General Assembly Substitute Bill No. 6498 January Session, 2011 *_____HB06498APP___051111____* General Assembly Substitute Bill No. 6498 January Session, 2011 *_____HB06498APP___051111____* AN ACT CONCERNING IMPLEMENTATION DATES FOR SECONDARY SCHOOL REFORM. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsections (b) to (d), inclusive, of section 10-221a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage): (b) For classes graduating from 2004 to [2017] 2019, inclusive, no local or regional board of education shall permit any student to graduate from high school or grant a diploma to any student who has not satisfactorily completed a minimum of twenty credits, not fewer than four of which shall be in English, not fewer than three in mathematics, not fewer than three in social studies, including at least a one-half credit course on civics and American government, not fewer than two in science, not fewer than one in the arts or vocational education and not fewer than one in physical education. (c) Commencing with classes graduating in [2018] 2020, and for each graduating class thereafter, no local or regional board of education shall permit any student to graduate from high school or grant a diploma to any student who has not satisfactorily completed (1) a minimum of twenty-five credits, including not fewer than: (A) Nine credits in the humanities, including not fewer than (i) four credits in English, including composition; (ii) three credits in social studies, including at least one credit in American history and at least one-half credit in civics and American government; (iii) one credit in fine arts; and (iv) one credit in a humanities elective; (B) eight credits in science, technology, engineering and mathematics, including not fewer than (i) four credits in mathematics, including algebra I, geometry and algebra II or probability and statistics; (ii) three credits in science, including at least one credit in life science and at least one credit in physical science; and (iii) one credit in a science, technology, engineering and mathematics elective; (C) three and one-half credits in career and life skills, including not fewer than (i) one credit in physical education; (ii) one-half credit in health and safety education, as described in section 10-16b; and (iii) two credits in career and life skills electives, such as career and technical education, English as a second language, community service, personal finance, public speaking and nutrition and physical activity; (D) two credits in world languages, subject to the provisions of subsection (g) of this section; and (E) a one credit senior demonstration project or its equivalent, as approved by the State Board of Education; and (2) end of the school year examinations for the following courses: (A) Algebra I, (B) geometry, (C) biology, (D) American history, and (E) grade ten English. (d) Commencing with classes graduating in [2018] 2020, and for each graduating class thereafter, local and regional boards of education shall provide adequate student support and remedial services for students beginning in grade seven. Such student support and remedial services shall provide alternate means for a student to complete any of the high school graduation requirements or end of the school year examinations described in subsection (c) of this section, if such student is unable to satisfactorily complete any of the required courses or exams. Such student support and remedial services shall include, but not be limited to, (1) allowing students to retake courses in summer school or through an on-line course; (2) allowing students to enroll in a class offered at a constituent unit of the state system of higher education, as defined in section 10a-1, pursuant to subdivision (4) of subsection (g) of this section; (3) allowing students who received a failing score, as determined by the Commissioner of Education, on an end of the school year exam to take an alternate form of the exam; and (4) allowing those students whose individualized education plans state that such students are eligible for an alternate assessment to demonstrate competency on any of the five core courses through success on such alternate assessment. Sec. 2. Subsection (j) of section 10-221a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (j) For the school year commencing July 1, [2012] 2014, and each school year thereafter, a local or regional board of education shall collect information for each student enrolled in a public school, beginning in grade six, that records students' career and academic choices in grades six to twelve, inclusive. Sec. 3. Section 18 of public act 10-111 is repealed and the following is substituted in lieu thereof (Effective from passage): (a) For the fiscal years ending June 30, [2013] 2015, to June 30, [2018] 2020, inclusive, the Department of Education shall, within available appropriations, provide grants to local and regional school districts to begin implementation of the provisions of subsections (c) and (d) of section 10-221a of the general statutes, as amended by this act. (b) On or before November 1, [2012] 2014, and biennially thereafter, each local or regional board of education seeking grant assistance from the department pursuant to subsection (a) of this section shall report to the department on the status of the school district's implementation of the provisions of subsections (c) and (d) of section 10-221a of the general statutes, as amended by this act, and an explanation for the reasons why funds are necessary for the next biennium to implement the provisions of subsections (c) and (d) of said section 10-221a. (c) On or before February 1, [2013] 2015, and biennially thereafter, the department shall report, in accordance with the provisions of 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 status of implementation of the provisions of subsections (c) and (d) of section 10-221a of the general statutes, as amended by this act, by local and regional boards of education in the state. Such report shall include, (1) an explanation of any existing state and federal funds currently available to assist in such implementation, (2) recommendations regarding the appropriation of additional state funds to support local and regional boards of education in the implementation of subsections (c) and (d) of said section 10-221a, and (3) recommendations for any statutory changes that would facilitate implementation of subsections (c) and (d) of said section 10-221a by local and regional boards of education. Sec. 4. Section 10-5e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): On and after July 1, [2012] 2014, the Department of Education shall commence development or approval of the end of the school year examinations to be administered pursuant to subdivision (2) of subsection (c) of section 10-221a, as amended by this act. Such examinations shall be developed or approved on or before July 1, [2014] 2016. Sec. 5. Subsection (g) of section 10-223e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (g) (1) (A) On and after July 1, 2010, the local or regional board of education for a school that has been identified as in need of improvement pursuant to subsection (a) of this section may establish a school governance council for each school so identified. (B) On and after July 1, 2010, the local or regional board of education for a school that has been designated as a low achieving school, pursuant to subdivision (1) of subsection (c) of this section, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level shall establish a school governance council for each school so designated. (2) (A) The school governance council for high schools shall consist of (i) seven members who shall be parents or guardians of students attending the school, (ii) two members who shall be community leaders within the school district, (iii) five members who shall be teachers at the school, (iv) one nonvoting member who is the principal of the school, or his or her designee, and (v) two nonvoting student members who shall be students at the school. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school. The nonvoting student members shall be elected by the student body of the school. (B) The school governance council for elementary and middle schools shall consist of (i) seven members who shall be parents or guardians of students attending the school, (ii) two members who shall be community leaders within the school district, (iii) five members who shall be teachers at the school, and (iv) one nonvoting member who is the principal of the school, or his or her designee. The parent or guardian members shall be elected by the parents or guardians of students attending the school, provided, for purposes of the election, each household with a student attending the school shall have one vote. The community leader members shall be elected by the parent or guardian members and teacher members of the school governance council. The teacher members shall be elected by the teachers of the school. (C) Terms of voting members elected pursuant to this subdivision shall be for two years and no members shall serve more than two terms on the council. The nonvoting student members shall serve one year and no student member shall serve more than two terms on the council. (D) (i) Schools that have been designated as a low achieving school pursuant to subdivision (1) of subsection (c) of this section due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, and are among the lowest five per cent of schools in the state based on achievement shall establish a school governance council for the school not later than January 15, 2011. (ii) Schools that have been designated as a low achieving school, pursuant to subdivision (1) of subsection (c) of this section, due to such school failing to make adequate yearly progress in mathematics and reading at the whole school level prior to July 1, 2010, but are not among the lowest five per cent of schools in the state based on achievement, shall establish a school governance council for the school not later than November 1, 2011. (3) The school governance council shall have the following responsibilities: (A) Analyzing school achievement data and school needs relative to the improvement plan for the school prepared pursuant to this section; (B) reviewing the fiscal objectives of the draft budget for the school and providing advice to the principal of the school before such school's budget is submitted to the superintendent of schools for the district; (C) participating in the hiring process of the school principal or other administrators of the school by conducting interviews of candidates and reporting on such interviews to the superintendent of schools for the school district and the local and regional board of education; (D) assisting the principal of the school in making programmatic and operational changes for improving the school's achievement, including program changes, adjusting school hours and days of operation, and enrollment goals for the school; (E) working with the school administration to develop and approve a school compact for parents, legal guardians and students that includes an outline of the criteria and responsibilities for enrollment and school membership consistent with the school's goals and academic focus, and the ways that parents and school personnel can build a partnership to improve student learning; (F) developing and approving a written parent involvement policy that outlines the role of parents and legal guardians in the school; (G) utilizing records relating to information about parents and guardians of students maintained by the local or regional board of education for the sole purpose of the election described in subdivision (2) of this subsection. Such information shall be confidential and shall only be disclosed as provided in this subparagraph and shall not be further disclosed; and (H) if the council determines it necessary and subject to the provisions of subdivision [(9)] (8) of this subsection recommending reconstitution of the school in accordance with the provisions of subdivision (6) of this subsection. (4) The school governance council may: (A) In those schools that require an improvement plan, review the annual draft report detailing the goals set forth in the state accountability plan prepared in accordance with subsection (a) of this section and provide advice to the principal of the school prior to submission of the report to the superintendent of schools; (B) in those schools where an improvement plan becomes required pursuant to subsection (a) of this section, assist the principal of the school in developing such plan prior to its submission to the superintendent of schools; (C) work with the principal of the school to develop, conduct and report the results of an annual survey of parents, guardians and teachers on issues related to the school climate and conditions; and (D) provide advice on any other major policy matters affecting the school to the principal of the school, except on any matters relating to provisions of any collective bargaining agreement between the exclusive bargaining unit for teachers pursuant to section 10-153b and local or regional boards of education. (5) The local or regional board of education shall provide appropriate training and instruction to members of the school governance council to aid them in the execution of their duties. (6) (A) The school governance council may, by an affirmative vote of the council, recommend the reconstitution of the school into one of the following models: (i) The turnaround model, as described in the Federal Register of December 10, 2009; (ii) the restart model, as described in the Federal Register of December 10, 2009; (iii) the transformation model, as described in the Federal Register of December 10, 2009; (iv) any other model that may be developed by federal law; (v) a CommPACT school, pursuant to section 10-74g; or (vi) an innovation school, pursuant to section 10-74h. Not later than ten days after the school governance council informs the local or regional board of education of its recommendation for the school, such board shall hold a public hearing to discuss such vote of the school governance council and shall, at the next regularly scheduled meeting of such board or ten days after such public hearing, whichever is later, conduct a vote to accept the model recommended by the school governance council, select an alternative model described in this subdivision or maintain the current school status. If the board selects an alternative model, the board shall meet with such school governance council to discuss an agreement on which alternative to adopt not later than ten days after such vote of the board. If no such agreement can be achieved, not later than forty-five days after the last such meeting between the board and the school governance council, the Commissioner of Education shall decide which of the alternatives to implement. If the board votes to maintain the current school status, not later than forty-five days after such vote of the board, the Commissioner of Education shall decide whether to implement the model recommended by the school governance council or to maintain the current school status. If the final decision pursuant to this subdivision is adoption of a model, the local or regional board of education shall implement such model during the subsequent school year in conformance with the general statutes and applicable regulations, and the provisions specified in federal regulations and guidelines for schools subject to restructuring pursuant to Section 1116(b)(8) of the No Child Left Behind Act, P.L. 107-110 or any other applicable federal laws or regulations. (B) Any school governance council for a school may recommend reconstitution, pursuant to subparagraph (H) of subdivision (3) of this subsection, during the third year after such school governance council was established if the school for such governance council has not reconstituted as a result of receiving a school improvement grant pursuant to Section 1003(g) of Title I of the Elementary and Secondary Education Act, 20 USC 6301 et seq., or such reconstitution was initiated by a source other than the school governance council. (7) A school governance council shall be considered a component of parental involvement for purposes of federal funding pursuant to Section 1118 of the No Child Left Behind Act, P.L. 107-110. [(8) The Commissioner of Education shall evaluate the school governance councils established on or before January 15, 2011, based on the criteria described in subsection (a) of section 10-4s. On or before October 1, 2014, the commissioner shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the evaluation conducted pursuant to this subdivision. Such report shall also include recommendations whether to continue to allow school governance councils to recommend reconstitution pursuant to this subsection.] [(9)] (8) The [department] Department of Education shall allow not more than twenty-five schools per school year to reconstitute pursuant to this subsection. The department shall notify school districts and school governance councils when this limit has been reached. For purposes of this subdivision, a reconstitution shall be counted towards this limit upon receipt by the department of notification of a final decision regarding reconstitution by the local or regional board of education. Sec. 6. Section 10-4s of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) [The Department of Education shall monitor, within available appropriations, those schools that have reconstituted pursuant to subsection (g) of section 10-223e to determine whether such schools have demonstrated progress with regard to the following indicators: (1) The reconstitution model adopted by the school; (2) the length of the school day and school year; (3) the number and type of disciplinary incidents; (4) the number of truants; (5) the dropout rate; (6) the student attendance rate; (7) the average scale scores on the state-wide mastery examination pursuant to section 10-14n; (8) for high schools, the number and percentage of students completing advanced placement coursework; (9) the teacher attendance rate; and (10) the existence and size of the parent-teacher organization for the school. Such monitoring shall be conducted over the two-year period following such reconstitution.] On or before December 1, 2011, and biennially thereafter, the Department of Education shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the number of school governance councils established pursuant to subsection (g) of section 10-223e, as amended by this act. (b) [On or before January 1, 2012, the department shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on (1) the number of school governance councils established pursuant to subsection (g) of section 10-223e, and (2) the number of schools that have been reconstituted and the models, as described in said subsection (g), that have been adopted as part of such reconstitution.] On or before December 1, 2013, and biennially thereafter, the department shall include in the report described in subsection (a) of this section an evaluation of the establishment and effectiveness of the school governance councils established pursuant to subsection (g) of section 10-223e, as amended by this act. (c) [On or before January 1, 2013, the department shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on (1) the monitoring conducted pursuant to subsection (a) of this section, (2) recommendations relating to changes in the reconstitution options available to schools, including whether school governance councils may continue to recommend reconstitution pursuant to subsection (g) of section 10-223e, (3) comparison of the models adopted, and (4) the level of progress of schools adopting each model in relation to the indicators described in subsection (a) of this section.] On or before December 1, 2015, and biennially thereafter, the department shall include in the report described in subsection (a) of this section: (1) The number of school governance councils that have recommended reconstitution pursuant to subsection (g) of section 10-223e, as amended by this act; (2) the number of such school governance councils that have initiated reconstitution pursuant to said subsection (g) of section 10-223e, and the reconstitution models adopted; and (3) recommendations whether to continue to allow school governance councils to recommend reconstitution pursuant to said subsection (g) of section 10-223e. (d) On or before December 1, 2017, and biennially thereafter, the department shall include in the report described in subsection (a) of this section an evaluation of those schools that have reconstituted pursuant to subsection (g) of section 10-223e, as amended by this act. Such evaluation shall determine whether such schools have demonstrated progress with regard to the following indicators: (1) The reconstitution model adopted by the school; (2) the length of the school day and school year; (3) the number and type of disciplinary incidents; (4) the number of truants; (5) the dropout rate; (6) the student attendance rate; (7) the average scale scores on the state-wide mastery examination pursuant to section 10-14n; (8) for high schools, the number and percentage of students completing advanced placement coursework; (9) the teacher attendance rate; and (10) the existence and size of the parent-teacher organization for the school. Sec. 7. Subsection (a) of section 10-221r of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) For the school year commencing July 1, 2011, and each school year thereafter, each local and regional board of education shall provide an advanced placement course program. For purposes of this section, "advanced placement course program" means a program that provides [courses] college or university-level instruction as part of a course for which credit is earned at the high school level, such as courses for which an advanced placement examination is available through the College Board, a diploma program offered by the International Baccalaureate, or courses offered through an articulation agreement between the local or regional board of education and the constituent units of higher education, as defined in section 10a-1, or the board of governors for an independent college or university, as defined in section 10a-37. Sec. 8. Subsection (a) of section 10-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) The superintendent of each local or regional board of education shall continuously evaluate or cause to be evaluated each teacher, in accordance with guidelines established by the State Board of Education, pursuant to subsection (c) of this section, [for the development of evaluation programs] and such other guidelines as may be established by mutual agreement between the local or regional board of education and the teachers' representative chosen pursuant to section 10-153b. [, continuously evaluate or cause to be evaluated each teacher.] An evaluation pursuant to this subsection shall include, but need not be limited to, strengths, areas needing improvement, strategies for improvement and multiple indicators of student academic growth. Claims of failure to follow the established procedures of such evaluation programs shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004. The superintendent shall report the status of teacher evaluations to the local or regional board of education on or before June first of each year. For purposes of this section, the term "teacher" shall include each professional employee of a board of education, below the rank of superintendent, who holds a certificate or permit issued by the State Board of Education. Sec. 9. (Effective from passage) (a) There is established a task force to examine issues relating to the changes to the high school graduation requirements pursuant to subsection (c) of section 10-221a of the general statutes, as amended by this act, including, but not limited to, special programming needs, requirement waivers and the appropriate subject areas for courses pursuant to said subsection (c) of section 10-221a. (b) The task force shall consist of the following members: (1) The Commissioner of Education, or the commissioner's designee, (2) one representative from each of the following associations, designated by the association, the Connecticut Association of Boards of Education, the Connecticut Association of Public School Superintendents, Connecticut Federation of School Administrators, the Connecticut Education Association and the American Federation of Teachers-Connecticut, and (3) persons selected by the Commissioner of Education, including, but not limited to, teachers and any other person the commissioner deems appropriate. (c) All appointments to the task force shall be made no later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority. (d) The representative from the Connecticut Association of Public School Superintendents shall serve as the chairperson of the task force. Such chairperson shall schedule the first meeting of the task force, which shall be held no later than sixty days after the effective date of this section. (e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to education shall serve as administrative staff of the task force. (f) Not later than January 1, 2013, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2013, whichever is later. Sec. 10. Section 10-4t of the general statutes is repealed. (Effective from passage) This act shall take effect as follows and shall amend the following sections: Section 1 from passage 10-221a(b) to (d) Sec. 2 from passage 10-221a(j) Sec. 3 from passage PA 10-111, Sec. 18 Sec. 4 from passage 10-5e Sec. 5 from passage 10-223e(g) Sec. 6 from passage 10-4s Sec. 7 from passage 10-221r(a) Sec. 8 from passage 10-151b(a) Sec. 9 from passage New section Sec. 10 from passage Repealer section This act shall take effect as follows and shall amend the following sections: Section 1 from passage 10-221a(b) to (d) Sec. 2 from passage 10-221a(j) Sec. 3 from passage PA 10-111, Sec. 18 Sec. 4 from passage 10-5e Sec. 5 from passage 10-223e(g) Sec. 6 from passage 10-4s Sec. 7 from passage 10-221r(a) Sec. 8 from passage 10-151b(a) Sec. 9 from passage New section Sec. 10 from passage Repealer section ED Joint Favorable Subst. APP Joint Favorable ED Joint Favorable Subst. APP Joint Favorable