Substitute Senate Bill No. 455
Public Act No. 18-34
AN ACT CONCERNING MINORITY TEACHER RECRUITMENT AND RETENTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2018) Not later than January 1, 2019, the Department of Education, in consultation with the Minority Teacher Recruitment Policy Oversight Council, shall (1) identify relevant research and successful practices to enhance minority teacher recruitment throughout the state, (2) identify and establish public, private and philanthropic partnerships to increase minority teacher recruitment, (3) utilize, monitor and evaluate innovative methods to attract minority candidates to the teaching profession, particularly in subject areas in which a teacher shortage exists, as determined by the Commissioner of Education pursuant to section 10-8b of the general statutes, (4) modernize the process for educators to obtain educator certification under chapter 166 of the general statutes by eliminating obstacles to certification to increase competitiveness with other states, (5) identify and utilize high-quality, affordable and bias-free educator assessments, (6) adopt cut scores for educator assessments, that do not exceed the multistate cut scores, to increase competitiveness with surrounding states, (7) support new and existing educator preparation programs that commit to enrolling greater numbers of minority teacher candidates in a manner that supports interstate reciprocity, (8) monitor, advise and support, and intervene in when necessary, local and regional boards of education's efforts to prioritize minority teacher recruitment and develop innovative strategies to attract and retain minority teachers within their districts, and (9) (A) on and after July 1, 2019, include a question regarding the demographic data of applicants for positions requiring educator certification in the department's annual hiring survey distributed to local and regional boards of education, and (B) not later than July 1, 2020, and annually thereafter, submit a report, in accordance with the provisions of section 11-4a of the general statutes, on the applicant demographic data collected pursuant to subparagraph (A) of this subdivision to the minority teacher recruitment task force, established pursuant to section 10-156aa of the general statutes, as amended by this act, and to the joint standing committee of the General Assembly having cognizance of matters relating to education. For purposes of this section, "minority" has the same meaning as provided in section 10-156bb of the general statutes.
Sec. 2. (NEW) (Effective July 1, 2018) (a) As used in this section, "person from an alternate profession" means a person who (1) holds at least a bachelor's degree from an institution of higher education accredited by the Board of Regents for Higher Education or Office of Higher Education or that is regionally accredited, and (A) is a paraeducator, (B) is a veteran, as defined in section 27-103 of the general statutes, (C) holds a charter school educator permit, issued by the State Board of Education pursuant to section 10-145q of the general statutes, or (D) is employed or was previously employed as a professor at an accredited institution of higher education, as defined in section 10a-34 of the general statutes, or (2) holds a master's degree from a social work program accredited by the Council on Social Work Education or, for any person educated outside the United States or its territories, an educational program deemed equivalent by the council.
(b) The Department of Education, in consultation with the Office of Higher Education, shall develop or review and approve proposals for alternate route to certification programs for persons from an alternate profession. Any alternate route to certification program developed or approved under this section shall (1) include instruction in classroom management and cultural competency, (2) align with the standards of teaching competencies adopted by the State Board of Education, and (3) meet such other criteria as the department requires.
(c) Notwithstanding the provisions of subsection (d) of section 10-145b of the general statutes, on and after July 1, 2019, the State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate, which shall be valid for three years, to any person who (1) successfully completed an alternate route to certification program developed or approved under this section, and (2) meets the requirements established in subsection (b) of section 10-145f of the general statutes, as amended by this act.
(d) The department shall include on its Internet web site a description of, and the requirements for, each alternate route to certification program for persons from an alternate profession developed or approved by the department.
Sec. 3. Section 10-151d of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) There is established a Performance Evaluation Advisory Council within the Department of Education. Membership of the council shall consist of: (1) The Commissioner of Education and the president of the Connecticut State Colleges and Universities, or their designees, (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, the Connecticut Federation of School Administrators, the Connecticut Education Association, the American Federation of Teachers-Connecticut and the Connecticut Association of School Administrators and the Connecticut Association of Schools, (3) a representative from the minority teacher recruitment task force, established pursuant to section 10-156aa, as amended by this act, designated by the chairpersons of the minority teacher recruitment task force, and [(3)] (4) persons selected by the Commissioner of Education who shall include, but not be limited to, teachers, persons with expertise in performance evaluation processes and systems, and any other person the commissioner deems appropriate.
(b) The council shall be responsible for (1) assisting the State Board of Education in the development of (A) guidelines for a model teacher evaluation and support program, and (B) a model teacher evaluation and support program, pursuant to subsection (c) of section 10-151b, (2) the data collection and evaluation support system, pursuant to subsection (c) of section 10-10a, and (3) assisting the State Board of Education in the development of a teacher evaluation and support program implementation plan, pursuant to subsection (e) of section 10-151b. The council shall meet at least quarterly. The council shall collaborate with the minority teacher recruitment task force, established pursuant to section 10-156aa, as amended by this act, to focus on issues concerning equity and closing the achievement gap, as defined in section 10-14u.
(c) On and after July 1, 2018, the council shall, in collaboration with the minority teacher recruitment task force, incorporate into the work of the council strategies and a framework for educators to be effective in closing the achievement gap and in increasing educational opportunities.
Sec. 4. Subsection (a) of section 10-145b of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) The State Board of Education, upon receipt of a proper application, shall issue an initial educator certificate to any person who (1) holds a bachelor's degree from an institution of higher education accredited by the Board of Regents for Higher Education or Office of Higher Education or is regionally accredited, and (2) has completed (A) an educator preparation program approved by the State Board of Education or the appropriate governing body in the state in which the institution of higher education is located, or (B) an alternate route to certification program approved by the State Board of Education or the appropriate governing body in the state in which such alternate route to certification program is located, and satisfies the requirements for a temporary ninety-day certificate, pursuant to subsection (c) of this section, or a resident teacher certificate, pursuant to section 10-145m. In addition, on and after July 1, [1993] 2018, each applicant shall have completed a subject area major as defined by the State Board of Education, except (i) as provided in section 10-145l, or (ii) where an applicant achieves a satisfactory evaluation on an appropriate State Board of Education approved subject area assessment and has completed advanced coursework in a relevant subject area. Each such initial educator certificate shall be valid for three years, except as provided in subsection (c) of this section, and may be extended by the Commissioner of Education for an additional year for good cause upon the request of the superintendent in whose school district such person is employed or upon the request of the assessment team reviewing such person's performance.
Sec. 5. Section 10-156aa of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) There is established a task force to study and develop strategies to increase and improve the recruitment, preparation and retention of minority teachers, as defined in section 10-155l, in public schools in the state. Such study shall include, but need not be limited to, (1) an analysis of the causes of minority teacher shortages in the state, (2) an examination of current state-wide and school district demographics, and (3) a review of best practices.
(b) The task force shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives;
(2) One appointed by the president pro tempore of the Senate;
(3) One appointed by the majority leader of the House of Representatives, who [shall be] is a member of the Black and Puerto Rican Caucus of the General Assembly;
(4) One appointed by the majority leader of the Senate;
(5) One appointed by the minority leader of the House of Representatives;
(6) One appointed by the minority leader of the Senate;
(7) The Commissioner of Education, or the commissioner's designee;
(8) The president of the Connecticut State Colleges and Universities, or the president's designee;
(9) The executive director of the Commission on Women, Children and Seniors, or the executive director's designee; [and]
(10) [The] Three appointed by the executive director of the Commission on Equity and Opportunity, [or the executive director's designee] one of whom has expertise in African American affairs, one of whom has expertise in Latino and Puerto Rican affairs, and one of whom has expertise in Asian Pacific American affairs; and
(11) On and after July 1, 2018, one appointed by the chairpersons of the task force.
(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.
(d) All appointments to the task force shall be made not later than thirty days after June 22, 2015, except the member appointed pursuant to subdivision (11) of subsection (b) of this section shall be appointed not later than thirty days after July 1, 2018. Any vacancy shall be filled by the appointing authority.
(e) (1) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after June 22, 2015.
(2) On and after the appointment of the member described in subdivision (11) of subsection (b) of this section, such member shall serve as an additional chairperson of the task force with the same authority and responsibilities as the chairpersons selected pursuant to subdivision (1) of this subsection.
(f) 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.
(g) Not later than June 30, 2017, 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.
(h) The task force shall terminate on January 1, 2026.
Sec. 6. Subsection (c) of section 10-4 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(c) Said board shall prepare every five years a five-year comprehensive plan for elementary, secondary, vocational, career and adult education. [Said] Such comprehensive plan shall include, but need not be limited to, (1) a policy statement of the State Board of Education's long-term goals and short-term objectives, including, for any comprehensive plan prepared on or after July 1, 2018, a policy statement that the demographics of educators in the public schools should reflect the racial and ethnic diversity of the total population of the state, (2) an analysis of cost implications and measurement criteria and how said board's programs and operations relate to such goals and objectives, and (3) specific action plans, target dates and strategies and methods of implementation for achieving such goals and objectives. The State Board of Education shall establish, every five years, an advisory committee to assist the board in the preparation of the comprehensive plan. Members of the advisory committee shall be appointed by the State Board of Education with representation on the committee to include, but not be limited to, representatives of the Connecticut Advisory Council on Vocational and Career Education, education organizations, parent organizations, student organizations, business and industry, organized labor and appropriate state agencies. Notwithstanding any requirement for submission of a plan for the fiscal year ending June 30, 1984, pursuant to section 10-96a of the general statutes, revision of 1958, revised to January 1, 1983, the State Board of Education shall not be required to submit the master plan for vocational and career education but shall submit, pursuant to subsection (b) of this section, the comprehensive plan for elementary and secondary, vocational, career and adult education to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to education on or before September 1, 1996, and every five years thereafter provided, the master plan currently in effect shall remain in effect until the comprehensive plan is submitted. The State Board of Education shall be responsible for annually updating the progress in implementing the goals and objectives of the comprehensive plan and shall report on such progress to the Governor and to said standing committee annually. The State Board of Education shall provide opportunity for public comment prior to its adoption of a plan.
Sec. 7. Subsection (a) of section 10-220 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Each local or regional board of education shall maintain good public elementary and secondary schools, implement the educational interests of the state, as defined in section 10-4a, and provide such other educational activities as in its judgment will best serve the interests of the school district; provided any board of education may secure such opportunities in another school district in accordance with provisions of the general statutes and shall give all the children of the school district, including children receiving alternative education, as defined in section 10-74j, as nearly equal advantages as may be practicable; shall provide an appropriate learning environment for all its students which includes (1) adequate instructional books, supplies, materials, equipment, staffing, facilities and technology, (2) equitable allocation of resources among its schools, (3) proper maintenance of facilities, and (4) a safe school setting; shall, in accordance with the provisions of subsection (f) of this section, maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee, as defined in section 53a-65, employed by the local or regional board of education; shall have charge of the schools of its respective school district; shall make a continuing study of the need for school facilities and of a long-term school building program and from time to time make recommendations based on such study to the town; shall adopt and implement an indoor air quality program that provides for ongoing maintenance and facility reviews necessary for the maintenance and improvement of the indoor air quality of its facilities; shall adopt and implement a green cleaning program, pursuant to section 10-231g, that provides for the procurement and use of environmentally preferable cleaning products in school buildings and facilities; on and after July 1, 2021, and every five years thereafter, shall report to the Commissioner of Administrative Services on the condition of its facilities and the action taken to implement its long-term school building program, indoor air quality program and green cleaning program, which report the Commissioner of Administrative Services shall use to prepare a report every five years that said commissioner shall submit in accordance with section 11-4a to the joint standing committee of the General Assembly having cognizance of matters relating to education; shall advise the Commissioner of Administrative Services of the relationship between any individual school building project pursuant to chapter 173 and such long-term school building program; shall have the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes and at all times shall insure all such buildings and all capital equipment contained therein against loss in an amount not less than eighty per cent of replacement cost; shall determine the number, age and qualifications of the pupils to be admitted into each school; shall develop and implement a written plan for minority [staff] educator recruitment for purposes of subdivision (3) of section 10-4a; shall employ and dismiss the teachers of the schools of such district subject to the provisions of sections 10-151 and 10-158a; shall designate the schools which shall be attended by the various children within the school district; shall make such provisions as will enable each child of school age residing in the district to attend some public day school for the period required by law and provide for the transportation of children wherever transportation is reasonable and desirable, and for such purpose may make contracts covering periods of not more than five years; may provide alternative education, in accordance with the provisions of section 10-74j, or place in another suitable educational program a pupil enrolling in school who is nineteen years of age or older and cannot acquire a sufficient number of credits for graduation by age twenty-one; may arrange with the board of education of an adjacent town for the instruction therein of such children as can attend school in such adjacent town more conveniently; shall cause each child five years of age and over and under eighteen years of age who is not a high school graduate and is living in the school district to attend school in accordance with the provisions of section 10-184, and shall perform all acts required of it by the town or necessary to carry into effect the powers and duties imposed by law.
Sec. 8. Section 10-145f of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):
(a) Each person formally admitted to a State Board of Education approved teacher preparation program shall take the state reading, writing and mathematics competency examination, prescribed by and administered under the direction of the State Board of Education, unless such person has qualified for a waiver of such test based on criteria established by the State Board of Education. Each person's essential skills test results shall be used as a diagnostic tool, in accordance with the guidelines adopted by the State Board of Education pursuant to section 5 of public act 16-41, for purposes of providing any necessary remedial instruction to such person while he or she is enrolled in such teacher preparation program.
(b) (1) Any person who does not hold a valid certificate pursuant to section 10-145b, as amended by this act, shall achieve a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment in order to be eligible for a certificate pursuant to said section unless such assessment has not been approved by the State Board of Education at the time of application, in which case the applicant shall not be denied a certificate solely because of the lack of an evaluation on such assessment.
(2) Any person applying for an additional certification endorsement shall achieve a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment in order to be eligible for such additional endorsement, unless such assessment has not been approved by the State Board of Education at the time of application, in which case the applicant shall not be denied the additional endorsement solely because of the lack of an evaluation on such assessment.
(3) On and after July 1, 1992, any teacher who held a valid teaching certificate but whose certificate lapsed and who had completed all requirements for the issuance of a new certificate pursuant to section 10-145b, as amended by this act, except for filing an application for such certificate, prior to the date on which the lapse occurred, may file, within one year of the date on which the lapse occurred, an application with the Commissioner of Education for the issuance of such certificate. Upon the filing of such an application, the commissioner may grant such certificate and such certificate shall be retroactive to the date on which the lapse occurred, provided the commissioner finds that the lapse of the certificate occurred as a result of a hardship or extenuating circumstances beyond the control of the applicant. If such teacher has attained tenure and is reemployed by the same board of education in any equivalent unfilled position for which the person is qualified as a result of the issuance of a certificate pursuant to this subdivision, the lapse period shall not constitute a break in employment for such person reemployed and shall be used for the purpose of calculating continuous employment pursuant to section 10-151. If such teacher has not attained tenure, the time unemployed due to the lapse of a certificate shall not be counted toward tenure, except that if such teacher is reemployed by the same board of education as a result of the issuance of a certificate pursuant to this subdivision, such teacher may count the previous continuous employment immediately prior to the lapse towards tenure. Using information provided by the Teachers' Retirement Board, the Department of Education shall annually notify each local or regional board of education of the name of each teacher employed by such board of education whose provisional certificate will expire during the period of twelve months following such notice. Upon receipt of such notice the superintendent of each local and regional board of education shall notify each such teacher in writing, at such teacher's last-known address, that the teacher's provisional certificate will expire.
(4) Notwithstanding the provisions of this subsection to the contrary, to be eligible for a certificate to teach subjects for which a bachelor's degree is not required, any applicant who is otherwise eligible for certification in such endorsement areas shall be entitled to a certificate without having met the requirements of the competency examination and subject area assessment pursuant to this subsection for a period not to exceed two years, except that for a certificate to teach skilled trades or trade-related or occupational subjects, the commissioner may waive the requirement that the applicant take the competency examination. The commissioner may, upon the showing of good cause, extend the certificate.
(5) On and after July 1, 2011, any person applying for a certification in the endorsement area of elementary education shall achieve a satisfactory evaluation on the appropriate State Board of Education approved mathematics assessment in order to be eligible for such elementary education endorsement.
(6) On and after July 1, 2018, any person who holds an initial, provisional or professional educator certificate and achieves a satisfactory evaluation on the appropriate State Board of Education approved subject area assessment shall be issued a cross endorsement in the relevant certification endorsement area corresponding to a teacher shortage area, as determined by the Commissioner of Education pursuant to section 10-8b.
(c) Notwithstanding the provisions of this section and section 10-145b, as amended by this act, the following persons shall be eligible for a nonrenewable temporary certificate: (1) A person who has resided in a state other than Connecticut during the year immediately preceding application for certification in Connecticut and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, if such person holds current teacher certification in a state other than Connecticut and has completed at least one year of successful teaching in another state in a public school or a nonpublic school approved by the appropriate state board of education, (2) a person who has graduated from a teacher preparation program at a college or university outside of the state and regionally accredited, and meets the requirements for certification, excluding successful completion of the competency examination and subject matter assessment, (3) a person hired by a charter school after July first in any school year for a teaching position that school year, provided the person hired after said date could reasonably be expected to complete the requirements prescribed in subparagraphs (B) and (C) of subdivision (1) of subsection (c) of section 10-145b, and (4) a person who has taught under an appropriate certificate issued by another state, territory or possession of the United States or the District of Columbia or the Commonwealth of Puerto Rico for two or more years. The nonrenewable temporary certificate shall be valid for one year from the date it is issued, except the State Board of Education may extend a temporary certificate for an additional two years (A) in the certification endorsement area of bilingual education issued under this subsection to a person who is employed by a local or regional board of education and providing instruction as part of a program of bilingual instruction, as defined in section 10-17e, or (B) to a person described in subdivision (4) of this subsection.
(d) Any person who is first issued a certificate valid after July 1, 1989, or who is reissued a certificate after July 1, 1989, shall, except as otherwise provided in this subsection, be required to achieve a satisfactory evaluation on a professional knowledge clinical assessment not later than the end of the second year of teaching in a public school if hired prior to January first or, if hired on or after January first, not later than the end of the second full school year of teaching following the year in which such person was hired in order to retain the certificate. The commissioner (1) may waive the requirement that such satisfactory evaluation on a professional knowledge clinical assessment be achieved upon a determination that such assessment is not valid for the person's teaching assignment, or (2) upon a showing of good cause, may extend the time limit for the assessment for a period of time not exceeding two years. The requirement of a clinical assessment shall not apply to any such person who has completed at least three years of successful teaching in a public school or a nonpublic school approved by the appropriate state board of education during the ten years immediately preceding the date of application or who successfully taught with a provisional teaching certificate during the year immediately preceding an application for a provisional educator certificate as an employee of a local or regional board of education or facility approved for special education by the State Board of Education. Notwithstanding the provisions of this subsection, the State Board of Education may reissue an initial educator certificate to a person who held such certificate and did not achieve a satisfactory evaluation on a professional knowledge clinical assessment provided the person submits evidence demonstrating significant intervening study and experience, in accordance with standards established by the State Board of Education.
(e) Notwithstanding the provisions of this section, any person who holds a valid teaching certificate that is at least equivalent to an initial educator certificate, as determined by the State Board of Education, and such certificate is issued by a state other than Connecticut in the subject area or endorsement area for which such person is seeking certification in Connecticut shall not be required to successfully complete the competency examination and subject matter assessment pursuant to this section, if such person has either (1) successfully completed at least three years of teaching experience or service in the endorsement area for which such person is seeking certification in Connecticut in the past ten years in a public school or a nonpublic school approved by the appropriate state board of education in such other state, or (2) holds a master's degree or higher in the subject area for which such person is seeking certification in Connecticut.
(f) Notwithstanding the provisions of this section, any person who has achieved a satisfactory evaluation on an equivalent competency examination or subject area assessment required for educator certification in another state shall not be required to achieve a satisfactory evaluation on the competency examination or subject matter assessment pursuant to this section, provided the State Board of Education determines that the requirements for achieving a satisfactory evaluation on such equivalent competency examination or subject area assessment in another state are at least equivalent to the requirements prescribed by the State Board of Education for achieving a satisfactory evaluation on the competency examination or subject matter assessment pursuant to this section.
Sec. 9. (NEW) (Effective from passage) (a) As used in this section, "eligible applicant" means any person applying for an initial educator certificate who has successfully met the preparation and eligibility requirements specified by the State Board of Education, except for the requirement that such person achieve a satisfactory evaluation on any licensure examination required under section 10-145f of the general statutes, as amended by this act.
(b) Not later than January 1, 2019, the Commissioner of Education shall enter into a memorandum of understanding with one or more teacher licensure assessment vendors regarding the provision of licensure examinations required under section 10-145f of the general statutes, as amended by this act, for eligible applicants. Such memorandum of understanding shall include, but need not be limited to, a requirement that, upon the request of an eligible applicant, (1) such eligible applicant be allowed to retake any licensure examination on which such eligible applicant was unable to achieve a satisfactory evaluation, provided the score of such eligible applicant on the initial licensure examination was within a range prescribed by the commissioner, (2) the cost of any retaken licensure examination, as described in subdivision (1) of this subsection, shall be assumed by the teacher licensure assessment vendor, and (3) the teacher licensure assessment vendor shall provide the Department of Education with an individualized score report of such eligible applicant on the licensure examination on which such eligible applicant was unable to achieve a satisfactory evaluation.
(c) The Department of Education shall, within available appropriations, provide, upon the request of an eligible applicant, educational materials to assist such eligible applicant in obtaining an initial educator certificate. Such educational materials shall be provided using the results of the individualized score report of such eligible applicant on the licensure examination on which such eligible applicant was unable to achieve a satisfactory evaluation.