STATE UNIVERSITY AT THE TIME OF
HIS ELECTION AND WHO SHALL SERVE FOR A TERM OF ONE
YEAR FROM SAID NOVEMBER FIRST AND (ii) ON OR
BEFORE NOVEMBER 1, 1998, AND BIENNIALLY
THEREAFTER, THE STUDENTS ENROLLED AT CENTRAL
CONNECTICUT STATE UNIVERSITY SHALL, IN SUCH MANNER
AS THE BOARD DETERMINES, ELECT ONE MEMBER OF THE
BOARD WHO SHALL BE A FULL-TIME STUDENT AT SUCH
STATE UNIVERSITY AT THE TIME OF HIS ELECTION AND
WHO SHALL SERVE FOR A TERM OF TWO YEARS FROM
NOVEMBER FIRST IN THE YEAR OF HIS ELECTION; (B)
(i) ON OR BEFORE NOVEMBER 1, 1997, THE STUDENTS
ENROLLED AT EASTERN CONNECTICUT STATE UNIVERSITY
SHALL, IN SUCH MANNER AS THE BOARD DETERMINES,
ELECT ONE MEMBER OF THE BOARD WHO SHALL BE A
FULL-TIME STUDENT AT SUCH STATE UNIVERSITY AT THE
TIME OF HIS ELECTION AND WHO SHALL SERVE FOR A
TERM OF ONE YEAR FROM SAID NOVEMBER FIRST AND (ii)
ON OR BEFORE NOVEMBER 1, 1998, AND BIENNIALLY
THEREAFTER, THE STUDENTS ENROLLED AT EASTERN
CONNECTICUT STATE UNIVERSITY SHALL, IN SUCH MANNER
AS THE BOARD DETERMINES, ELECT ONE MEMBER OF THE
BOARD WHO SHALL BE A FULL-TIME STUDENT AT THE TIME
OF HIS ELECTION AND WHO SHALL SERVE FOR A TERM OF
TWO YEARS FROM THE NOVEMBER FIRST IN THE YEAR OF
HIS ELECTION; (C) ON OR BEFORE NOVEMBER 1, 1997,
AND BIENNIALLY THEREAFTER, THE STUDENTS ENROLLED
AT SOUTHERN CONNECTICUT STATE UNIVERSITY SHALL, IN
SUCH MANNER AS THE BOARD DETERMINES, ELECT ONE
MEMBER OF THE BOARD WHO SHALL BE A FULL-TIME
STUDENT AT SUCH UNIVERSITY AT THE TIME OF HIS
ELECTION AND WHO SHALL SERVE FOR A TERM OF TWO
YEARS FROM THE NOVEMBER FIRST IN THE YEAR OF HIS
ELECTION; AND (D) ON OR BEFORE NOVEMBER 1, 1997,
AND BIENNIALLY THEREAFTER, THE STUDENTS AT WESTERN
CONNECTICUT STATE UNIVERSITY SHALL, IN SUCH MANNER
AS THE BOARD DETERMINES, ELECT ONE MEMBER OF THE
BOARD WHO SHALL BE A FULL-TIME STUDENT AT SUCH
STATE UNIVERSITY AT THE TIME OF HIS ELECTION AND
WHO SHALL SERVE FOR A TERM OF TWO YEARS FROM THE
NOVEMBER FIRST IN THE YEAR OF HIS ELECTION. The
Governor shall, pursuant to section 4-9a, appoint
the chairperson of the board. The board shall,
biennially, elect from its members such other
officers as it deems necessary. The Governor shall
fill any vacancy in the appointed membership of
the board by appointment for the balance of the
unexpired term. Any vacancies in the elected
membership of said board shall be filled by
special election for the balance of the unexpired
term. The members of said board shall receive no
compensation for their services as such but shall
be reimbursed for their necessary expenses in the
course of their duties.
Sec. 25. Subsection (c) of section 10-151 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The contract of employment of a teacher
who has not attained tenure may be terminated at
any time for any of the reasons enumerated in
subdivisions (1) to (6), inclusive, of subsection
(d) of this section; otherwise the contract of
such teacher shall be continued into the next
school year unless such teacher receives written
notice by April first in one school year that such
contract will not be renewed for the following
year. Upon the teacher's written request, a notice
of nonrenewal or termination shall be supplemented
within seven days after receipt of the request by
a statement of the reason or reasons for such
nonrenewal or termination. Such teacher, upon
written request filed with the board of education
within twenty days after the receipt of notice of
termination, OR NONRENEWAL shall be entitled to a
hearing, EXCEPT AS PROVIDED IN THIS SUBSECTION,
(A) before the board, (B) if indicated in such
request and if designated by the board, before an
impartial hearing panel established and conducted
in accordance with the provisions of subsection
(d) of this section, or (C) if the parties
mutually agree before a single impartial hearing
officer chosen by the teacher and the
superintendent in accordance with the provisions
of subsection (d) of this section. Such hearing
shall commence within fifteen days after receipt
of such request unless the parties mutually agree
to an extension not to exceed fifteen days. The
impartial hearing panel or officer or a
subcommittee of the board of education, if the
board of education designates a subcommittee of
three or more board members to conduct hearings,
shall submit written findings and recommendations
to the board for final disposition. The teacher
shall have the right to appear with counsel of the
teacher's choice at the hearing. A TEACHER WHO HAS
NOT ATTAINED TENURE SHALL NOT BE ENTITLED TO A
HEARING CONCERNING NONRENEWAL IF THE REASON FOR
SUCH NONRENEWAL IS EITHER ELIMINATION OF POSITION
OR LOSS OF POSITION TO ANOTHER TEACHER. THE BOARD
OF EDUCATION SHALL RESCIND A NONRENEWAL DECISION
ONLY IF THE BOARD FINDS SUCH DECISION TO BE
ARBITRARY AND CAPRICIOUS. Any such teacher whose
contract is terminated for the reasons enumerated
in subdivisions (3) and (4) of subsection (d) of
this section shall have the right to appeal in
accordance with the provisions of subsection (f)
of this section.
Sec. 26. Sections 10-153p to 10-153r,
inclusive, 10a-140 and 10a-141 of the general
statutes are repealed.
Sec. 27. This act shall take effect July 1,
1997.
Approved June 27, 1997