Senate Bill No. 945
Public Act No. 21-144
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
DEPARTMENT OF EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (9) of subsection (a) of section 10-76d of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2021):
(9) The planning and placement team shall, in accordance with the
provisions of the Individuals With Disabilities Education Act, 20 USC
1400, et seq., as amended from time to time, develop and [update
annually] include a statement of transition service needs in the
individualized education program for each child requiring special
education, [. Commencing not later than the date on which the first
individual education program takes effect for a child who is at least
fourteen years of age and diagnosed with autism spectrum disorder,
such] beginning not later than the first individualized education
program to be in effect when such child becomes fourteen years of age,
or younger if the planning and placement team determines it is
appropriate. Such individualized education program shall include (A)
appropriate measurable postsecondary goals based upon age -
appropriate transition assessments related to training, education,
employment and, where appropriate, independent living skills; and (B) Senate Bill No. 945
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the transition services, including courses of study, needed to assist [a]
such child in reaching those goals. [The individual] Such individualized
education program shall be updated annually thereafter in accordance
with the provisions of this subdivision. Nothing in this subdivision shall
be construed as requiring the Department of [Rehabilitation] Aging and
Disability Services to lower the age of transitional services for a child
with disabilities from sixteen to fourteen years of age.
Sec. 2. Section 10-145h of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) On and after July 1, [2015] 2021, the State Board of Education shall
require an applicant for certification as a bilingual education teacher to
demonstrate written competency in English and written and oral
competency in the other language of instruction as a condition of
certification [.] as follows: (1) Written competency in English shall be
demonstrated by (A) successful passage of the essential skills test
approved by the State Board of Education, [. Written] or (B) a bachelor's
degree, or its equivalent, from a regionally accredited institution of
higher education in which the language of instruction is English, and (2)
written competency in the other language shall be demonstrated (A) on
an examination, if available, of comparable difficulty as specified by the
Department of Education, or (B) a bachelor's degree, or its equivalent,
from a regionally accredited institution of higher education in which the
language of instruction is in the other language. If such an examination
is not available, competency shall be demonstrated by an appropriate
alternative method as specified by the department. Oral competency in
the other language shall be demonstrated by an appropriate method
specified by the Department of Education.
(b) On and after July 1, 2015, the State Board of Education shall
require persons seeking to become (1) elementary level bilingual
education teachers to meet coursework requirements in elementary
education and bilingual education, and (2) secondary level bilingual Senate Bill No. 945
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education teachers to meet coursework requirements in both the subject
area they will teach and in bilingual education. The State Board of
Education may issue an endorsement in bilingual education to an
applicant who has (A) completed coursework requirements in (i)
elementary education and bilingual education, or (ii) the subject area
they will teach and bilingual education, and (B) successful passage of
examination requirements for bilingual education, as approved by the
State Board of Education.
(c) On and after July 1, 2000, the State Board of Education shall
require bilingual education teachers holding provisional educator
certificates to meet the requirements of this subsection in order to
qualify for a professional educator certificate to teach bilingual
education. (1) Such bilingual education teachers who teach on the
elementary level shall take fifteen credit hours in bilingual education
and fifteen credit hours in language arts, reading and mathematics. (2)
Such bilingual education teachers who teach on the middle or secondary
level shall take fifteen credit hours in bilingual education and fifteen
credit hours in the subject matter that they teach. Such professional
educator certificate shall be valid for bilingual education and the grade
level and content area of preparation.
(d) On and after July 1, 2021, certification in (1) elementary bilingual
education shall be valid for grades kindergarten to nine, inclusive, and
(2) middle grades bilingual education shall be valid for grades four to
nine, inclusive.
(e) Not later than January 1, 2022, the Commissioner of Education
shall approve guidelines for unique endorsements to authorize the
teaching of secondary bilingual humanities and secondary bilingual
science, technology, engineering and mathematics courses.
(f) (1) A certified bilingual education teacher who has completed at
least fifteen semester hours of credit in combined content coursework in Senate Bill No. 945
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the humanities shall be eligible to teach secondary humanities courses
in a bilingual education program.
(2) A certified teacher who does not hold an endorsement in bilingual
education shall be eligible to teach secondary humanities courses in a
bilingual education program if such teacher completes (A) fifteen
semester hours of credit in combined content coursework in the
humanities, and (B) the required coursework and testing for a bilingual
endorsement under this section.
(g) (1) A certified bilingual education teacher who has completed at
least fifteen semester hours of credit in combined content coursework in
the fields of science, technology, engineering or mathematics shall be
eligible to teach secondary courses in such fields in a bilingual education
program.
(2) A certified teacher who does not hold an endorsement in bilingual
education shall be eligible to teach secondary science, technology,
engineering or mathematics courses in a bilingual education program if
such teacher completes (A) fifteen semester hours of credit in combined
content coursework in the fields of science, technology, engineering or
mathematics, and (B) the required coursework and testing for a
bilingual endorsement under this section.
Sec. 3. Section 10-145m of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) The State Board of Education, upon receipt of a proper
application, shall issue a resident teacher certificate to any applicant in
the certification endorsement areas of elementary education, middle
grades education, secondary academic subjects, special subjects or
fields, special education, early childhood education and administration
and supervision, who (1) holds a bachelor's degree from an institution
of higher education accredited by the Board of Regents for Higher Senate Bill No. 945
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Education or Office of Higher Education or regionally accredited, (2)
[possesses a minimum undergraduate college cumulative grade point
average of 3.00, (3)] has completed a major or thirty semester hours of
content specific credit or achieved a qualifying score, as determined by
the State Board of Education, on the appropriate State Board of
Education approved subject area assessment, and [(4)] (3) is enrolled in
an alternate route to certification program or post-bachelor degree
program leading to educator certification, approved by the State Board
of Education, that meets the guidelines established by the [No Child Left
Behind Act, P.L. 107-110] Every Student Succeeds Act, P.L. 114-95.
(b) Each such resident teacher certificate shall be valid for two years,
and may be extended by the Commissioner of Education for an
additional one year for good cause upon the request of the
superintendent of schools for the school district employing such person.
(c) During the period of employment in a public school, a person
holding a resident teacher certificate shall be the teacher of record and
be under the supervision of the superintendent of schools or of a
principal, administrator or supervisor designated by such
superintendent who shall regularly observe, guide and evaluate the
performance of assigned duties by such holder of a resident teacher
certificate.
(d) Notwithstanding the provisions of subsection (a) of section 10-
145b, on and after July 1, 2009, 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, approved by the
State Board of Education, that meets the guidelines established by the
No Child Left Behind Act, P.L. 107-110, (2) taught successfully as the
teacher of record while holding a resident teacher certificate, and (3)
meets the requirements established in subsection (b) of section 10-145f. Senate Bill No. 945
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Sec. 4. Subsection (a) of section 10-221d of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) As used in this section and sections 10-232b and 10-232c, "eligible
school operator" means a school or school district authorized to receive
national criminal history record information from the Federal Bureau of
Investigation pursuant to P.L. 92-544, and shall include a local or
regional board of education, the Technical Education and Career System
[, the governing council of a state or local charter school, a cooperative
arrangement pursuant to section 10-158a] and an interdistrict magnet
school operator other than an operator who is a third-party not-for-
profit corporation approved by the Commissioner of Education.
Sec. 5. Subsection (a) of section 10-232a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) As used in this section and sections 10-232b and 10-232c,
"nongovernmental school operator" means an operator of an
interdistrict magnet school that is a third-party not-for-profit
corporation approved by the Commissioner of Education , the
governing council of a state or local charter school, an endowed or
incorporated academy approved by the State Board of Education
pursuant to section 10-34, a special education facility approved by the
State Board of Education pursuant to section 10-76d, as amended by this
act, [or] the supervisory agent of a nonpublic school or a cooperative
arrangement pursuant to section 10-158a.
Sec. 6. Section 10-66rr of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
On and after July 1, 2015, the State Board of Education shall require
members of the governing council of a state or local charter school and Senate Bill No. 945
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members of a charter management organization to submit to a records
check of the Department of Children and Families child abuse and
neglect registry, established pursuant to section 17a-101k, and to state
and national criminal history records checks before the state board
grants initial certificates of approval for charters pursuant to section 10-
66bb, or before such members may be hired by the governing council of
a state or local charter school or charter management organization. The
governing council of a state or local charter school shall require each
contractor doing business with a state or local charter school, who
performs a service involving direct student contact, to submit to a
records check of the Department of Children and Families child abuse
and neglect registry, established pursuant to section 17a-101k, and to
state and national criminal history records checks before such contractor
begins to perform such service. [Any criminal history records checks
required under this section shall be conducted in accordance with
section 29-17a.]
Sec. 7. (NEW) (Effective from passage) (a) The Department of Education
may institute a civil action in the Superior Court, or in the United States
District Court, where applicable, against any person, firm, corporation,
business or combination thereof, including a charter management
organization, it believes, or has reason to believe, has misused state
funds or has engaged in the misuse of state resources, to enjoin said
parties from continuing such conduct within this state and to seek
repayment of such funds, as well as damages, on behalf of the state. In
such actions the department shall be represented by the Attorney
General.
(b) Upon the institution of such civil action, the Attorney General
shall have the right to take the deposition of any witness the Attorney
General believes, or has reason to believe, has information relative to the
prosecution of such action, upon application made to the Superior
Court, notwithstanding the provisions of other statutes limiting Senate Bill No. 945
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depositions. The Attorney General shall also have the right to take such
depositions in other states and to utilize the laws of such other states
relative to the taking of depositions where allowed by the laws of such
states.
(c) In any case where the misuse of state funds or resources or
damages referred to in subsection (a) of this section shall be proven by
a fair preponderance of the evidence, the court shall order repayment
by any or all defendants of said damages through the Department of
Education.
(d) The court shall also have the right, in its discretion, to assess treble
damages against said defendants.
Sec. 8. Subsection (c) of section 10-95 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(c) [The board and the Commissioner of Education shall jointly
recommend a candidate for superintendent of the Technical Education
and Career System who shall be appointed as superintendent by the
State Board of Education.] The superintendent of the Technical
Education and Career System shall be hired in accordance with the
provisions of section 10-95q. Such superintendent shall be responsible
for the operation and administration of the system. The board may enter
into cooperative arrangements with local and regional boards of
education, private occupational schools, institutions of higher
education, job training agencies and employers in order to provide
general education, vocational, technical, technological or postsecondary
education or work experience. The superintendent, in conjunction with
the commissioner, may arrange for training to be provided to the board
at such times, and on such matters, as are deemed appropriate to assist
the board in the conduct of its business. Senate Bill No. 945
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Sec. 9. Section 10-76q of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) The State Board of Education, in accordance with regulations
adopted by said board, shall: (1) Provide the professional services
necessary to identify, in accordance with section 10-76a, children
requiring special education who are enrolled at a technical education
and career school; (2) identify each such child; (3) determine the
appropriateness of the technical education and career school for the
educational needs of each such child; (4) provide an appropriate
educational program for each such child; (5) maintain a record thereof;
and (6) annually evaluate the progress and accomplishments of special
education programs provided by the Technical Education and Career
System.
(b) Where it is deemed appropriate that a child enrolled in a technical
education and career school receive special education, the parents or
guardian of such child shall have a right to the hearing and appeal
process as provided for in section 10-76h.
(c) [If a planning and placement team determines that a student
requires special education services which preclude such student's
participation in the vocational education program offered by a technical
education and career school, the student shall be referred to the board
of education in the town in which the student resides for the
development of an individualized educational program and such board
of education shall be responsible for the implementation and financing
of such program.] Prior to a student's enrollment in a technical
education and career school, the local or regional board of education for
the town in which such student resides shall convene a planning and
placement team meeting. The purpose of such meeting shall be to
address such student's transition to such technical education and career
school and ensure that such student's individualized education
program reflects the current supports and services that such student Senate Bill No. 945
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requires in order to access a free and appropriate public education in the
least restrictive environment. A representative from such technical
education and career school shall be invited to such meeting.
Sec. 10. Subsection (g) of section 10-221a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(g) Only courses taken in grades nine to twelve, inclusive, and that
are in accordance with the state-wide subject matter content standards,
adopted by the State Board of Education pursuant to section 10-4, shall
satisfy the graduation requirements set forth in this section, except that
a local or regional board of education may grant a student credit (1)
toward meeting the high school graduation requirements upon the
successful demonstration of mastery of the subject matter content
described in this section achieved through educational experiences and
opportunities that provide flexible and multiple pathways to learning,
including cross-curricular graduation requirements, career and
technical education, virtual learning, work-based learning, service
learning, dual enrollment and early college, courses taken in middle
school, internships and student-designed independent studies,
provided such demonstration of mastery is in accordance with such
state-wide subject matter content standards; (2) toward meeting a
specified course requirement upon the successful completion in grade
seven or eight of any course, the primary focus of which corresponds
directly to the subject matter of a specified course requirement in grades
nine to twelve, inclusive; (3) toward meeting the high school graduation
requirement upon the successful completion of a world language course
(A) in grade six, seven or eight, (B) through on-line coursework, or (C)
offered privately through a nonprofit provider, provided such student
achieves a passing grade on an examination prescribed, within available
appropriations, by the Commissioner of Education and such credits do
not exceed four; (4) toward meeting the high school graduation Senate Bill No. 945
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requirement upon achievement of a passing grade on a subject area
proficiency examination identified and approved, within available
appropriations, by the Commissioner of Education, regardless of the
number of hours the student spent in a public school classroom learning
such subject matter; (5) toward meeting the high school graduation
requirement upon the successful completion of coursework during the
school year or summer months at an institution accredited by the Board
of Regents for Higher Education or Office of Higher Education or
regionally accredited. One three-credit semester course, or its
equivalent, at such an institution shall equal one-half credit for purposes
of this section; or (6) toward meeting the high school graduation
requirement upon the successful completion of on-line coursework,
provided the local or regional board of education has adopted a policy
in accordance with this subdivision for the granting of credit for on-line
coursework. Such a policy shall ensure, at a minimum, that (A) the
workload required by the on-line course is equivalent to that of a similar
course taught in a traditional classroom setting, (B) the content is
rigorous and aligned with curriculum guidelines approved by the State
Board of Education, where appropriate, (C) the course engages students
and has interactive components, which may include, but are not limited
to, required interactions between students and their teachers,
participation in on-line demonstrations, discussion boards or virtual
labs, (D) the program of instruction for such on-line coursework is
planned, ongoing and systematic, and (E) the courses are (i) taught by
teachers who are certified in the state or another state and have received
training on teaching in an on-line environment, or (ii) offered by
institutions of higher education that are accredited by the Board of
Regents for Higher Education or Office of Higher Education or
regionally accredited. [; or (7) toward meeting the high school
graduation requirement upon the successful completion of the academic
advancement program, pursuant to section 10-5c.]
Sec. 11. Section 10-148b of the general statutes is repealed and the Senate Bill No. 945
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following is substituted in lieu thereof (Effective July 1, 2021):
[(a)] On or before July 1, 2013, the Commissioner of Education shall
create a program of professional development for teachers, as defined
in section 10-144d, and principals in scientifically-based reading
research and instruction, as defined in section 10-14u. Such program of
professional development shall (1) count towards the professional
development requirements pursuant to section 10-148a, (2) be based on
data collected from student reading assessments, (3) provide
differentiated and intensified training in reading instruction for
teachers, (4) outline how mentor teachers will train teachers in reading
instruction, (5) outline how model classrooms will be established in
schools for reading instruction, (6) inform principals on how to evaluate
classrooms and teacher performance in scientifically-based reading
research and instruction, and (7) be job-embedded and local whenever
possible. In the case of any certified individual who is required to
complete the reading instruction survey, pursuant to section 10-145r, the
program of professional development for such individual shall be
designed using the results of such survey, in accordance with said
section 10-145r.
[(b) The Commissioner of Education shall annually review the
professional development required under section 10-148a for certified
employees who hold a professional educator certificate with an early
childhood nursery through grade three or an elementary endorsement
and who hold a position requiring such an endorsement. The
commissioner shall assess whether such professional development
meets the state goals for student academic achievement through
implementation of the common core state standards adopted by the
State Board of Education, research-based interventions in reading and
the Individuals With Disabilities Education Act, 20 USC 1400 et seq., as
amended from time to time. The commissioner shall submit such review
to the joint standing committee of the General Assembly having Senate Bill No. 945
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cognizance of matters relating to education, in accordance with the
provisions of section 11-4a.]
Sec. 12. Sections 10-3b, 10-5c and 10-10d of the general statutes are
repealed. (Effective July 1, 2021)