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General Assembly Substitute Bill No. 812
January Session, 2019
AN ACT CONCERNING TH E LEGISLATIVE COMMISSIONERS'
RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE
EDUCATION AND EARLY CHILDHOOD STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 10-91g of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) As used in this section [,] and sections 10-91h to 10-91l, inclusive, 4
"private provider of special education services" means any private 5
school or private agency or institution, including a group home, that 6
receives any state or local funds as a result of providing special 7
education services to any student with an individualized education 8
program or for whom an individual services plan has been written by 9
the local or regional board of education responsible for educating such 10
student. 11
Sec. 2. Subdivisions (1) and (2) of subsection (b) of section 10-223j of 12
the general statutes are repealed and the following is substituted in 13
lieu thereof (Effective from passage): 14
(b) (1) The school governance council for a high school shall consist 15
of (A) seven members who [shall be any] are a parent or guardian of a 16
student attending the school, regardless of such parent or guardian's 17
status as a public official, (B) two members who [shall be] are 18 Substitute Bill No. 812
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community leaders within the school district, (C) five members who 19
[shall be] are teachers at the school, (D) one nonvoting member who is 20
the principal of the school, or his or her designee, and (E) two 21
nonvoting student members who [shall be] are students at the school. 22
The parent or guardian members shall be elected by the parents or 23
guardians of students attending the school, provided, for purposes of 24
the election, each household with a student attending the school shall 25
have one vote. The community leader members shall be elected by the 26
parent or guardian members and teacher members of the school 27
governance council. The teacher members shall be elected by the 28
teachers of the school. The nonvoting student members shall be elected 29
by the student body of the school. 30
(2) The school governance council for an elementary or a middle 31
school shall consist of (A) seven members who [shall be any] are a 32
parent or guardian of a student attending the school, regardless of 33
such parent or guardian's status as a public official, (B) two members 34
who [shall be] are community leaders within the school district, (C) 35
five members who [shall be] are teachers at the school, and (D) one 36
nonvoting member who is the principal of the school, or his or her 37
designee. The parent or guardian members shall be elected by the 38
parents or guardians of students attending the school, provided, for 39
purposes of the election, each household with a student attending the 40
school shall have one vote. The community leader members shall be 41
elected by the parent or guardian members and teacher members of 42
the school governance council. The teacher members shall be elected 43
by the teachers of the school. 44
Sec. 3. Subsection (a) of section 19a-79 of the general statutes is 45
repealed and the following is substituted in lieu thereof (Effective from 46
passage): 47
(a) The Commissioner of Early Childhood shall adopt regulations, 48
in accordance with the provisions of chapter 54, to carry out the 49
purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, 50
inclusive, and to assure that child care centers and group child care 51 Substitute Bill No. 812
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homes meet the health, educational and social needs of children 52
utilizing such child care centers and group child care homes. Such 53
regulations shall (1) specify that before being permitted to attend any 54
child care center or group child care home, each child shall be 55
protected as age-appropriate by adequate immunization against 56
diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 57
hemophilus influenzae type B and any other vaccine required by the 58
schedule of active immunization adopted pursuant to section 19a-7f, 59
including appropriate exemptions for children for whom such 60
immunization is medically contraindicated and for children whose 61
[parents] parent or guardian objects to such immunization on religious 62
grounds, and that any objection by [parents] a parent or a guardian to 63
immunization of a child on religious grounds shall be accompanied by 64
a statement from such [parents] parent or guardian that such 65
immunization would be contrary to the religious beliefs of such child 66
or the [parents] parent or guardian of such child, which statement shall 67
be acknowledged, in accordance with the provisions of sections 1-32, 1-68
34 and 1-35, by (A) a judge of a court of record or a family support 69
magistrate, (B) a clerk or deputy clerk of a court having a seal, (C) a 70
town clerk, (D) a notary public, (E) a justice of the peace, or (F) an 71
attorney admitted to the bar of this state, (2) specify conditions under 72
which child care center directors and teachers and group child care 73
home providers may administer tests to monitor glucose levels in a 74
child with diagnosed diabetes mellitus, and administer medicinal 75
preparations, including controlled drugs specified in the regulations 76
by the commissioner, to a child receiving child care services at such 77
child care center or group child care home pursuant to the written 78
order of a physician licensed to practice medicine or a dentist licensed 79
to practice dental medicine in this or another state, or an advanced 80
practice registered nurse licensed to prescribe in accordance with 81
section 20-94a, or a physician assistant licensed to prescribe in 82
accordance with section 20-12d, and the written authorization of a 83
parent or guardian of such child, (3) specify that an operator of a child 84
care center or group child care home, licensed before January 1, 1986, 85
or an operator who receives a license after January 1, 1986, for a facility 86 Substitute Bill No. 812
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licensed prior to January 1, 1986, shall provide a minimum of thirty 87
square feet per child of total indoor usable space, free of furniture 88
except that needed for the children's purposes, exclusive of toilet 89
rooms, bathrooms, coatrooms, kitchens, halls, isolation room or other 90
rooms used for purposes other than the activities of the children, (4) 91
specify that a child care center or group child care home licensed after 92
January 1, 1986, shall provide thirty-five square feet per child of total 93
indoor usable space, (5) establish appropriate child care center staffing 94
requirements for employees certified in cardiopulmonary resuscitation 95
by the American Red Cross, the American Heart Association, the 96
National Safety Council, American Safety and Health Institute or 97
Medic First Aid International, Inc., (6) specify that on and after January 98
1, 2003, a child care center or group child care home (A) shall not deny 99
services to a child on the basis of a child's known or suspected allergy 100
or because a child has a prescription for an automatic prefilled 101
cartridge injector or similar automatic injectable equipment used to 102
treat an allergic reaction, or for injectable equipment used to 103
administer glucagon, (B) shall, not later than three weeks after such 104
child's enrollment in such a center or home, have staff trained in the 105
use of such equipment on-site during all hours when such a child is 106
on-site, (C) shall require such child's parent or guardian to provide the 107
injector or injectable equipment and a copy of the prescription for such 108
medication and injector or injectable equipment upon enrollment of 109
such child, and (D) shall require a parent or guardian enrolling such a 110
child to replace such medication and equipment prior to its expiration 111
date, (7) specify that on and after January 1, 2005, a child care center or 112
group child care home (A) shall not deny services to a child on the 113
basis of a child's diagnosis of asthma or because a child has a 114
prescription for an inhalant medication to treat asthma, and (B) shall, 115
not later than three weeks after such child's enrollment in such a center 116
or home, have staff trained in the administration of such medication 117
on-site during all hours when such a child is on-site, and (8) establish 118
physical plant requirements for licensed child care centers and licensed 119
group child care homes that exclusively serve school-age children. 120
When establishing such requirements, the Office of Early Childhood 121 Substitute Bill No. 812
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shall give consideration to child care centers and group child care 122
homes that are located in private or public school buildings. With 123
respect to this subdivision only, the commissioner shall implement 124
policies and procedures necessary to implement the physical plant 125
requirements established pursuant to this subdivision while in the 126
process of adopting such policies and procedures in regulation form. 127
Until replaced by policies and procedures implemented pursuant to 128
this subdivision, any physical plant requirement specified in the 129
office's regulations that is generally applicable to child care centers and 130
group child care homes shall continue to be applicable to such centers 131
and homes that exclusively serve school -age children. The 132
commissioner shall print notice of the intent to adopt regulations 133
pursuant to this subdivision [in the Connecticut Law Journal] on the 134
eRegulations System not later than twenty days after the date of 135
implementation of such policies and procedures. Policies and 136
procedures implemented pursuant to this subdivision shall be valid 137
until the time final regulations are adopted. 138
Sec. 4. Section 4-5 of the general statutes, as amended by section 3 of 139
public act 18-91, is repealed and the following is substituted in lieu 140
thereof (Effective July 1, 2019): 141
As used in sections 4-6, 4-7 and 4-8, the term "department head" 142
means Secretary of the Office of Policy and Management, 143
Commissioner of Administrative Services, [Commissioner on Aging,] 144
Commissioner of Revenue Services, Banking Commissioner, 145
Commissioner of Children and Families, Commissioner of Consumer 146
Protection, Commissioner of Correction, Commissioner of Economic 147
and Community Development, State Board of Education, 148
Commissioner of Emergency Services a nd Public Protection, 149
Commissioner of Energy and Environmental Protection, 150
Commissioner of Agriculture, Commissioner of Public Health, 151
Insurance Commissioner, Labor Commissioner, Commissioner of 152
Mental Health and Addiction Services, Commissioner of Social 153
Services, Commissioner of Developmental Services, Commissioner of 154 Substitute Bill No. 812
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Motor Vehicles, Commissioner of Transportation, Commissioner of 155
Veterans Affairs, Commissioner of Housing, Commissioner of 156
Rehabilitation Services, the Commissioner of Early Childhood, the 157
executive director of the Office of Military Affairs, and the executive 158
director of the Office of Health Strategy. As used in sections 4-6 and 4-159
7, "department head" also means the Commissioner of Education. 160
Sec. 5. Section 4-5 of the general statutes, as amended by section 6 of 161
public act 17-237, section 279 of public act 17-2 of the June special 162
session and section 20 of public act 18-182, is repealed and the 163
following is substituted in lieu thereof (Effective July 1, 2020): 164
As used in sections 4-6, 4-7 and 4-8, the term "department head" 165
means Secretary of the Office of Policy and Management, 166
Commissioner of Administrative Services, Commissioner of Revenue 167
Services, Banking Commissioner, Commissioner of Children and 168
Families, Commissioner of Consumer Protection, Commissioner of 169
Correction, Commissioner of Economic and Community Development, 170
State Board of Education, Commissioner of Emergency Services and 171
Public Protection, Commissioner of Energy and Environmental 172
Protection, Commissioner of Agriculture, Commissioner of Public 173
Health, Insurance Commissioner, Labor Commissioner, Commissioner 174
of Mental Health and Addiction Services, Commissioner of Social 175
Services, Commissioner of Developmental Services, Commissioner of 176
Motor Vehicles, Commissioner of Transportation, Commissioner of 177
Veterans Affairs, Commissioner of Housing, Commissioner of 178
Rehabilitation Services, the Commissioner of Early Childhood, the 179
executive director of the Office of Military Affairs, the executive 180
director of the Office of Health Strategy and the executive director of 181
the Technical Education and Career System. As used in sections 4-6 182
and 4-7, "department head" also means the Commissioner of 183
Education. 184
Sec. 6. Section 4-38c of the general statutes, as amended by section 185
13 of public act 18-169, is repealed and the following is substituted in 186
lieu thereof (Effective July 1, 2019): 187 Substitute Bill No. 812
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There shall be within the executive branch of state government the 188
following departments: Office of Policy and Management, Department 189
of Administrative Services, [Department on Aging,] Department of 190
Revenue Services, Department of Banking, Department of Agriculture, 191
Department of Children and Families, Department of Consumer 192
Protection, Department of Correction, Department of Economic and 193
Community Development, State Board of Education, Department of 194
Emergency Services and Public Protection, Department of Energy and 195
Environmental Protection, Department of Public Health, Board of 196
Regents for Higher Education, Insurance Department, Labor 197
Department, Department of Mental Health and Addiction Services, 198
Department of Developmental Services, Department of Social Services, 199
Department of Rehabilitation Services, Department of Transportation, 200
Department of Motor Vehicles and Department of Veterans Affairs. 201
Sec. 7. Section 4-38c of the general statutes, as amended by section 7 202
of public act 17-237, section 287 of public act 17-2 of the June special 203
session and section 21 of public act 18-182, is repealed and the 204
following is substituted in lieu thereof (Effective July 1, 2020): 205
There shall be within the executive branch of state government the 206
following departments: Office of Policy and Management, Department 207
of Administrative Services, Department of Revenue Services, 208
Department of Banking, Department of Agriculture, Department of 209
Children and Families, Department of Consumer Protection, 210
Department of Correction, Department of Economic and Community 211
Development, State Board of Education, Department of Emergency 212
Services and Public Protection, Department of Energy and 213
Environmental Protection, Department of Public Health, Board of 214
Regents for Higher Education, Insurance Department, Labor 215
Department, Department of Mental Health and Addiction Services, 216
Department of Developmental Services, Department of Social Services, 217
Department of Rehabilitation Services, Department of Transportation, 218
Department of Motor Vehicles, Department of Veterans Affairs and the 219
Technical Education and Career System. 220 Substitute Bill No. 812
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This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 10-91g(a)
Sec. 2 from passage 10-223j(b)(1) and (2)
Sec. 3 from passage 19a-79(a)
Sec. 4 July 1, 2019 4-5
Sec. 5 July 1, 2020 4-5
Sec. 6 July 1, 2019 4-38c
Sec. 7 July 1, 2020 4-38c
Statement of Legislative Commissioners:
In Section 2(b)(1)(E), "shall be" was changed to "[shall be] are" for
consistency.
ED Joint Favorable Subst. -LCO