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General Assembly Substitute Bill No. 7150
January Session, 2019
AN ACT IMPLEMENTING THE GOVERNOR'S BUDGE T
RECOMMENDATIONS CONC ERNING EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivisions (3) and (4) of subsection (a) of section 10-264i 1
of the general statutes are repealed and the following is substituted in 2
lieu thereof (Effective July 1, 2019): 3
(3) For districts assisting the state in meeting its obligations 4
pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 (1996), or any 5
related stipulation or order in effect, as determined by the 6
commissioner, (A) for the fiscal year ending June 30, 2010, the amount 7
of such grant shall not exceed an amount equal to the number of such 8
children transported multiplied by one thousand four hundred dollars, 9
and (B) for the fiscal [years] year ending June 30, 2011, [to June 30, 10
2019, inclusive] and each fiscal year thereafter, the amount of such 11
grant shall not exceed an amount equal to the number of such children 12
transported multiplied by two thousand dollars. 13
(4) In addition to the grants otherwise provided pursuant to this 14
section, the Commissioner of Education may provide supplemental 15
transportation grants to regional educational service centers for the 16
purposes of transportation to interdistrict magnet schools. Any such 17
grant shall be provided within available appropriations and after the 18 Substitute Bill No. 7150
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commissioner has reviewed and approved the total interdistrict 19
magnet school transportation budget for a regional educational service 20
center, including all revenue and expenditure estimates. For the fiscal 21
years ending June 30, 2013, to June 30, 2018, inclusive, in addition to 22
the grants otherwise provided pursuant to this section, the 23
Commissioner of Education may provide supplemental transportation 24
to interdistrict magnet schools that assist the state in meeting its 25
obligations pursuant to the decision in Sheff v. O'Neill, 238 Conn. 1 26
(1996), or any related stipulation or order in effect, as determined by 27
the commissioner. Any such grant shall be provided within available 28
appropriations and upon a comprehensive financial review, by an 29
auditor selected by the Commissioner of Education, the costs of such 30
review may be paid from funds that are part of the supplemental 31
transportation grant. Any such grant shall be paid as follows: For the 32
fiscal year ending June 30, 2013, up to fifty per cent of the grant on or 33
before June 30, 2013, and the balance on or before September 1, 2013, 34
upon completion of the comprehensive financial review; for the fiscal 35
year ending June 30, 2014, up to fifty per cent of the grant on or before 36
June 30, 2014, and the balance on or before September 1, 2014, upon 37
completion of the comprehensive financial review; for the fiscal year 38
ending June 30, 2015, up to fifty per cent of the grant on or before June 39
30, 2015, and the balance on or before September 1, 2015, upon 40
completion of the comprehensive financial review; for the fiscal year 41
ending June 30, 2016, up to fifty per cent of the grant on or before June 42
30, 2016, and the balance on or before September 1, 2016, upon 43
completion of the comprehensive financial review; for the fiscal year 44
ending June 30, 2017, up to seventy per cent of the grant on or before 45
June 30, 2017, and the balance on or before May 30, 2018, upon 46
completion of the comprehensive financial review; [and] for the fiscal 47
year ending June 30, 2018, up to seventy per cent of the grant on or 48
before June 30, 2018, and the balance on or before September 1, 2018, 49
upon completion of the comprehensive financial review; and for the 50
fiscal year ending June 30, 2019, and each fiscal year thereafter, up to 51
seventy per cent of the grant on or before June thirtieth of the fiscal 52
year, and the balance on or before September first of the following 53 Substitute Bill No. 7150
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fiscal year upon completion of the comprehensive financial review. 54
Sec. 2. Subsection (d) of section 10-71 of the general statutes is 55
repealed and the following is substituted in lieu thereof (Effective July 56
1, 2019): 57
(d) Notwithstanding the provisions of this section, for the fiscal 58
[years] year ending June 30, 2004, [to June 30, 2019, inclusive] and each 59
fiscal year thereafter, the amount of the grants payable to towns, 60
regional boards of education or regional educational service centers in 61
accordance with this section shall be reduced proportionately if the 62
total of such grants in such year exceeds the amount appropriated for 63
the purposes of this section for such year. 64
Sec. 3. Section 10-17g of the general statutes is repealed and the 65
following is substituted in lieu thereof (Effective July 1, 2019): 66
For the fiscal [years] year ending June 30, 2016, [to June 30, 2019, 67
inclusive] and each fiscal year thereafter, the board of education for 68
each local and regional school district that is required to provide a 69
program of bilingual education, pursuant to section 10-17f, may make 70
application to the State Board of Education and shall annually receive, 71
within available appropriations, a grant in an amount equal to the 72
product obtained by multiplying one million nine hundred sixteen 73
thousand one hundred thirty by the ratio which the number of eligible 74
children in the school district bears to the total number of such eligible 75
children state-wide. The board of education for each local and regional 76
school district receiving funds pursuant to this section shall annually, 77
on or before September first, submit to the State Board of Education a 78
progress report which shall include (1) measures of increased 79
educational opportunities for eligible students, including language 80
support services and language transition support services provided to 81
such students, (2) program evaluation and measures of the 82
effectiveness of its bilingual education and English as a second 83
language programs, including data on students in bilingual education 84
programs and students educated exclusively in English as a second 85 Substitute Bill No. 7150
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language programs, and (3) certification by the board of education 86
submitting the report that any funds received pursuant to this section 87
have been used for the purposes specified. The State Board of 88
Education shall annually evaluate programs conducted pursuant to 89
section 10-17f. For purposes of this section, measures of the 90
effectiveness of bilingual education and English as a second language 91
programs include, but need not be limited to, mastery examination 92
results, under section 10-14n, and graduation and school dropout rates. 93
Any amount appropriated under this section in excess of one million 94
nine hundred sixteen thousand one hundred thirty dollars shall be 95
spent in accordance with the provisions of sections 10-17k, 10-17n and 96
10-66t. Any unexpended funds, as of November first, appropriated to 97
the Department of Education for purposes of providing a grant to a 98
local or regional board of education for the provision of a program of 99
bilingual education, pursuant to section 10-17f, shall be distributed on 100
a pro rata basis to each local and regional board of education receiving 101
a grant under this section. Notwithstanding the provisions of this 102
section, for the fiscal [years] year ending June 30, 2009, [to June 30, 103
2019, inclusive] and each fiscal year thereafter, the amount of grants 104
payable to local or regional boards of education for the provision of a 105
program of bilingual education under this section shall be reduced 106
proportionately if the total of such grants in such year exceeds the 107
amount appropriated for such grants for such year. 108
Sec. 4. Subdivision (2) of subsection (e) of section 10-76d of the 109
general statutes is repealed and the following is substituted in lieu 110
thereof (Effective July 1, 2019): 111
(2) For purposes of this subdivision, "public agency" includes the 112
offices of a government of a federally recognized Native American 113
tribe. Notwithstanding any other provisions of the general statutes, for 114
the fiscal year ending June 30, 1987, and each fiscal year thereafter, 115
whenever a public agency, other than a local or regional board of 116
education, the State Board of Education or the Superior Court acting 117
pursuant to section 10-76h, places a child in a foster home, group 118 Substitute Bill No. 7150
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home, hospital, state institution, receiving home, custodial institution 119
or any other residential or day treatment facility, and such child 120
requires special education, the local or regional board of education 121
under whose jurisdiction the child would otherwise be attending 122
school or, if no such board can be identified, the local or regional board 123
of education of the town where the child is placed, shall provide the 124
requisite special education and related services to such child in 125
accordance with the provisions of this section. Within one business day 126
of such a placement by the Department of Children and Families or 127
offices of a government of a federally recognized Native American 128
tribe, said department or offices shall orally notify the local or regional 129
board of education responsible for providing special education and 130
related services to such child of such placement. The department or 131
offices shall provide written notification to such board of such 132
placement within two business days of the placement. Such local or 133
regional board of education shall convene a planning and placement 134
team meeting for such child within thirty days of the placement and 135
shall invite a representative of the Department of Children and 136
Families or offices of a government of a federally recognized Native 137
American tribe to participate in such meeting. (A) The local or regional 138
board of education under whose jurisdiction such child would 139
otherwise be attending school shall be financially responsible for the 140
reasonable costs of such special education and related services in an 141
amount equal to the lesser of one hundred per cent of the costs of such 142
education or the average per pupil educational costs of such board of 143
education for the prior fiscal year, determined in accordance with the 144
provisions of subsection (a) of section 10-76f. The State Board of 145
Education shall pay on a current basis, except as provided in 146
subdivision (3) of this subsection, any costs in excess of such local or 147
regional board's basic contributions paid by such board of education in 148
accordance with the provisions of this subdivision. (B) Whenever a 149
child is placed pursuant to this subdivision, on or after July 1, 1995, by 150
the Department of Children and Families and the local or regional 151
board of education under whose jurisdiction such child would 152
otherwise be attending school cannot be identified, the local or 153 Substitute Bill No. 7150
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regional board of education under whose jurisdiction the child 154
attended school or in whose district the child resided at the time of 155
removal from the home by said department shall be responsible for the 156
reasonable costs of special education and related services provided to 157
such child, for one calendar year or until the child is committed to the 158
state pursuant to section 46b-129 or 46b-140 or is returned to the child's 159
parent or guardian, whichever is earlier. If the child remains in such 160
placement beyond one calendar year the Department of Children and 161
Families shall be responsible for such costs. During the period the local 162
or regional board of education is responsible for the reasonable cost of 163
special education and related services pursuant to this subparagraph, 164
the board shall be responsible for such costs in an amount equal to the 165
lesser of one hundred per cent of the costs of such education and 166
related services or the average per pupil educational costs of such 167
board of education for the prior fiscal year, determined in accordance 168
with the provisions of subsection (a) of section 10-76f. The State Board 169
of Education shall pay on a current basis, except as provided in 170
subdivision (3) of this subsection, any costs in excess of such local or 171
regional board's basic contributions paid by such board of education in 172
accordance with the provisions of this subdivision. The costs for 173
services other than educational shall be paid by the state agency which 174
placed the child. The provisions of this subdivision shall not apply to 175
the school districts established within the Department of Children and 176
Families, pursuant to section 17a-37 or the Department of Correction, 177
pursuant to section 18-99a, provided in any case in which special 178
education is being provided at a private residential institution, 179
including the residential components of regional educational service 180
centers, to a child for whom no local or regional board of education 181
can be found responsible under subsection (b) of this section, Unified 182
School District #2 shall provide the special education and related 183
services and be financially responsible for the reasonable costs of such 184
special education instruction for such children. Notwithstanding the 185
provisions of this subdivision, for the fiscal years ending June 30, 2004, 186
to June 30, 2007, inclusive, and for the fiscal [years] year ending June 187
30, 2010, [to June 30, 2019, inclusive] and each fiscal year thereafter, the 188 Substitute Bill No. 7150
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amount of the grants payable to local or regional boards of education 189
in accordance with this subdivision shall be reduced proportionately if 190
the total of such grants in such year exceeds the amount appropriated 191
for the purposes of this subdivision for such year. 192
Sec. 5. Subsection (d) of section 10-76g of the general statutes is 193
repealed and the following is substituted in lieu thereof (Effective July 194
1, 2019): 195
(d) Notwithstanding the provisions of this section, for the fiscal 196
years ending June 30, 2004, to June 30, 2007, inclusive, and for the fiscal 197
[years] year ending June 30, 2010, [to June 30, 2019, inclusive] and each 198
fiscal year thereafter, the amount of the grants payable to local or 199
regional boards of education in accordance with this section, except 200
grants paid in accordance with subdivision (2) of subsection (a) of this 201
section, for the fiscal years ending June 30, 2006, and June 30, 2007, and 202
for the fiscal [years] year ending June 30, 2010, [to June 30, 2019, 203
inclusive] and each fiscal year thereafter, shall be reduced 204
proportionately if the total of such grants in such year exceeds the 205
amount appropriated for the purposes of this section for such year. 206
Sec. 6. Subsection (b) of section 10-253 of the general statutes is 207
repealed and the following is substituted in lieu thereof (Effective July 208
1, 2019): 209
(b) The board of education of the school district under whose 210
jurisdiction a child would otherwise be attending school shall be 211
financially responsible for the reasonable costs of education for a child 212
placed out by the Commissioner of Children and Families or by other 213
agencies, including, but not limited to, offices of a government of a 214
federally recognized Native American tribe, in a private residential 215
facility when such child requires educational services other than 216
special education services. Such financial responsibility shall be the 217
lesser of one hundred per cent of the costs of such education or the 218
average per pupil educational costs of such board of education for the 219
prior fiscal year, determined in accordance with subsection (a) of 220 Substitute Bill No. 7150
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section 10-76f. Any costs in excess of the board's basic contribution 221
shall be paid by the State Board of Education on a current basis. The 222
costs for services other than educational shall be paid by the state 223
agency which placed the child. Application for the grant to be paid by 224
the state for costs in excess of the local or regional board of education's 225
basic contribution shall be made in accordance with the provisions of 226
subdivision (5) of subsection (e) of section 10-76d. Notwithstanding the 227
provisions of this subsection, for the fiscal years ending June 30, 2004, 228
to June 30, 2007, inclusive, and for the fiscal [years] year ending June 229
30, 2010, [to June 30, 2019, inclusive] and each fiscal year thereafter, the 230
amount of the grants payable to local or regional boards of education 231
in accordance with this subsection shall be reduced proportionately if 232
the total of such grants in such year exceeds the amount appropriated 233
for the purposes of this subsection for such year. 234
Sec. 7. Section 10-95q of the general statutes is repealed and the 235
following is substituted in lieu thereof (Effective from passage): 236
(a) (1) On or after July 1, 2017, until June 30, [2021] 2023, the 237
Technical Education and Career System board may recommend a 238
candidate for superintendent of the Technical Education and Career 239
System to the Commissioner of Education. The commissioner may hire 240
or reject any candidate for superintendent recommended by the board. 241
If the commissioner rejects a candidate for superintendent, the board 242
shall recommend another candidate for superintendent to the 243
commissioner. The term of office of the superintendent hired under 244
this subdivision shall expire on June 30, [2021] 2023. 245
(2) On and after July 1, [2021] 2023, the Technical Education and 246
Career System board shall recommend a candidate for superintendent 247
of the Technical Education and Career System to the executive director 248
of the Technical Education and Career System. The executive director 249
may hire or reject any candidate for superintendent recommended by 250
the board. If the executive director rejects a candidate for 251
superintendent, the board shall recommend another candidate for 252
superintendent to the executive director. The term of office of the 253 Substitute Bill No. 7150
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superintendent hired under this subdivision shall be three years and 254
may be extended for no more than three years at any one time. 255
(b) The superintendent of the Technical Education and Career 256
System shall be responsible for the operation and administration of the 257
technical education and career schools and all other matters relating to 258
vocational, technical, technological and postsecondary education in the 259
system. 260
Sec. 8. Section 10-99f of the general statutes is repealed and the 261
following is substituted in lieu thereof (Effective from passage): 262
(a) For the fiscal years ending June 30, 2011, to June 30, [2020] 2022, 263
inclusive, the budget for the Technical Education and Career System 264
shall (1) be a separate budgeted agency from the Department of 265
Education, and (2) include a separate (A) educational account for 266
educational and school-based accounts and expenditures, and (B) 267
noneducational account. 268
(b) Notwithstanding any provision of the general statutes, for the 269
fiscal year ending June 30, 2018, and each fiscal year thereafter, the 270
Governor, when considering reductions in allotment requisitions or 271
allotments in force, shall give priority to the educational needs of the 272
system and instructional staffing needs, as identified in the statement 273
of staffing needs submitted by the superintendent of the Technical 274
Education and Career System pursuant to section 10-99g, and every 275
effort shall be made to avoid impairment of the system's educational 276
mission and interruption to instructional time during such 277
consideration. 278
Sec. 9. Section 10-99f of the general statutes, as amended by section 9 279
of public act 17-237 and section 9 of public act 18-182, is repealed and 280
the following is substituted thereof (Effective July 1, 2022): 281
(a) For the fiscal year ending June 30, [2021] 2023, and each fiscal 282
year thereafter, the budget for the Technical Education and Career 283
System shall (1) be a separate budgeted agency, and (2) include a 284 Substitute Bill No. 7150
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separate (A) educational account for educational and school-based 285
accounts and expenditures, and (B) noneducational account. 286
(b) Notwithstanding any provision of the general statutes, for the 287
fiscal year ending June 30, 2018, and each fiscal year thereafter, the 288
Governor, when considering reductions in allotment requisitions or 289
allotments in force, shall give priority to the educational needs of the 290
system and instructional staffing needs, as identified in the statement 291
of staffing needs submitted by the superintendent of the Technical 292
Education and Career System pursuant to section 10-99g, and every 293
effort shall be made to avoid impairment of the system's educational 294
mission and interruption to instructional time during such 295
consideration. 296
Sec. 10. Section 10-99h of the general statutes is repealed and the 297
following is substituted in lieu thereof (Effective from passage): 298
(a) For the fiscal years ending June 30, 2018, to June 30, [2020] 2022, 299
inclusive, the superintendent of the Technical Education and Career 300
System shall create and maintain a list that includes an inventory of all 301
technical and vocational equipment, supplies and materials purchased 302
or obtained and used in the provision of career technical education in 303
each technical education and career school and across the Technical 304
Education and Career System. The board shall consult such list (1) 305
during the preparation of the budget for the Technical Education and 306
Career System, pursuant to section 10-99g, (2) prior to purchasing or 307
obtaining any new equipment, supplies or materials, and (3) for the 308
purpose of sharing equipment, supplies and materials among technical 309
education and career schools. 310
(b) For the fiscal year ending June 30, [2021] 2023, and each fiscal 311
year thereafter, the executive director of the Technical Education and 312
Career System shall create and maintain a list that includes an 313
inventory of all technical and vocational equipment, supplies and 314
materials purchased or obtained and used in the provision of career 315
technical education in each technical education and career school and 316 Substitute Bill No. 7150
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across the Technical Education and Career System. The executive 317
director shall consult such list (1) during the preparation of the budget 318
for the Technical Education and Career System, pursuant to section 10-319
99g, (2) prior to purchasing or obtaining any new equipment, supplies 320
or materials, and (3) for the purpose of sharing equipment, supplies 321
and materials among technical education and career schools. 322
Sec. 11. Section 16 of public act 17-237, as amended by section 79 of 323
public act 17-2 of the June special session and section 11 of public act 324
18-182, is repealed and the following is substituted in lieu thereof 325
(Effective from passage): 326
For the fiscal years ending June 30, 2018, to June 30, [2020] 2022, 327
inclusive, the State Board of Education shall hire a consultant to (1) assist 328
the Technical Education and Career System board with the development 329
of a transition plan for the Technical Education and Career System, (2) 330
identify and provide recommendations concerning which services could 331
be provided more efficiently through or in conjunction with another local 332
or regional board of education, municipality or state agency by means of a 333
memorandum of understanding with the Technical Education and Career 334
System, and (3) identify efficiencies, best practices and cost savings in 335
procurement. Such consultant shall consult with the administrative and 336
professional staff of the Technical Education and Career System in the 337
development of the transition plan and recommendations described in 338
subdivision (2) of this section. Not later than January 1, [2020] 2022, the 339
state board shall submit a report on the transition plan and such identified 340
services and any recommendations for legislation necessary to implement 341
such transition plan and such identified services to the joint standing 342
committee of the General Assembly having cognizance of matters relating 343
to education, in accordance with the provisions of section 11-4a of the 344
general statutes. 345
Sec. 12. Section 18 of public act 17-237, as amended by section 12 of 346
public act 18-182, is repealed and the following is substituted in lieu 347
thereof (Effective from passage): 348
For the fiscal years ending June 30, 2018, to June 30, [2020] 2022, 349 Substitute Bill No. 7150
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inclusive, the Department of Education shall (1) provide training to those 350
persons employed by the department within the Technical Education and 351
Career System who will be responsible for performing central office and 352
administrative functions for the system on and after July 1, [2020] 2022, 353
and (2) identify those persons within the system who can be trained to 354
perform multiple functions or responsibilities for the system. 355
Sec. 13. (Effective from passage) Sections 5, 10 and 20 of public act 17-356
237, as amended by section 17 of public act 18-182, shall take effect July 357
1, 2022. 358
Sec. 14. (Effective from passage) Section 2 of public act 17-237, as 359
amended by section 73 of public act 17-2 of the June special session 360
and section 18 of public act 18-182, shall take effect July 1, 2022. 361
Sec. 15. (Effective from passage) Section 4 of public act 17-237, as 362
amended by section 74 of public act 17-2 of the June special session 363
and section 19 of public act 18-182, shall take effect July 1, 2022. 364
Sec. 16. (Effective from passage) Section 6 of public act 17-237, as 365
amended by section 279 of public act 17-2 of the June special session 366
and section 20 of public act 18-182, shall take effect July 1, 2022. 367
Sec. 17. (Effective from passage) Section 7 of public act 17-237, as 368
amended by section 287 of public act 17-2 of the June special session 369
and section 21 of public act 18-182, shall take effect July 1, 2022. 370
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 10-264i(a)(3) and (4)
Sec. 2 July 1, 2019 10-71(d)
Sec. 3 July 1, 2019 10-17g
Sec. 4 July 1, 2019 10-76d(e)(2)
Sec. 5 July 1, 2019 10-76g(d)
Sec. 6 July 1, 2019 10-253(b)
Sec. 7 from passage 10-95q
Sec. 8 from passage 10-99f Substitute Bill No. 7150
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Sec. 9 July 1, 2022 10-99f
Sec. 10 from passage 10-99h
Sec. 11 from passage PA 17-237, Sec. 16
Sec. 12 from passage PA 17-237, Sec. 18
Sec. 13 from passage New section
Sec. 14 from passage New section
Sec. 15 from passage New section
Sec. 16 from passage New section
Sec. 17 from passage New section
ED Joint Favorable Subst. C/R APP
APP Joint Favorable Subst.