LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038-R02- HB.docx 1 of 35 General Assembly Substitute Bill No. 5038 February Session, 2022 AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS CONCERNING EDUCATION. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subdivision (2) of subsection (g) of section 10-266aa of the 1 2022 supplement to the general statutes is repealed and the following is 2 substituted in lieu thereof (Effective July 1, 2022): 3 (2) (A) For the fiscal year ending June 30, 2013, and each fiscal year 4 thereafter, the department shall provide, within available 5 appropriations, an annual grant to the local or regional board of 6 education for each receiving district if one of the following conditions 7 are met as follows: [(A)] (i) Three thousand dollars for each out-of-8 district student who attends school in the receiving district under the 9 program if the number of such out-of-district students is less than two 10 per cent of the total student population of such receiving district plus 11 any amount available pursuant to subparagraph (B) of this subdivision, 12 [(B)] (ii) four thousand dollars for each out-of-district student who 13 attends school in the receiving district under the program if the number 14 of such out-of-district students is greater than or equal to two per cent 15 but less than three per cent of the total student population of such 16 receiving district plus any amount available pursuant to subparagraph 17 (B) of this subdivision, [(C)] (iii) six thousand dollars for each out-of-18 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 2 of 35 district student who attends school in the receiving district under the 19 program if the number of such out-of-district students is greater than or 20 equal to three per cent but less than four per cent of the total student 21 population of such receiving district [, (D)] plus any amount available 22 pursuant to subparagraph (B) of this subdivision, (iv) six thousand 23 dollars for each out-of-district student who attends school in the 24 receiving district under the program if the Commissioner of Education 25 determines that the receiving district has an enrollment of greater than 26 four thousand students and has increased the number of students in the 27 program by at least fifty per cent from the previous fiscal year plus any 28 amount available pursuant to subparagraph (B) of this subdivision, or 29 [(E)] (v) eight thousand dollars for each out-of-district student who 30 attends school in the receiving district under the program if the number 31 of such out-of-district students is greater than or equal to four per cent 32 of the total student population of such receiving district plus any 33 amount available pursuant to subparagraph (B) of this subdivision. 34 (B) For the fiscal year ending June 30, 2023, and each fiscal year 35 thereafter, the department shall, in order to assist the state in meeting 36 its obligations under commitment 9B of the Comprehensive School 37 Choice Plan pursuant to the settlement in Sheff v. O'Neill, HHD-X07-38 CV89-4026240-S, provide, within available appropriations, an 39 additional grant to the local or regional board of education for each 40 receiving district in the amount of two thousand dollars for each out-of-41 district student who resides in the Hartford region and attends school 42 in the receiving district under the program. 43 Sec. 2. Subsections (a) to (c), inclusive, of section 10-262u of the 2022 44 supplement to the general statutes are repealed and the following is 45 substituted in lieu thereof (Effective July 1, 2022): 46 (a) As used in this section and section 10-262i: 47 (1) "Alliance district" means a school district for a town that [(A)] is 48 among the towns with the [thirty] thirty-three lowest accountability 49 index scores, as calculated by the Department of Education. [, or (B) was 50 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 3 of 35 previously designated as an alliance district by the Commissioner of 51 Education for the fiscal years ending June 30, 2013, to June 30, 2017, 52 inclusive.] 53 (2) "Graduated alliance district" means a school district for a town 54 that (A) was previously designated as an alliance district by the 55 commissioner for (i) the fiscal years ending June 30, 2013, to June 30, 56 2017, inclusive, or (ii) the fiscal years ending June 30, 2018, to June 30, 57 2022, inclusive, and (B) on and after July 1, 2022, is no longer among the 58 towns with the thirty-three lowest accountability index scores, as 59 calculated by the department. 60 [(2)] (3) "Accountability index" has the same meaning as provided in 61 section 10-223e. 62 [(3)] (4) "Mastery test data of record" has the same meaning as 63 provided in section 10-262f, as amended by this act. 64 [(4)] (5) "Educational reform district" means a school district that is in 65 a town that is among the ten lowest accountability index scores when 66 all towns are ranked highest to lowest in accountability index scores. 67 (b) (1) For the fiscal year ending June 30, 2013, the Commissioner of 68 Education shall designate thirty school districts as alliance districts. Any 69 school district designated as an alliance district shall be so designated 70 for a period of five years. On or before June 30, 2016, the Department of 71 Education shall determine if there are any additional alliance districts. 72 (2) For the fiscal year ending June 30, 2018, the commissioner shall 73 designate thirty-three school districts as alliance districts. Any school 74 district designated as an alliance district shall be so designated for a 75 period of five years. 76 (3) (A) For the fiscal year ending June 30, 2023, the commissioner shall 77 designate thirty-three school districts as alliance districts. Any school 78 district designated as an alliance district shall be so designated for a 79 period of five years. 80 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 4 of 35 (B) For the fiscal year ending June 30, 2023, the commissioner shall 81 designate any school districts that are no longer among the towns with 82 the thirty-three lowest accountability index scores, as calculated by the 83 department, on and after July 1, 2022, as graduated alliance districts. 84 Any school district designated as a graduated alliance district shall be 85 so designated for a period of five years. 86 (c) (1) (A) (i) For the fiscal year ending June 30, 2013, the Comptroller 87 shall withhold from a town designated as an alliance district any 88 increase in funds received over the amount the town received for the 89 prior fiscal year pursuant to section 10-262h, as amended by this act. The 90 Comptroller shall transfer such funds to the Commissioner of 91 Education. [(B)] (ii) For the fiscal years ending June 30, 2014, to June 30, 92 2016, inclusive, the Comptroller shall withhold from a town designated 93 as an alliance district any increase in funds received over the amount 94 the town received for the fiscal year ending June 30, 2012, pursuant to 95 subsection (a) of section 10-262i. [(C)] (iii) For the fiscal year ending June 96 30, 2017, the Comptroller shall withhold from a town designated as an 97 alliance district any increase in funds received over the amount the town 98 received for the fiscal year ending June 30, 2012, pursuant to subsection 99 (a) of section 10-262i, minus the aid reduction, as described in subsection 100 (d) of section 10-262i. [(D)] (iv) For the fiscal year ending June 30, 2018, 101 and each fiscal year thereafter, the Comptroller shall withhold from a 102 town designated as an alliance district any increase in funds received 103 over the amount the town received for the fiscal year ending June 30, 104 2012, pursuant to subsection (a) of section 10-262i. The Comptroller shall 105 transfer such funds to the Commissioner of Education. 106 (B) (i) For the fiscal year ending June 30, 2023, the Comptroller shall 107 withhold from a town designated as a graduated alliance district an 108 amount equal to the amount the Comptroller withheld from such 109 graduated alliance during the fiscal year ending June 30, 2022, pursuant 110 to clause (iv) of subparagraph (A) of this subdivision. (ii) For the fiscal 111 year ending June 30, 2024, the Comptroller shall withhold from a town 112 designated as a graduated alliance district an amount equal to seventy-113 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 5 of 35 five per cent of the amount the Comptroller withheld from such 114 graduated alliance during the fiscal year ending June 30, 2022, pursuant 115 to clause (iv) of subparagraph (A) of this subdivision. (iii) For the fiscal 116 year ending June 30, 2025, the Comptroller shall withhold from a town 117 designated as a graduated alliance district an amount equal to fifty per 118 cent of the amount the Comptroller withheld from such graduated 119 alliance during the fiscal year ending June 30, 2022, pursuant to clause 120 (iv) of subparagraph (A) of this subdivision. (iv) For the fiscal year 121 ending June 30, 2026, the Comptroller shall withhold from a town 122 designated as a graduated alliance district an amount equal to twenty-123 five per cent of the amount the Comptroller withheld from such 124 graduated alliance during the fiscal year ending June 30, 2022, pursuant 125 to clause (iv) of subparagraph (A) of this subdivision. (v) For the fiscal 126 year ending June 30, 2027, the Comptroller shall not withhold any such 127 amount from a town designated as a graduated alliance district. The 128 Comptroller shall transfer any funds withheld to the Commissioner of 129 Education. The Commissioner of Education may pay any such funds to 130 each such town designated as a graduated alliance district and such 131 town shall pay any such funds to the local or regional board of education 132 for such town upon receipt of an application, at such time and in such 133 manner as the commissioner prescribes. 134 (2) Upon receipt of an application pursuant to subsection (d) of this 135 section or section 10-156gg, the Commissioner of Education may pay 136 such funds to the town designated as an alliance district and such town 137 shall pay all such funds to the local or regional board of education for 138 such town on the condition that such funds shall be expended in 139 accordance with (A) the plan described in subsection (d) of this section, 140 (B) the minority candidate certification, retention or residency year 141 program pursuant to section 10-156gg, (C) the provisions of subsection 142 (c) of section 10-262i, and (D) any guidelines developed by the State 143 Board of Education for such funds. Such funds shall be used to improve 144 student achievement and recruit and retain minority teachers in such 145 alliance district and to offset any other local education costs approved 146 by the commissioner. 147 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 6 of 35 Sec. 3. Subsection (c) of section 10-262j of the 2022 supplement to the 148 general statutes is repealed and the following is substituted in lieu 149 thereof (Effective July 1, 2022): 150 (c) Except as otherwise provided under the provisions of subsections 151 (g) and (h) of this section, a town designated as an alliance district or a 152 graduated alliance district, as those terms are defined in section 10-262u, 153 as amended by this act, shall not reduce its budgeted appropriation for 154 education pursuant to this section. 155 Sec. 4. Section 10-262h of the 2022 supplement to the general statutes 156 is repealed and the following is substituted in lieu thereof (Effective July 157 1, 2022): 158 (a) For the fiscal year ending June 30, 2018, each town maintaining 159 public schools according to law shall be entitled to an equalization aid 160 grant as follows: (1) Any town designated as an alliance district, as 161 defined in section 10-262u, as amended by this act, shall be entitled to 162 an equalization aid grant in an amount equal to its base grant amount; 163 and (2) any town not designated as an alliance district shall be entitled 164 to an equalization aid grant in an amount equal to ninety-five per cent 165 of its base grant amount. 166 (b) For the fiscal year ending June 30, 2019, each town maintaining 167 public schools according to law shall be entitled to an equalization aid 168 grant as follows: (1) Any town whose fully funded grant is greater than 169 its base grant amount shall be entitled to an equalization aid grant in an 170 amount equal to its base grant amount plus four and one-tenth per cent 171 of its grant adjustment; and (2) any town whose fully funded grant is 172 less than its base grant amount shall be entitled to an equalization aid 173 grant in an amount equal to its base grant amount minus twenty-five 174 per cent of its grant adjustment, except any such town designated as an 175 alliance district shall be entitled to an equalization aid grant in an 176 amount equal to its base grant amount. 177 (c) For the fiscal years ending June 30, 2020, and June 30, 2021, each 178 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 7 of 35 town maintaining public schools according to law shall be entitled to an 179 equalization aid grant as follows: (1) Any town whose fully funded 180 grant is greater than its base grant amount shall be entitled to an 181 equalization aid grant in an amount equal to its equalization aid grant 182 amount for the previous fiscal year plus ten and sixty-six-one-183 hundredths per cent of its grant adjustment; and (2) any town whose 184 fully funded grant is less than its base grant amount shall be entitled to 185 an equalization aid grant in an amount equal to its equalization aid 186 grant amount for the previous fiscal year minus eight and thirty-three-187 one-hundredths per cent of its grant adjustment, except any such town 188 designated as an alliance district shall be entitled to an equalization aid 189 grant in an amount equal to its base grant amount. 190 (d) For the fiscal [years] year ending June 30, 2022, [and June 30, 2023,] 191 each town maintaining public schools according to law shall be entitled 192 to an equalization aid grant as follows: (1) Any town whose fully funded 193 grant is greater than its base grant amount shall be entitled to an 194 equalization aid grant in an amount equal to its equalization aid grant 195 amount for the previous fiscal year plus ten and sixty-six-one-196 hundredths per cent of its grant adjustment; and (2) any town whose 197 fully funded grant is less than its base grant amount shall be entitled to 198 an equalization aid grant in an amount equal to the amount the town 199 was entitled to for the fiscal year ending June 30, 2021. 200 [(e) For the fiscal years ending June 30, 2024, to June 30, 2027, 201 inclusive, each town maintaining public schools according to law shall 202 be entitled to an equalization aid grant as follows: (1) Any town whose 203 fully funded grant is greater than its base grant amount shall be entitled 204 to an equalization aid grant in an amount equal to its equalization aid 205 grant amount for the previous fiscal year plus ten and sixty-six-one-206 hundredths per cent of its grant adjustment; and (2) any town whose 207 fully funded grant is less than its base grant amount shall be entitled to 208 an equalization aid grant in an amount equal to its equalization aid 209 grant amount for the previous fiscal year minus eight and thirty-three-210 one-hundredths per cent of its grant adjustment, except any such town 211 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 8 of 35 designated as an alliance district shall be entitled to an equalization aid 212 grant in an amount equal to its base grant amount.] 213 (e) For the fiscal year ending June 30, 2023, each town maintaining 214 public schools according to law shall be entitled to an equalization aid 215 grant as follows: (1) Any town whose fully funded grant is greater than 216 its equalization aid grant amount for the previous fiscal year shall be 217 entitled to an equalization aid grant in an amount equal to its 218 equalization aid grant amount for the previous fiscal year plus sixteen 219 and sixty-seven-one-hundredths per cent of its grant adjustment; and 220 (2) any town whose fully funded grant is less than its equalization aid 221 grant amount for the previous fiscal year shall be entitled to an 222 equalization aid grant in an amount equal to the amount the town was 223 entitled to for the fiscal year ending June 30, 2022. 224 (f) For the fiscal year ending June 30, 2024, each town maintaining 225 public schools according to law shall be entitled to an equalization aid 226 grant as follows: (1) Any town whose fully funded grant is greater than 227 its equalization aid grant amount for the previous fiscal year shall be 228 entitled to an equalization aid grant in an amount equal to its 229 equalization aid grant amount for the previous fiscal year plus twenty 230 per cent of its grant adjustment; (2) any town whose fully funded grant 231 is less than its equalization aid grant amount for the previous fiscal year 232 shall be entitled to an equalization aid grant in an amount equal to its 233 equalization aid grant amount for the previous fiscal year minus 234 fourteen and twenty-nine-one-hundredths per cent of its grant 235 adjustment; and (3) any town designated as an alliance district or a 236 graduated alliance district shall be entitled to an equalization aid grant 237 in an amount that is the greater of (A) the amount described in either 238 subdivision (1) of this subsection or subdivision (2) of this subsection, as 239 applicable, (B) its base grant amount, or (C) its equalization aid grant 240 entitlement for the previous fiscal year. 241 (g) For the fiscal year ending June 30, 2025, each town maintaining 242 public schools according to law shall be entitled to an equalization aid 243 grant as follows: (1) Any town whose fully funded grant is greater than 244 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 9 of 35 its equalization aid grant amount for the previous fiscal year shall be 245 entitled to an equalization aid grant in an amount equal to its 246 equalization aid grant amount for the previous fiscal year plus twenty-247 five per cent of its grant adjustment; (2) any town whose fully funded 248 grant is less than its equalization aid grant amount for the previous fiscal 249 year shall be entitled to an equalization aid grant in an amount equal to 250 its equalization aid grant amount for the previous fiscal year minus 251 sixteen and sixty-seven-one-hundredths per cent of its grant 252 adjustment; and (3) any town designated as an alliance district or a 253 graduated alliance district shall be entitled to an equalization aid grant 254 in an amount that is the greater of (A) the amount described in either 255 subdivision (1) of this subsection or subdivision (2) of this subsection, as 256 applicable, (B) its base grant amount, or (C) its equalization aid grant 257 entitlement for the previous fiscal year. 258 (h) For the fiscal year ending June 30, 2026, each town maintaining 259 public schools according to law shall be entitled to an equalization aid 260 grant as follows: (1) Any town whose fully funded grant is greater than 261 its equalization aid grant amount for the previous fiscal year shall be 262 entitled to an equalization aid grant in an amount equal to its 263 equalization aid grant amount for the previous fiscal year plus thirty-264 three and thirty-three-one-hundredths per cent of its grant adjustment; 265 (2) any town whose fully funded grant is less than its equalization aid 266 grant amount for the previous fiscal year shall be entitled to an 267 equalization aid grant in an amount equal to its equalization aid grant 268 amount for the previous fiscal year minus twenty per cent of its grant 269 adjustment; and (3) any town designated as an alliance district or a 270 graduated alliance district shall be entitled to an equalization aid grant 271 in an amount that is the greater of (A) the amount described in either 272 subdivision (1) of this subsection or subdivision (2) of this subsection, as 273 applicable, (B) its base grant amount, or (C) its equalization aid grant 274 entitlement for the previous fiscal year. 275 (i) For the fiscal year ending June 30, 2027, each town maintaining 276 public schools according to law shall be entitled to an equalization aid 277 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 10 of 35 grant as follows: (1) Any town whose fully funded grant is greater than 278 its equalization aid grant amount for the previous fiscal year shall be 279 entitled to an equalization aid grant in an amount equal to its 280 equalization aid grant amount for the previous fiscal year plus fifty per 281 cent of its grant adjustment; (2) any town whose fully funded grant is 282 less than its equalization aid grant amount for the previous fiscal year 283 shall be entitled to an equalization aid grant in an amount equal to its 284 equalization aid grant amount for the previous fiscal year minus 285 twenty-five per cent of its grant adjustment; and (3) any town 286 designated as an alliance district or a graduated alliance district shall be 287 entitled to an equalization aid grant in an amount that is the greater of 288 (A) the amount described in either subdivision (1) of this subsection or 289 subdivision (2) of this subsection, as applicable, (B) its base grant 290 amount, or (C) its equalization aid grant entitlement for the previous 291 fiscal year. 292 (j) For the fiscal year ending June 30, 2028, each town maintaining 293 public schools according to law shall be entitled to an equalization aid 294 grant as follows: (1) Any town whose fully funded grant is greater than 295 its equalization aid grant amount for the previous fiscal year shall be 296 entitled to an equalization aid grant in an amount equal to its fully 297 funded grant; (2) any town whose fully funded grant is less than its 298 equalization aid grant amount for the previous fiscal year shall be 299 entitled to an equalization aid grant in an amount equal to its 300 equalization aid grant amount for the previous fiscal year minus thirty-301 three and thirty-three-one-hundredths per cent of its grant adjustment; 302 and (3) any town designated as an alliance district or a graduated 303 alliance district shall be entitled to an equalization aid grant in an 304 amount that is the greater of (A) the amount described in either 305 subdivision (1) of this subsection or subdivision (2) of this subsection, as 306 applicable, (B) its base grant amount, or (C) its equalization aid grant 307 entitlement for the previous fiscal year. 308 [(f)] (k) For the fiscal [years ending June 30, 2028, and] year ending 309 June 30, 2029, each town maintaining public schools according to law 310 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 11 of 35 shall be entitled to an equalization aid grant as follows: (1) Any town 311 whose fully funded grant is greater than its [base grant amount] 312 equalization aid grant amount for the previous fiscal year shall be 313 entitled to an equalization aid grant in an amount equal to its fully 314 funded grant; [and] (2) any town whose fully funded grant is less than 315 its [base grant amount] equalization aid grant amount for the previous 316 fiscal year shall be entitled to an equalization aid grant in an amount 317 equal to its equalization aid grant amount for the previous fiscal year 318 minus [eight and thirty-three-one-hundredths] fifty per cent of its grant 319 adjustment; [, except any such town designated as an alliance district 320 shall be entitled to an equalization aid grant in an amount equal to its 321 base grant amount] and (3) any town designated as an alliance district 322 or a graduated alliance district shall be entitled to an equalization aid 323 grant in an amount that is the greater of (A) the amount described in 324 either subdivision (1) of this subsection or subdivision (2) of this 325 subsection, as applicable, (B) its base grant amount, or (C) its 326 equalization aid grant entitlement for the previous fiscal year. 327 [(g)] (l) For the fiscal year ending June 30, 2030, and each fiscal year 328 thereafter, each town maintaining public schools according to law shall 329 be entitled to an equalization aid grant in an amount equal to its fully 330 funded grant, except any town designated as an alliance district [whose 331 fully funded grant amount is less than its base grant amount shall be 332 entitled to an equalization aid grant in an amount equal to its base grant 333 amount] or a graduated alliance district shall be entitled to an 334 equalization aid grant in an amount that is the greater of (A) the amount 335 described in either subdivision (1) of this subsection or subdivision (2) 336 of this subsection, as applicable, (B) its base grant amount, or (C) its 337 equalization aid grant entitlement for the previous fiscal year. 338 Sec. 5. Subdivision (2) of section 10-262f of the 2022 supplement to the 339 general statutes is repealed and the following is substituted in lieu 340 thereof (Effective July 1, 2022): 341 (2) "Base aid ratio" means [(A) for the fiscal years ending June 30, 342 2008, to June 30, 2013, inclusive, one minus the ratio of a town's wealth 343 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 12 of 35 to the state guaranteed wealth level, provided no town's aid ratio shall 344 be less than nine one-hundredths, except for towns which rank from one 345 to twenty when all towns are ranked in descending order from one to 346 one hundred sixty-nine based on the ratio of the number of children 347 below poverty to the number of children age five to seventeen, inclusive, 348 the town's aid ratio shall not be less than thirteen one-hundredths when 349 based on data used to determine the grants pursuant to section 10-262h 350 of the general statutes, revision of 1958, revised to January 1, 2013, for 351 the fiscal year ending June 30, 2008, (B) for the fiscal years ending June 352 30, 2014, to June 30, 2017, inclusive, one minus the town's wealth 353 adjustment factor, except that a town's aid ratio shall not be less than (i) 354 ten one-hundredths for a town designated as an alliance district, as 355 defined in section 10-262u, and (ii) two one-hundredths for a town that 356 is not designated as an alliance district, and (C)] for the fiscal year 357 ending June 30, 2018, and each fiscal year thereafter, the sum of [(i)] (A) 358 one minus the town's wealth adjustment factor, and [(ii)] (B) the town's 359 base aid ratio adjustment factor, if any, except that a town's base aid 360 ratio shall not be less than [(I)] (i) ten per cent for a town designated as 361 an alliance district, as defined in section 10-262u, as amended by this act, 362 or a priority school district, as described in section 10-266p, and [(II)] (ii) 363 one per cent for a town that is not designated as an alliance district or a 364 priority school district. 365 Sec. 6. Subdivision (49) of section 10-262f of the 2022 supplement to 366 the general statutes is repealed and the following is substituted in lieu 367 thereof (Effective July 1, 2022): 368 (49) "Grant adjustment" means the absolute value of the difference 369 between a town's [base grant amount] equalization aid grant 370 entitlement for the previous fiscal year and its fully funded grant. 371 Sec. 7. Subsection (b) of section 10-9 of the general statutes is repealed 372 and the following is substituted in lieu thereof (Effective July 1, 2022): 373 (b) Notwithstanding the provisions of subsection (a) of this section, 374 the State Board of Education may receive in the name of the state any 375 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 13 of 35 money or property given or bequeathed to the State Board of Education. 376 [or to any of the technical education and career schools.] Said board shall 377 transfer any such money to the State Treasurer who shall invest the 378 money in accordance with the provisions of section 3-31a. Said board 379 may use any such property for educational purposes. 380 Sec. 8. Section 10-55 of the general statutes is repealed and the 381 following is substituted in lieu thereof (Effective July 1, 2022): 382 No pupil from any town belonging to a regional school district shall, 383 at the expense of such town, attend any other school in lieu of that 384 provided by said district except a technical education and career school 385 operated by the Technical Education and Career System established 386 pursuant to section 10-95 approved by the State Board of Education, 387 unless his attendance at such other school is approved by the regional 388 board of education. 389 Sec. 9. Subsection (c) of section 10-74d of the general statutes is 390 repealed and the following is substituted in lieu thereof (Effective July 1, 391 2022): 392 (c) The Department of Education may retain (1) up to one per cent of 393 the amount appropriated for interdistrict cooperative grants pursuant 394 to this section for state-wide technical assistance, program monitoring 395 and evaluation, and administration, and (2) up to one per cent of such 396 amount for use by the Technical [High School] Education and Career 397 System for interdistrict summer school, weekend and after-school 398 programs. 399 Sec. 10. Subsection (a) of section 10-76q of the 2022 supplement to the 400 general statutes is repealed and the following is substituted in lieu 401 thereof (Effective July 1, 2022): 402 (a) The [State Board of Education, in accordance with regulations 403 adopted by said board] Technical Education and Career System, 404 established pursuant to section 10-95, shall: (1) Provide the professional 405 services necessary to identify, in accordance with section 10-76a, 406 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 14 of 35 children requiring special education who are enrolled at a technical 407 education and career school; (2) identify each such child; (3) determine 408 the appropriateness of the technical education and career school for the 409 educational needs of each such child; (4) provide an appropriate 410 educational program for each such child; (5) maintain a record thereof; 411 and (6) annually evaluate the progress and accomplishments of special 412 education programs provided by the Technical Education and Career 413 System. 414 Sec. 11. Section 10-95a of the general statutes is repealed and the 415 following is substituted in lieu thereof (Effective July 1, 2022): 416 [The State Board of Education shall establish] There shall be a student 417 activity program established at each technical education and career 418 school. Such programs shall consist of athletic and nonathletic activities. 419 State funds may be expended for the purposes of this section. 420 Sec. 12. Section 10-95e of the general statutes is repealed and the 421 following is substituted in lieu thereof (Effective July 1, 2022): 422 (a) The [State Board of Education shall] executive director of the 423 Technical Education and Career System shall take the necessary steps to 424 establish a Vocational Education Extension Fund. Within said 425 Vocational Education Extension Fund, there is established an account to 426 be known as the "vocational education extension account". The 427 Vocational Education Extension Fund may include other accounts 428 separate and apart from the vocational education extension account. 429 The vocational education extension account shall be used for the 430 operation of preparatory and supplemental programs, including 431 apprenticeship programs in accordance with subsection (b) of this 432 section, and for the purchase of such materials and equipment required 433 for use in the operation of said programs. All proceeds derived from the 434 operation of said programs and revenue collected for rental or use of 435 school facilities shall be credited to and become a part of the resources 436 of said vocational education extension account, except as provided in 437 subsection (b) of this section. All direct expenses incurred in the conduct 438 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 15 of 35 of said programs shall be charged, and any payments of interest and 439 principal of bonds or any sums transferable to any fund for the payment 440 of interest and principal of bonds and any cost of equipment for such 441 operations may be charged, against said vocational education extension 442 account on order of the State Comptroller. Any balance of receipts above 443 expenditures shall remain in said vocational education extension 444 account to be used for said program and for the acquisition, as provided 445 by section 4b-21, alteration and repairs of real property for educational 446 facilities for such programs, except such sums as may be required to be 447 transferred from time to time to any fund for the redemption of bonds 448 and payment of interest on bonds, provided capital projects costing over 449 one hundred thousand dollars shall require the approval of the General 450 Assembly or, when the General Assembly is not in session, of the 451 Finance Advisory Committee. The Technical Education and Career 452 System board shall fix the tuition fees to be charged students for 453 preparatory and supplemental programs including apprenticeship 454 programs. Not less than half of the tuition fee charged for any 455 apprenticeship program shall be paid by the employer. 456 (b) The [State Board of Education shall] executive director shall take 457 the necessary steps to establish an apprenticeship account within the 458 Vocational Education Extension Fund. All proceeds derived from the 459 operation of apprenticeship programs shall be deposited in the 460 Vocational Education Extension Fund and shall be credited to and 461 become a part of the resources of the apprenticeship account which shall 462 be used for the operation of apprenticeship programs and for the 463 purchase of materials and equipment required for such programs. 464 Sec. 13. Section 10-95h of the 2022 supplement to the general statutes 465 is repealed and the following is substituted in lieu thereof (Effective July 466 1, 2022): 467 (a) Not later than November thirtieth each year, the joint standing 468 committees of the General Assembly having cognizance of matters 469 relating to education, higher education and employment advancement 470 and labor shall meet with the chairperson of the Technical Education 471 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 16 of 35 and Career System board, [and] the superintendent of the Technical 472 Education and Career System, the executive director of the Technical 473 Education and Career System, the Labor Commissioner and such other 474 persons as they deem appropriate to consider the items submitted 475 pursuant to subsection (b) of this section. 476 (b) On or before November fifteenth, annually: 477 (1) The Labor Commissioner shall submit the following to the joint 478 standing committees of the General Assembly having cognizance of 479 matters relating to education, higher education and employment 480 advancement and labor: (A) Information identifying general economic 481 trends in the state; (B) occupational information regarding the public 482 and private sectors, such as continuous data on occupational 483 movements; and (C) information identifying emerging regional, state 484 and national workforce needs over the next ten years. 485 (2) The [superintendent] executive director of the Technical 486 Education and Career System shall submit the following to the joint 487 standing committees of the General Assembly having cognizance of 488 matters relating to education, higher education and employment 489 advancement and labor: (A) Information ensuring that the curriculum 490 of the Technical Education and Career System is incorporating those 491 workforce skills that will be needed for the next ten years, as identified 492 by the Labor Commissioner in subdivision (1) of this subsection, into the 493 technical education and career schools; (B) information regarding the 494 employment status of students who graduate from or complete an 495 approved program of study at the Technical Education and Career 496 System, including, but not limited to: (i) Demographics such as age and 497 gender, (ii) course and program enrollment and completion, (iii) 498 employment status, and (iv) wages prior to enrolling and after 499 graduating; (C) an assessment of the adequacy of the resources available 500 to the Technical Education and Career System as the system develops 501 and refines programs to meet existing and emerging workforce needs; 502 (D) recommendations to the Technical Education and Career System 503 board to carry out the provisions of subparagraphs (A) to (C), inclusive, 504 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 17 of 35 of this subdivision; (E) information regarding staffing at each technical 505 education and career school for the current academic year; and (F) 506 information regarding the transition process of the Technical Education 507 and Career System as an independent agency, including, but not limited 508 to, the actions taken by the Technical Education and Career System 509 board and the [superintendent] executive director to create a budget 510 process and maintain programmatic consistency for students enrolled 511 in the technical education and career system. The [superintendent] 512 executive director shall collaborate with the Labor Commissioner to 513 obtain information as needed to carry out the provisions of this 514 subsection. 515 Sec. 14. Section 10-95j of the general statutes is repealed and the 516 following is substituted in lieu thereof (Effective July 1, 2022): 517 The [State Board of Education] Technical Education and Career 518 System board shall include in the report required pursuant to section 519 10-95k, a summary of the following: 520 (1) Admissions policies for the Technical Education and Career 521 System; 522 (2) Recruitment and retention of faculty; 523 (3) Efforts to strengthen consideration of the needs of and to develop 524 greater public awareness of the Technical Education and Career System; 525 and 526 (4) Efforts to strengthen the role of [school craft committees] career 527 and technical education advisory committees and increase employer 528 participation. 529 Sec. 15. Section 10-95l of the general statutes is repealed and the 530 following is substituted in lieu thereof (Effective July 1, 2022): 531 The [Department of Education] superintendent of the Technical 532 Education and Career System shall provide in-service training 533 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 18 of 35 programs, in accordance with subsection (a) of section 10-220a, for the 534 teachers, administrators and pupil personnel employed in the 535 [Technical Education and Career System] system who hold the initial 536 educator, provisional educator or professional educator certificate. In 537 addition, the [department] system shall provide programs to enhance 538 the knowledge and skill level of such teachers in their vocational or 539 technical field. 540 Sec. 16. Section 10-95o of the general statutes is repealed and the 541 following is substituted in lieu thereof (Effective July 1, 2022): 542 (a) (1) The [State Board of Education] executive director of the 543 Technical Education and Career System shall not close or suspend 544 operations of any technical education and career school for more than 545 six months unless the Technical Education and Career System board (A) 546 holds a public hearing at the school that may be closed or whose 547 operations may be suspended, (B) develops and makes available a 548 comprehensive plan for such school in accordance with the provisions 549 of subsection (b) of this section, and (C) affirmatively votes to 550 recommend that the executive director close or suspend operations at a 551 meeting duly called. Such public hearing shall be held after normal 552 school hours and at least thirty days prior to any vote of the board 553 pursuant to subparagraph (C) of this subdivision. The executive director 554 may close or suspend operations following receipt of the 555 recommendation from the board. 556 (2) The [board] executive director shall not extend the closure or 557 suspension of operations of a technical education and career school 558 beyond the period set forth in the comprehensive plan described in 559 subsection (b) of this section unless the board (A) holds another public 560 hearing at a location in the town in which the school is located, after 561 normal school hours and at least thirty days prior to any vote of the 562 board [pursuant to subparagraph (C) of this subdivision] to recommend 563 that the executive director extend such closure or suspension of 564 operations, (B) develops and makes available a new comprehensive 565 plan for such school in accordance with the provisions of subsection (b) 566 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 19 of 35 of this section, and (C) affirmatively votes to recommend that the 567 executive director extend such closure or suspension of [school] 568 operations at a meeting duly called. 569 (b) The [State Board of Education] executive director shall develop a 570 comprehensive plan regarding the closure or suspension of operations 571 of any technical education and career school prior to the public hearing 572 described in subsection (a) of this section. Such comprehensive plan 573 shall include, but not be limited to, (1) an explanation of the reasons for 574 the school closure or suspension of operations, including a cost-benefit 575 analysis of such school closing or suspension of operations, (2) the 576 length of the school closure or suspension of operations, (3) the financial 577 plan for the school during the closure or suspension of operations, 578 including, but not limited to, the costs of such school closure or 579 suspension of operations, (4) a description of the transitional phase to 580 school closure or suspension of operations and a description of the 581 transitional phase to reopening the school, (5) an explanation of what 582 will happen to students currently enrolled at such school during the 583 school closure or suspension of operations, including, but not limited to, 584 available technical education and career schools for such students to 585 attend and transportation for such students to such schools, (6) an 586 explanation of what will happen to school personnel during the school 587 closure or suspension of operations, including, but not limited to, 588 employment at other schools, and (7) an explanation of how the school 589 building and property will be used during the school closure or 590 suspension of operations. The [State Board of Education] executive 591 director shall provide for the mailing of such comprehensive plan to 592 parents and guardians of students enrolled at the school and to school 593 personnel employed at such school, and make such comprehensive plan 594 available on the school's web site at least fourteen days prior to the 595 public hearing described in subsection (a) of this section. 596 (c) The [State Board of Education] Technical Education and Career 597 System shall be responsible for transporting any student enrolled in a 598 technical education and career school that is closed or whose operations 599 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 20 of 35 are suspended pursuant to this section to another technical education 600 and career school during such period of closure or suspension of 601 operations, and the board shall be responsible for the costs associated 602 with such transportation. 603 Sec. 17. Section 10-95q of the general statutes is repealed and the 604 following is substituted in lieu thereof (Effective July 1, 2022): 605 [(a) (1) On or after July 1, 2017, until June 30, 2023, the Technical 606 Education and Career System board may recommend a candidate for 607 superintendent of the Technical Education and Career System to the 608 Commissioner of Education. The commissioner may hire or reject any 609 candidate for superintendent recommended by the board. If the 610 commissioner rejects a candidate for superintendent, the board shall 611 recommend another candidate for superintendent to the commissioner. 612 The term of office of the superintendent hired under this subdivision 613 shall expire on June 30, 2023.] 614 [(2)] (a) (1) On and after July 1, [2023] 2022, the Technical Education 615 and Career System board shall recommend a candidate for 616 superintendent of the Technical Education and Career System to the 617 executive director of the Technical Education and Career System. The 618 executive director may hire or reject any candidate for superintendent 619 recommended by the board. If the executive director rejects a candidate 620 for superintendent, the board shall recommend another candidate for 621 superintendent to the executive director until the executive director 622 hires a candidate for superintendent. 623 (2) The term of office of the superintendent [hired under this 624 subdivision] shall be three years and may be extended by the executive 625 director, after consultation with the Technical Education and Career 626 System board regarding such extension, for no more than three years at 627 any one time. 628 (3) (A) No candidate may be hired as, or assume the duties and 629 responsibilities of, the superintendent until the executive director 630 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 21 of 35 receives written confirmation from the Commissioner of Education that 631 such candidate is properly certified under chapter 166 or has been 632 granted a waiver of certification by the commissioner pursuant to 633 subsection (c) of section 10-157. 634 (B) The board may recommend, and the executive director may hire, 635 a candidate who is not properly certified under chapter 166 to serve as 636 acting superintendent for a probationary period not to exceed one 637 school year, provided the executive director receives approval from the 638 Commissioner of Education. During such probationary period such 639 acting superintendent shall assume all duties of the superintendent for 640 the time specified and shall successfully complete a school leadership 641 program, approved by the State Board of Education, offered at a public 642 or private institution of higher education in the state. At the conclusion 643 of such probationary period, the executive director may request the 644 commissioner to grant a waiver of certification for such acting 645 superintendent pursuant to subsection (c) of section 10-157, or a one-646 time extension of such probationary period, not to exceed one additional 647 school year, if the commissioner determines that the executive director 648 has demonstrated a significant need or hardship for such extension. 649 (b) (1) The superintendent of the Technical Education and Career 650 System shall be responsible for the operation, supervision and 651 administration of the technical education and career schools and all 652 other matters relating to vocational, technical, technological and 653 postsecondary education in the system. The superintendent, in 654 consultation with the executive director, shall develop and revise, as 655 necessary, administrative policies for the operation of the technical 656 education and career schools and programs offered in the system. Any 657 such administrative policies developed or revised under this 658 subdivision shall not be deemed to be regulations, as defined in section 659 4-166. 660 (2) The executive director, in consultation with the board, shall 661 evaluate, at least annually, the performance of the superintendent in 662 accordance with guidelines and criteria established by the executive 663 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 22 of 35 director and the board. 664 Sec. 18. Subsection (a) of section 10-95r of the general statutes is 665 repealed and the following is substituted in lieu thereof (Effective July 1, 666 2022): 667 (a) The Technical Education and Career System shall be under the 668 direction of the executive director of the Technical Education and Career 669 System, whose appointment shall be made by the Governor. Such 670 appointment shall be in accordance with the provisions of sections 4-5 671 to 4-8, inclusive. Any person appointed to be the executive director shall 672 have experience with educational systems. The executive director of the 673 Technical Education and Career System shall be responsible for the 674 operation, supervision and administration and the financial 675 accountability and oversight of the Technical Education and Career 676 System in matters relating to the central office, system-wide 677 management and other noneducational matters. The executive director 678 shall organize the Technical Education and Career System into such 679 bureaus, divisions and other units as may be necessary for the efficient 680 conduct of the business of the system, and may, from time to time, 681 create, abolish, transfer or consolidate within the system any bureau, 682 division or other unit as may be necessary for the efficient conduct of 683 the business of the system. The executive director may appoint, and may 684 prescribe the duties of any subordinates, agents and employees as he or 685 she finds necessary in the conduct of the system. 686 Sec. 19. Subsection (e) of section 10-95r of the general statutes is 687 repealed and the following is substituted in lieu thereof (Effective July 1, 688 2022): 689 (e) The executive director shall [establish] ensure that the 690 superintendent of the Technical Education and Career System 691 establishes a master schedule for the Technical Education and Career 692 System and may amend such master schedule from time to time. 693 Sec. 20. Section 10-95s of the 2022 supplement to the general statutes 694 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 23 of 35 is repealed and the following is substituted in lieu thereof (Effective July 695 1, 2022): 696 (a) The Technical Education and Career System shall be advised by a 697 Technical Education and Career System board. The board shall consist 698 of eleven members [and shall include at least the following,] as follows: 699 (1) [two] Two members [with] appointed by the Governor who shall 700 have experience in manufacturing or a trade offered by the Technical 701 Education and Career System, or who are alumni of the system, (2) two 702 members appointed by the Governor who are executives of 703 Connecticut-based employers and who [shall be] have been nominated 704 by the Governor's Workforce Council, established pursuant to section 705 31-3h, [. The Commissioners] (3) the Commissioner of Education, [and] 706 or the commissioner's designee, (4) the Commissioner of Economic and 707 Community Development, or the commissioner's designee, (5) the 708 Labor Commissioner, [and] or the commissioner's designee, (6) the 709 Chief Workforce Officer, or [their respective designees, shall serve as ex-710 officio members of the board] the officer's designee, and (7) three 711 members appointed by the Governor. Members of the board [shall be] 712 appointed by the Governor shall be so appointed with the advice and 713 consent of the General Assembly, in accordance with the provisions of 714 section 4-7. Any vacancy shall be filled in the manner provided in 715 section 4-19. The Governor shall appoint the chairperson and may 716 remove a member for inefficiency, neglect of duty or misconduct in 717 office. Members of the board shall not be employees of the Technical 718 Education and Career System. 719 (b) The board shall advise the superintendent of the Technical 720 Education and Career System and the executive director of the Technical 721 Education and Career System on matters relating to vocational, 722 technical, technological and postsecondary education and training. The 723 board may create any advisory boards or appoint any committees as it 724 deems necessary for the efficient conduct of its business. The executive 725 director, in conjunction with the superintendent, may arrange for 726 training to be provided to the board at such times, and on such matters, 727 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 24 of 35 as are deemed appropriate to assist the board in the conduct of its 728 business. 729 (c) The board may recommend to the executive director and 730 superintendent policies to attract and retain students who will pursue 731 careers that meet workforce needs and govern the admission of students 732 to any technical education and career school in compliance with state 733 and federal law. 734 (d) The board shall establish specific achievement goals for students 735 at the technical education and career schools at each grade level. The 736 board shall measure the performance of each technical education and 737 career school and shall identify a set of quantifiable measures to be used. 738 The measures shall include factors such as the performance of students 739 [in grade ten or eleven on the mastery examination, under section 10-740 14n] on standardized academic assessments, trade-related assessment 741 tests, dropout rates and graduation rates. 742 Sec. 21. Section 10-96c of the general statutes is repealed and the 743 following is substituted in lieu thereof (Effective July 1, 2022): 744 The [Commissioner of Education] executive director of the Technical 745 Education and Career System may indemnify and hold harmless any 746 person, as defined in section 1-79, who makes a gift of tangible property 747 or properties with a fair market value in excess of one thousand dollars 748 to [the Department of Education or] the Technical Education and Career 749 System for instructional purposes. Any indemnification under this 750 section shall be solely for any damages caused as a result of the use of 751 such tangible property, provided there shall be no indemnification for 752 any liability resulting from (1) intentional or wilful misconduct by the 753 person providing such tangible property to the department or the 754 Technical Education and Career System, or (2) hidden defects in such 755 tangible property that are known to and not disclosed by the person 756 providing such tangible property to the department or the Technical 757 Education and Career System at the time the gift is made. 758 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 25 of 35 Sec. 22. Section 10-97a of the general statutes is repealed and the 759 following is substituted in lieu thereof (Effective July 1, 2022): 760 [On or before July 15, 2010, and annually thereafter, the State Board 761 of Education] The superintendent of the Technical Education and 762 Career System shall arrange for the annual inspection, in accordance 763 with the provisions of section 14-282a, of those school buses, as defined 764 in section 14-275, in operation in the Technical Education and Career 765 System. 766 Sec. 23. Section 10-97b of the general statutes is repealed and the 767 following is substituted in lieu thereof (Effective July 1, 2022): 768 (a) [On and after July 1, 2010, the State Board of Education] The 769 executive director of the Technical Education and Career System shall 770 take the necessary steps to replace any school bus that (1) is twelve years 771 or older and is in service at any technical education and career school, 772 or (2) has been subject to an out-of-service order, as defined in section 773 14-1, for two consecutive years for the same reason. 774 (b) [On or before July 1, 2011, and annually thereafter, the 775 superintendent] The executive director of the Technical Education and 776 Career System shall annually submit, in accordance with the provisions 777 of section 11-4a, to the Secretary of the Office of Policy and Management 778 and to the joint standing committees of the General Assembly having 779 cognizance of matters relating to education and finance, revenue and 780 bonding a report on the replacement of school buses in service in the 781 Technical Education and Career System, pursuant to subsection (a) of 782 this section. Such report shall include the number of school buses 783 replaced in the previous school year and a projection of the number of 784 school buses anticipated to be replaced in the upcoming school year. 785 Sec. 24. Section 10-98a of the general statutes is repealed and the 786 following is substituted in lieu thereof (Effective July 1, 2022): 787 The principal of each technical education and career school, or the 788 principal's designee, shall meet with members of the business 789 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 26 of 35 community, representatives of electric, gas, water and wastewater 790 utilities and representatives from state colleges and universities offering 791 courses in public utility management within the geographic area served 792 by the technical education and career school to develop a plan to assess 793 workforce needs of the community and such utilities and implement 794 curriculum modifications to address those needs. The executive director 795 of the Technical Education and Career System may convene regional or 796 state-wide meetings to address the workforce needs of such utilities. 797 Sec. 25. Section 10-98b of the general statutes is repealed and the 798 following is substituted in lieu thereof (Effective July 1, 2022): 799 The [superintendent] executive director of the Technical Education 800 and Career System shall consult with each (1) regional community-801 technical college, and (2) local or regional board of education (A) for a 802 town in which a technical education and career school is located, and 803 (B) that offers any career technical education programs, for the purpose 804 of establishing partnerships, reducing redundancies and consolidating 805 programmatic offerings and to fulfill workforce needs in the state. 806 Sec. 26. Section 10-99 of the general statutes is repealed and the 807 following is substituted in lieu thereof (Effective July 1, 2022): 808 The [State Board of Education] Technical Education and Career 809 System shall use the industrial account within the Vocational Education 810 Extension Fund, established in connection with its administration of 811 vocational, technical and technological education and training, as a 812 revolving account in securing personal services, contractual services 813 and materials and supplies, with such equipment as may be chargeable 814 to the cost of a specific production contract or equipment of a nature 815 which may be properly chargeable to the account in general, provided 816 the account shall not incur a deficit in securing equipment which may 817 be properly chargeable to the account in general, in the establishment 818 and continuance of such productive work as such schools perform in 819 connection with the board's educational program for such schools. 820 Claims against the state on behalf of [said board] the Technical 821 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 27 of 35 Education and Career System shall be paid by order of the Comptroller 822 drawn against said account. The proceeds of all sales resulting from the 823 productive work of the schools shall be paid into the State Treasury and 824 credited to said account. Within ten months after the close of each fiscal 825 period any balance, as of the close of such fiscal period, in excess of five 826 hundred thousand dollars, as shown by the inventory of manufactured 827 articles, material on hand or in process of being manufactured, bills 828 receivable and cash balance, after deduction of obligations, in the 829 industrial account shall revert to the General Fund. 830 Sec. 27. Section 10-99h of the general statutes is repealed and the 831 following is substituted in lieu thereof (Effective July 1, 2022): 832 [(a) For the fiscal years ending June 30, 2018, to June 30, 2022, 833 inclusive, the superintendent of the Technical Education and Career 834 System shall create and maintain a list that includes an inventory of all 835 technical and vocational equipment, supplies and materials purchased 836 or obtained and used in the provision of career technical education in 837 each technical education and career school and across the Technical 838 Education and Career System. The board shall consult such list (1) 839 during the preparation of the budget for the Technical Education and 840 Career System, pursuant to section 10-99g, (2) prior to purchasing or 841 obtaining any new equipment, supplies or materials, and (3) for the 842 purpose of sharing equipment, supplies and materials among technical 843 education and career schools.] 844 [(b) For the fiscal year ending June 30, 2023, and each fiscal year 845 thereafter, the] The executive director of the Technical Education and 846 Career System shall create and maintain a list that includes an inventory 847 of all technical and vocational equipment, supplies and materials 848 purchased or obtained and used in the provision of career technical 849 education in each technical education and career school and across the 850 Technical Education and Career System. The executive director shall 851 consult such list (1) during the preparation of the budget for the 852 Technical Education and Career System, pursuant to section 10-99g, (2) 853 prior to purchasing or obtaining any new equipment, supplies or 854 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 28 of 35 materials, and (3) for the purpose of sharing equipment, supplies and 855 materials among technical education and career schools. 856 Sec. 28. Subdivision (14) of section 10-183b of the 2022 supplement to 857 the general statutes is repealed and the following is substituted in lieu 858 thereof (Effective July 1, 2022): 859 (14) "Employer" means an elected school committee, a board of 860 education, the State Board of Education, the Technical Education and 861 Career System, the Office of Early Childhood, the Board of Regents for 862 Higher Education or any of the constituent units, the governing body of 863 the Children's Center and its successors, the E. O. Smith School and any 864 other activity, institution or school employing members. 865 Sec. 29. Subdivision (20) of section 10-183b of the 2022 supplement to 866 the general statutes is repealed and the following is substituted in lieu 867 thereof (Effective July 1, 2022): 868 (20) "Public school" means any day school conducted within or 869 without this state under the orders and superintendence of a duly 870 elected school committee, a board of education, the State Board of 871 Education, the Technical Education and Career System, the Office of 872 Early Childhood, the board of governors or any of its constituent units, 873 the E. O. Smith School, the Children's Center and its successors, the State 874 Education Resource Center established pursuant to section 10-4q of the 875 2014 supplement to the general statutes, revision of 1958, revised to 876 January 1, 2013, the State Education Resource Center established 877 pursuant to section 10-357a, joint activities of boards of education 878 authorized by subsection (b) of section 10-158a and any institution 879 supported by the state at which teachers are employed or any 880 incorporated secondary school not under the orders and 881 superintendence of a duly elected school committee or board of 882 education but located in a town not maintaining a high school and 883 providing free tuition to pupils of the town in which it is located, and 884 which has been approved by the State Board of Education under the 885 provisions of part II of chapter 164, provided that such institution or 886 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 29 of 35 such secondary school is classified as a public school by the retirement 887 board. 888 Sec. 30. Subdivision (26) of section 10-183b of the 2022 supplement to 889 the general statutes is repealed and the following is substituted in lieu 890 thereof (Effective July 1, 2022): 891 (26) "Teacher" means (A) any teacher, permanent substitute teacher, 892 principal, assistant principal, supervisor, assistant superintendent or 893 superintendent employed by the public schools in a professional 894 capacity while possessing a certificate or permit issued by the State 895 Board of Education, provided on and after July 1, 1975, such certificate 896 shall be for the position in which the person is then employed, except as 897 provided for in section 10-183qq, (B) certified personnel who provide 898 health and welfare services for children in nonprofit schools, as 899 provided in section 10-217a, under an oral or written agreement, (C) any 900 person who is engaged in teaching or supervising schools for adults if 901 the annual salary paid for such service is equal to or greater than the 902 minimum salary paid for a regular, full-time teaching position in the 903 day schools in the town where such service is rendered, (D) a member 904 of the professional staff of the State Board of Education, the Technical 905 Education and Career System, the Office of Early Childhood, or of the 906 Board of Regents for Higher Education or any of the constituent units, 907 and (E) a member of the staff of the State Education Resource Center 908 established pursuant to section 10-4q of the 2014 supplement to the 909 general statutes, revision of 1958, revised to January 1, 2013, or the State 910 Education Resource Center established pursuant to section 10-357a, 911 employed in a professional capacity while possessing a certificate or 912 permit issued by the State Board of Education. A "permanent substitute 913 teacher" is one who serves as such for at least ten months during any 914 school year. 915 Sec. 31. Subsection (a) of section 10-183n of the general statutes is 916 repealed and the following is substituted in lieu thereof (Effective July 1, 917 2022): 918 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 30 of 35 (a) Each employer shall: (1) Before employing a teacher notify such 919 teacher of the provisions of this chapter applicable to such teacher; (2) 920 distribute, post or otherwise disseminate in a timely manner, to teachers 921 in its employ, any notices, bulletins, newsletters, annual statements of 922 account and other information supplied by the board for the purpose of 923 properly notifying teachers of their rights and obligations under the 924 system; (3) furnish to the board at times designated by said board such 925 reports and information as the board deems necessary or desirable for 926 the proper administration of the system; and (4) deduct each month 927 seven and one-fourth per cent of one-tenth of such teacher's annual 928 salary rate as directed by said board and any additional voluntary 929 deductions as authorized by such teacher, except that no deductions 930 shall be made from any amounts received by regularly employed 931 teachers for special teaching assignments rendered for the State Board 932 of Education, the Technical Education and Career System or the Board 933 of Regents for Higher Education unless the salary for such special 934 teaching assignment is equal to or greater than the minimum salary paid 935 for such teacher's regular teaching assignment. 936 Sec. 32. Subsection (b) of section 10-183v of the 2022 supplement to 937 the general statutes is repealed and the following is substituted in lieu 938 thereof (Effective July 1, 2022): 939 (b) A teacher receiving retirement benefits from the system may be 940 reemployed for up to one full school year by a local board of education, 941 the State Board of Education, the Technical Education and Career 942 System or by any constituent unit of the state system of higher education 943 (1) in a position designated by the Commissioner of Education as a 944 subject shortage area for the school year in which the teacher is being 945 employed, (2) at a school located in a school district identified as a 946 priority school district, pursuant to section 10-266p, for the school year 947 in which the teacher is being employed, (3) if the teacher graduated from 948 a public high school in an educational reform district, as defined in 949 section 10-262u, as amended by this act, or (4) if the teacher graduated 950 from an historically black college or university or a Hispanic-serving 951 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 31 of 35 institution, as those terms are defined in the Higher Education Act of 952 1965, P.L. 89-329, as amended from time to time, and reauthorized by 953 the Higher Education Opportunity Act of 2008, P.L. 110-315, as 954 amended from time to time. Notice of such reemployment shall be sent 955 to the board by the employer and by the retired teacher at the time of 956 hire and at the end of the assignment. Such reemployment may be 957 extended for one additional school year, not to exceed two school years 958 over the lifetime of the retiree, provided the local board of education (A) 959 submits a written request for approval to the Teachers' Retirement 960 Board, (B) certifies that no qualified candidates are available prior to the 961 reemployment of such teacher, and (C) indicates the type of assignment 962 to be performed, the anticipated date of rehire and the expected 963 duration of the assignment. 964 Sec. 33. Section 5-177 of the general statutes is repealed and the 965 following is substituted in lieu thereof (Effective July 1, 2022): 966 Any person in the unclassified service employed full time by the 967 Board of Trustees of The University of Connecticut, the State Board of 968 Education, the Technical Education and Career System, the Department 969 of Rehabilitative Services, the Connecticut Agricultural Experiment 970 Station, the American School for the Deaf, the Connecticut Institute for 971 the Blind, the Newington Children's Hospital, the Board of Trustees of 972 the Connecticut State University System or the Board of Trustees of the 973 Community-Technical Colleges, as a teacher or administrator in a 974 position directly involved in educational activities in any state-operated 975 institution or the Board of Regents for Higher Education, who served 976 prior to such person's employment by the state in a full-time teaching, 977 administrative or research position in an educational institution in or 978 under the authority of a state department of education or a department 979 of education for the blind in the United States approved by the 980 Retirement Commission, or who was employed by such institution but 981 served all or part of such service time in a foreign country, for which 982 service such person has received or will receive no retirement benefit or 983 pension, may gain credit for such prior service, not to exceed ten years 984 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 32 of 35 in the aggregate, by making retirement contributions for each year of 985 such prior service equal to six per cent of such person's annual rate of 986 compensation when such person first became a full-time employee of 987 this state; provided such payment shall be made within one year of such 988 person's first full-time employment with the state, or before July 1, 1968, 989 whichever is later, but for the Board of Higher Education and Technical 990 Colleges, July 1, 1974. When a person who has gained credit for such 991 prior service retires, not more than one year of such service may be 992 counted for each two years of state service; provided, if such person has 993 purchased more of such service than can be counted, refund on the 994 amount paid on the extra years of service shall be made. 995 Sec. 34. Subdivision (12) of section 5-198 of the general statutes is 996 repealed and the following is substituted in lieu thereof (Effective July 1, 997 2022): 998 (12) All members of the professional and technical staffs of the 999 constituent units of the state system of higher education, as defined in 1000 section 10a-1, of all other state institutions of learning, of the Board of 1001 Regents for Higher Education, and of the agricultural experiment 1002 station at New Haven, professional and managerial employees of the 1003 Department of Education and the Office of Early Childhood, teachers 1004 and administrators employed by the Technical Education and Career 1005 System and teachers certified by the State Board of Education and 1006 employed in teaching positions at state institutions; 1007 Sec. 35. Subsection (a) of section 5-242 of the general statutes is 1008 repealed and the following is substituted in lieu thereof (Effective July 1, 1009 2022): 1010 (a) Any board of trustees of a state institution and any state agency 1011 other than the State Board of Education, the Technical Education and 1012 Career System or the Board of Governors of Higher Education or its 1013 constituent units, hereinafter referred to as the "employer", may 1014 authorize the superintendent or supervising agent to employ personnel 1015 for unclassified positions requiring a certificate under section 10-145 1016 Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 33 of 35 below the rank of superintendent. Any superintendent or supervising 1017 agent not authorized to employ such persons shall submit to such 1018 employer nominations for such positions under his jurisdiction and, 1019 from the persons so nominated, such employer may employ persons to 1020 fill such positions. Such employer shall accept or reject such 1021 nominations within one month from their submission. If such 1022 nominations are rejected, the superintendent or supervising agent shall 1023 submit to such employer other nominations, and such employer may 1024 employ persons from among those nominated to fill such positions and 1025 shall accept or reject such nominations within one month from their 1026 submission. The contract of employment of such unclassified personnel 1027 below the rank of superintendent shall be in writing and may be 1028 terminated at any time for any of the reasons enumerated in 1029 subdivisions (1) to (6), inclusive, of subsection (b) of this section, but 1030 otherwise it shall be renewed for a second, third or fourth year unless 1031 such employee has been notified in writing prior to March first in one 1032 school year that such contract will not be renewed for the following 1033 year, provided, upon the employee's written request, such notice shall 1034 be supplemented within five days after receipt of such request by a 1035 statement of the reason or reasons for such failure to renew. Such 1036 employee may, upon written request filed with the employer within ten 1037 days after the receipt of such notice, be entitled to a hearing before the 1038 board to be held within fifteen days of such request. The employee shall 1039 have the right to appear with counsel of his choice at such hearing. 1040 Sec. 36. Sections 10-4r, 10-13 and 10-95m of the general statutes are 1041 repealed. (Effective July 1, 2022) 1042 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2022 10-266aa(g)(2) Sec. 2 July 1, 2022 10-262u(a) to (c) Sec. 3 July 1, 2022 10-262j(c) Sec. 4 July 1, 2022 10-262h Sec. 5 July 1, 2022 10-262f(2) Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 34 of 35 Sec. 6 July 1, 2022 10-262f(49) Sec. 7 July 1, 2022 10-9(b) Sec. 8 July 1, 2022 10-55 Sec. 9 July 1, 2022 10-74d(c) Sec. 10 July 1, 2022 10-76q(a) Sec. 11 July 1, 2022 10-95a Sec. 12 July 1, 2022 10-95e Sec. 13 July 1, 2022 10-95h Sec. 14 July 1, 2022 10-95j Sec. 15 July 1, 2022 10-95l Sec. 16 July 1, 2022 10-95o Sec. 17 July 1, 2022 10-95q Sec. 18 July 1, 2022 10-95r(a) Sec. 19 July 1, 2022 10-95r(e) Sec. 20 July 1, 2022 10-95s Sec. 21 July 1, 2022 10-96c Sec. 22 July 1, 2022 10-97a Sec. 23 July 1, 2022 10-97b Sec. 24 July 1, 2022 10-98a Sec. 25 July 1, 2022 10-98b Sec. 26 July 1, 2022 10-99 Sec. 27 July 1, 2022 10-99h Sec. 28 July 1, 2022 10-183b(14) Sec. 29 July 1, 2022 10-183b(20) Sec. 30 July 1, 2022 10-183b(26) Sec. 31 July 1, 2022 10-183n(a) Sec. 32 July 1, 2022 10-183v(b) Sec. 33 July 1, 2022 5-177 Sec. 34 July 1, 2022 5-198(12) Sec. 35 July 1, 2022 5-242(a) Sec. 36 July 1, 2022 Repealer section Statement of Legislative Commissioners: In Section 2(b)(3)(B), "that are no longer among the towns with the thirty-three lowest accountability index scores, as calculated by the department, on and after July 1, 2022," was added for clarity. ED Joint Favorable Subst. C/R APP APP Joint Favorable Subst. Substitute Bill No. 5038 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05038- R02-HB.docx } 35 of 35