General Assembly Substitute Bill No. 5566
February Session, 2014 *_____HB05566ED____032414____*
General Assembly
Substitute Bill No. 5566
February Session, 2014
*_____HB05566ED____032414____*
AN ACT CONCERNING MINOR REVISIONS TO THE EDUCATION STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (2) of subsection (e) of section 10-223e of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(2) Notwithstanding any provision of this title or any regulation adopted pursuant to said title, except as provided in subdivision (3) of this subsection, in carrying out the provisions of subdivision (1) of this subsection and this subdivision, the State Board of Education shall take any of the following actions to improve student performance of the school district, a particular school in the district or among student subgroups, and remove the school or district from the list of schools or districts designated and listed as a low achieving school or district pursuant to said subdivision (1), and to address other needs of the school or district: (A) Require an operations audit to identify possible programmatic savings and an instructional audit to identify any deficits in curriculum and instruction or in the learning environment of the school or district; (B) require the local or regional board of education for such school or district to use state and federal funds for critical needs, as directed by the State Board of Education; (C) provide incentives to attract highly qualified teachers and principals; (D) direct the transfer and assignment of teachers and principals; (E) require additional training and technical assistance for parents and guardians of children attending the school or a school in the district and for teachers, principals, and central office staff members hired by the district; (F) require the local or regional board of education for the school or district to implement model curriculum, including, but not limited to, recommended textbooks, materials and supplies approved by the Department of Education; (G) identify schools for reconstitution, as may be phased in by the commissioner, as state or local charter schools, schools established pursuant to section 10-74g, innovation schools established pursuant to section 10-74h, or schools based on other models for school improvement, or for management by an entity other than the local or regional board of education for the district in which the school is located; (H) direct the local or regional board of education for the school or district to develop and implement a plan addressing deficits in achievement and in the learning environment as recommended in the instructional audit; (I) assign a technical assistance team to the school or district to guide school or district initiatives and report progress to the Commissioner of Education; (J) establish instructional and learning environment benchmarks for the school or district to meet as it progresses toward removal from the list of low achieving schools or districts; (K) provide funding to any proximate district to a district designated as a low achieving school district so that students in a low achieving district may attend public school in a neighboring district; (L) direct the establishment of learning academies within schools that require continuous monitoring of student performance by teacher groups; (M) require local and regional boards of education to (i) undergo training to improve their operational efficiency and effectiveness as leaders of their districts' improvement plans, and (ii) submit an annual action plan to the Commissioner of Education outlining how, when and in what manner their effectiveness shall be monitored; (N) require the appointment of (i) a superintendent, approved by the Commissioner of Education, or (ii) a [special master] district improvement specialist, selected by the commissioner, whose authority is consistent with the provisions of section 138 of public act 11-61, and whose term shall be for one school year, except that the State Board of Education may extend such period; or (O) any combination of the actions described in this subdivision or similar, closely related actions.
Sec. 2. Subsection (d) of section 10-223h of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(d) Following the operations and instructional audit for the school selected to participate in the commissioner's network of schools, the turnaround committee shall develop a turnaround plan for such school. The school governance council for each turnaround school may recommend to the turnaround committee for the school district one of the turnaround models described in subparagraphs (A) to (F), inclusive, of subdivision (3) of this subsection. The turnaround committee may accept such recommendation or may choose a different turnaround model for inclusion in the turnaround plan submitted under this subsection. The turnaround plan for such school shall (1) include a description of how such turnaround plan will improve student academic achievement in the school, (2) address deficiencies identified in the operations and instructional audit, and (3) utilize one of the following turnaround models: (A) A CommPACT school, as described in section 10-74g, (B) a social development model, (C) the management, administration or governance of the school to be the responsibility of a regional educational service center, a public or private institution of higher education located in the state, or, subject to the provisions of subsection (e) of this section, an approved educational management organization, (D) a school described in section 10-74f, (E) a model developed by the turnaround committee that utilizes strategies, methods and best practices that have been proven to be effective in improving student academic performance, including, but not limited to, strategies, methods and best practices used at public schools, interdistrict magnet schools and charter schools or collected by the commissioner pursuant to subsection (f) of this section, (F) a community school, as described in section 10-74i, or (G) a model developed in consultation with the commissioner or by the commissioner subject to the provisions of subsection (e) of this section. The turnaround plan shall not assign the management, administration or governance of such school to a (i) for-profit corporation, or (ii) a private not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than a public or private institution of higher education located in the state or, subject to the provisions of subsection (e) of this section, an approved not-for-profit educational management organization, as defined in subsection (e) of this section. Such turnaround plan may include proposals changing the hours and schedules of teachers and administrators at such school, the length and schedule of the school day, the length and calendar of the school year, the amount of time teachers shall be present in the school beyond the regular school day and the hiring or reassignment of teachers or administrators at such school. If a turnaround committee does not develop a turnaround plan, or if the commissioner determines that a turnaround plan developed by a turnaround committee is deficient, the commissioner may develop a turnaround plan for such school in accordance with the provisions of this subsection and, if the commissioner deems necessary, the commissioner may appoint a [special master] school improvement specialist for such school to implement the provisions of the turnaround plan developed by the commissioner. The turnaround plan shall direct all resources and funding to programs and services delivered at such school for the educational benefit of the students enrolled at such school and be transparent and accountable to the local community. The State Board of Education shall approve the turnaround plan developed by a turnaround committee before a school may implement such turnaround plan.
Sec. 3. Subsections (a) and (b) of section 138 of public act 11-61 are repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The State Board of Education shall assign a [special master] district improvement specialist to administer the educational operations for the town of Windham to assist the school district in making adequate yearly progress for whole district performance in both reading and mathematics under the No Child Left Behind Act, P.L. 107-110. Such [special master] district improvement specialist shall (1) work collaboratively with the local board of education for Windham and the Windham superintendent of schools to implement the provisions of the improvement plan for the school district, developed pursuant to subsection (a) of section 10-223e of the general statutes; (2) implement the provisions of subparagraphs (A), (C), (D), (E), (F), (H), (I), (J), (L) and (M) of subdivision (2) of subsection (c) of section 10-223e of the general statutes; (3) manage and allocate any federal, state and local education funds of the school district; and (4) report regularly to the State Board of Education on matters relating to the progress of implementing the improvement plan for the school district and the effectiveness of the local board of education and the superintendent of schools. The [special master] district improvement specialist shall serve at the pleasure of the State Board of Education for a period not to exceed one school year following the school year that the Windham school district makes adequate yearly progress for whole district performance in both reading and mathematics under the No Child Left Behind Act, P.L. 107-110.
(b) Notwithstanding the provisions of sections 1-210 and 10-151c of the general statutes, the [special master] district improvement specialist and the State Board of Education shall have access to all records, facilities, communications and meetings, including, but not limited to, executive sessions of the local board of education, that may be relevant to implementing the provisions of this section.
Sec. 4. Section 10-214 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Each local or regional board of education shall provide annually to each pupil in kindergarten, grade one and grades [one to six] three to five, inclusive, [and grade nine,] a vision screening, using a Snellen chart, or equivalent screening. The superintendent of schools shall give written notice to the parent or guardian of each pupil who is found to have any defect of vision or disease of the eyes, with a brief statement describing such defect or disease.
(b) Each local or regional board of education shall provide annually audiometric screening for hearing to each pupil in kindergarten, [to grade three] grade one and grades three to five, inclusive. [, grade five and grade eight.] The superintendent of schools shall give written notice to the parent or guardian of each pupil found to have any impairment or defect of hearing, with a brief statement describing such impairment or defect.
(c) Each local or regional board of education shall provide [annual] postural screenings for (1) each female pupil in grades five [to nine] and seven, and (2) each male pupil in grade eight or nine. The superintendent of schools shall give written notice to the parent or guardian of each pupil who evidences any postural problem, with a brief statement describing such evidence.
(d) Test results or treatment provided as a result of the screenings pursuant to this section shall be recorded on forms pursuant to subsection (a) of section 10-206.
(e) The State Board of Education, with the technical advice and assistance of the Department of Public Health, shall adopt regulations in accordance with the provisions of chapter 54 for screenings pursuant to this section.
Sec. 5. Subsection (a) of section 10-235 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) Each board of education shall protect and save harmless any member of such board or any teacher or other employee thereof or any member of its supervisory or administrative staff, and the State Board of Education, the Board of Regents for Higher Education, the board of trustees of each state institution and each state agency which employs any teacher, and the managing board of any public school, as defined in section 10-183b, including the governing council of any charter school, shall protect and save harmless any member of such boards, or any teacher or other employee thereof or any member of its supervisory or administrative staff employed by it, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to or death of any person, or in accidental damage to or destruction of property, within or without the school building, or any other acts, including but not limited to infringement of any person's civil rights, resulting in any injury, which acts are not wanton, reckless or malicious, provided such teacher, member or employee, at the time of the acts resulting in such injury, damage or destruction, was acting in the discharge of his or her duties or within the scope of employment or under the direction of such board of education, the Board of Regents for Higher Education, board of trustees, state agency, department or managing board; provided that the provisions of this section shall not limit or otherwise affect application of section 4-165 concerning immunity from personal liability. For the purposes of this section, the terms "teacher" and "other employee" shall include (1) any person who is a cooperating teacher, pursuant to section 10-220a, teacher mentor or reviewer, (2) any student teacher doing practice teaching under the direction of a teacher employed by a local or regional board of education or by the State Board of Education or Board of Regents for Higher Education, (3) any student enrolled in a technical high school who is engaged in a supervised health-related field placement program which constitutes all or part of a course of instruction for credit by a technical high school, provided such health-related field placement program is part of the curriculum of such technical high school, and provided further such course is a requirement for graduation or professional licensure or certification, (4) any volunteer approved by a board of education to carry out a duty prescribed by said board and under the direction of a certificated staff member including any person, partnership, limited liability company or corporation providing students with community-based career education, (5) any volunteer approved by a board of education to carry out the duties of a school bus safety monitor as prescribed by said board, (6) any member of the faculty or staff or any student employed by The University of Connecticut Health Center or health services, (7) any student enrolled in a constituent unit of the state system of higher education who is engaged in a supervised program of field work or clinical practice which constitutes all or part of a course of instruction for credit by a constituent unit, provided such course of instruction is part of the curriculum of a constituent unit, and provided further such course (i) is a requirement for an academic degree or professional licensure or (ii) is offered by the constituent unit in partial fulfillment of its accreditation obligations, and (8) any student enrolled in a constituent unit of the state system of higher education who is acting in the capacity of a member of a student discipline committee established pursuant to section 4-188a.
Sec. 6. Subsection (c) of section 10-144e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) The initial terms for the members appointed by the Governor, the State Board of Education, the president pro tempore of the Senate and the speaker of the House of Representatives and two of the members appointed by the Connecticut Federation of School Administrators and one of the members appointed by the Connecticut Association of Schools shall terminate on January 15, 1994. The initial terms for all other members shall terminate on January 15, 1995. [Terms following the initial terms] The term for any member appointed before the effective date of this section shall be for two years. The term for any member appointed on or after the effective date of this section shall be for four years.
Sec. 7. Subsection (a) of section 10-5c of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Department of Education shall establish an academic advancement program to allow local and regional boards of education to permit students in grades eleven and twelve to substitute (1) achievement of a passing score on an existing [national] nationally-recognized examination, [as determined] approved by the [department] State Board of Education, or series of examinations approved by the State Board of Education, (2) a cumulative grade point average determined by the State Board of Education, and (3) at least three letters of recommendation from school professionals, as defined in section 10-66dd, for the high school graduation requirements pursuant to section 10-221a. The State Board of Education shall issue an academic advancement program certificate to any student who has successfully completed such program. Such academic advancement program certificate shall be considered in the same manner as a high school diploma for purposes of determining eligibility of a student for enrollment at a public institution of higher education in this state.
Sec. 8. Subsection (a) of section 10-221q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Except as otherwise provided in subsection (b) of this section, each local and regional board of education and the governing authority for each state charter school, interdistrict magnet school and endowed academy approved pursuant to section 10-34, shall permit at schools under its jurisdiction the sale of only the following beverages to students from any source, including, but not limited to, school stores, vending machines, school cafeterias, and any fund-raising activities on school premises, whether or not school sponsored: (1) [Milk] Low-fat milk or skimmed milk that may be flavored, but [contain] contains no artificial sweeteners, nonnutritive sweetening agents, sugar alcohols, added sodium and no more than four grams of sugar per ounce, (2) nondairy [milks] milk substitutes such as soy or rice milk [, which] that may be flavored, but contain no artificial sweeteners, nonnutritive sweetening agents, sugar alcohols, added sodium and no more than four grams of sugar per ounce, no more than thirty-five per cent of calories from fat per portion and no more than ten per cent of calories from saturated fat per portion, (3) one hundred per cent fruit juice, vegetable juice or combination of such juices, containing no added sugars, sweeteners, [or] artificial sweeteners or sodium, (4) beverages that contain only water and fruit or vegetable juice and have no added sugars, sweeteners, [or] artificial sweeteners or sodium, and that meet the nutrition requirements pursuant to the Healthy, Hunger-Free Kids Act of 2010, P.L. 111-296, as amended from time to time, and (5) water, [which] that may be flavored but contain no added sugars, sweeteners, artificial sweeteners, sodium or caffeine. Portion sizes of beverages, other than water as described in subdivision (5) of this subsection, that are offered for sale pursuant to this subsection shall not exceed [twelve] eight fluid ounces for students in grades kindergarten to five, inclusive, and twelve fluid ounces for students in grades six to twelve, inclusive.
Sec. 9. Subsection (a) of section 10-65 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Each local or regional school district operating an agricultural science and technology education 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, through progress payments in accordance with the provisions of section 10-287i, (A) for projects for which an application was filed prior to July 1, 2011, ninety-five per cent, and (B) for projects for which an application was filed on or after July 1, 2011, eighty per cent of the net eligible costs of constructing, acquiring, renovating and equipping approved facilities to be used exclusively for such agricultural science and technology education 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 two thousand seven hundred fifty dollars per student for every secondary school student who was enrolled in such center on October first of the previous year.
Sec. 10. Subsection (m) of section 10-264l of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(m) (1) On or before May 15, 2010, and annually thereafter, each interdistrict magnet school operator shall provide written notification to any school district that is otherwise responsible for educating a student who resides in such school district and will be enrolled in an interdistrict magnet school under the operator's control for the following school year. Such notification shall include the number of any such students, by grade, who will be enrolled in an interdistrict magnet school under the control of such operator, the name of the school in which such student has been placed and the amount of tuition to be charged to the local or regional board of education for such student. Such notification shall represent an estimate of the number of students expected to attend such interdistrict magnet schools in the following school year, but shall not be deemed to limit the number of students who may enroll in such interdistrict magnet schools for such year.
(2) Not later than two weeks following an enrollment lottery for an interdistrict magnet school conducted by a magnet school operator, the parent or guardian of a student (A) who will enroll in such interdistrict magnet school in the following school year, or (B) whose name has been placed on a waiting list for enrollment in such interdistrict magnet school for the following school year, shall provide written notification of such prospective enrollment or waiting list placement to the school district that such student resides and is otherwise responsible for educating such student.
Sec. 11. Section 197 of public act 11-48 is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) An interdistrict magnet school program that is not in compliance with the racial minorities enrollment requirements of section 10-264l of the general statutes, as amended by [this act] public act 11-48, following the submission of student information data of such program to the state-wide public school information system, pursuant to section 10-10a of the general statutes, on or before October 1, 2011, and October 1, 2012, due to changes in the 2010 federal racial reporting requirements relating to the collection of racial and ethnic data, as described in the Federal Register of October 19, 2007, shall maintain such program's status as an interdistrict magnet school program and remain eligible for an interdistrict magnet school operating grant pursuant to section 10-264l of the general statutes, as amended by [this act] public act 11-48, if such program submits a compliance plan to the Commissioner of Education and the commissioner approves such plan.
(b) On or before January 1, [2013] 2015, the Department of Education shall submit 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, recommendations for legislation to amend the racial minority enrollments requirements for interdistrict magnet school programs pursuant to section 10-264l of the general statutes, as amended by [this act] public act 11-48, to conform with changes in the federal law. Such plan shall reflect the regional demographics of the interdistrict magnet school programs and the diverse racial, ethnic and socio-economic needs of the student populations attending interdistrict magnet school programs.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2014 10-223e(e)(2)
Sec. 2 July 1, 2014 10-223h(d)
Sec. 3 July 1, 2014 PA 11-61, Sec. 138(a) and (b)
Sec. 4 July 1, 2014 10-214
Sec. 5 from passage 10-235(a)
Sec. 6 from passage 10-144e(c)
Sec. 7 July 1, 2014 10-5c(a)
Sec. 8 July 1, 2014 10-221q(a)
Sec. 9 July 1, 2014 10-65(a)
Sec. 10 July 1, 2014 10-264l(m)
Sec. 11 from passage PA 11-48, Sec. 197
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2014
10-223e(e)(2)
Sec. 2
July 1, 2014
10-223h(d)
Sec. 3
July 1, 2014
PA 11-61, Sec. 138(a) and (b)
Sec. 4
July 1, 2014
10-214
Sec. 5
from passage
10-235(a)
Sec. 6
from passage
10-144e(c)
Sec. 7
July 1, 2014
10-5c(a)
Sec. 8
July 1, 2014
10-221q(a)
Sec. 9
July 1, 2014
10-65(a)
Sec. 10
July 1, 2014
10-264l(m)
Sec. 11
from passage
PA 11-48, Sec. 197
Statement of Legislative Commissioners:
In section 10-221q(a), made technical and grammatical changes; and in section 10-264l(m)(2), added "prospective" for accuracy and clarity.
ED Joint Favorable Subst.
ED
Joint Favorable Subst.