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of  the  general  statutes  is  repealed  and  the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general statutes is  repealed and the following is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