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General Assembly Raised Bill No. 105
February Session, 2022
LCO No. 1200
Referred to Committee on HIGHER EDUCATION AND
EMPLOYMENT ADVANCEMENT
Introduced by:
(HED)
AN ACT CONCERNING RECOMMENDATIONS BY THE OFFICE OF
HIGHER EDUCATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4-5 of the 2022 supplement to the general statutes, 1
as amended by section 6 of public act 17-237, section 279 of public act 2
17-2 of the June special session, section 20 of public act 18-182, section 3
283 of public act 19-117 and section 254 of public act 21-2 of the June 4
special session, is repealed and the following is substituted in lieu 5
thereof (Effective July 1, 2022): 6
As used in sections 4-6, 4-7 and 4-8, the term "department head" 7
means Secretary of the Office of Policy and Management, Commissioner 8
of Administrative Services, Commissioner of Revenue Services, 9
Banking Commissioner, Commissioner of Children and Families, 10
Commissioner of Consumer Protection, Commissioner of Correction, 11
Commissioner of Economic and Community Development, State Board 12
of Education, Commissioner of Emergency Services and Public 13
Protection, Commissioner of Energy and Environmental Protection, 14
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Commissioner of Agriculture, Commissioner of Public Health, 15
Insurance Commissioner, Labor Commissioner, Commissioner of 16
Mental Health and Addiction Services, Commissioner of Social Services, 17
Commissioner of Developmental Services, Commissioner of Motor 18
Vehicles, Commissioner of Transportation, Commissioner of Veterans 19
Affairs, Commissioner of Housing, Commissioner of Rehabilitation 20
Services, the Commissioner of Early Childhood, the executive director 21
of the Office of Military Affairs, the executive director of the Technical 22
Education and Career System, [and] the Chief Workforce Officer and the 23
executive director of the Office of Higher Education. As used in sections 24
4-6 and 4-7, "department head" also means the Commissioner of 25
Education. 26
Sec. 2. Section 10a-1d of the general statutes is repealed and the 27
following is substituted in lieu thereof (Effective October 1, 2022): 28
(a) There is established an Office of Higher Education. The Office of 29
Higher Education shall administer the programs set forth in sections 10-30
155d, 10a-10a, 10a-11, 10a-11a, 10a-17d, 10a-19g, 10a-34 to 10a-34f, 31
inclusive, as amended by this act, 10a-35, 10a-166, 10a-168a, 10a-169a, 32
10a-169b and 10a-173. The Office of Higher Education shall be 33
responsible for approving any action taken pursuant to sections 10a-34 34
to 10a-34f, inclusive, as amended by this act, and for providing 35
information to prospective students regarding postsecondary education 36
opportunities in the state. 37
(b) The Governor shall appoint an executive director of the Office of 38
Higher Education in accordance with the provisions of sections 4-5 to 4-39
8, inclusive, as amended by this act. The executive director shall have 40
the responsibility for implementing the policies and directives of the 41
office and shall have additional responsibilities as the board may 42
prescribe. 43
Sec. 3. Section 10a-34 of the 2022 supplement to the general statutes 44
is repealed and the following is substituted in lieu thereof (Effective 45
October 1, 2022): 46
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(a) For the purposes of this section, (1) "program of higher learning" 47
means any course of instruction for which it is stated or implied that 48
college or university-level credit may be given or may be received by 49
transfer, including any course offered by dual enrollment; (2) "degree" 50
means any letters or words, diploma, certificate or other symbol or 51
document which signifies satisfactory completion of the requirements 52
of a program of higher learning; (3) "institution of higher education" 53
means any person, school, board, association, limited liability company 54
or corporation which is [licensed or accredited] authorized to offer one 55
or more programs of higher learning leading to one or more degrees; (4) 56
["license" means the authorization by the Office of Higher Education to 57
operate a program of higher learning or institution of higher education 58
for a specified initial period] "authorized institution of higher 59
education" means any proposed new institution of higher education, 60
any institution of higher education authorized by another state and any 61
institution of higher education located in this state, but does not mean 62
any public institution of higher education governed by the Board of 63
Regents for Higher Education and the Board of Trustees of The 64
University of Connecticut or any institution of higher education 65
authorized to award degrees prior to July 1, 1965; (5) ["accreditation"] 66
"authorization" means the [authorization by said office to] approval by 67
the Office of Higher Education to operate or continue operating a 68
program of higher learning or institution of higher education for 69
subsequent periods, and in such periods to confer specified degrees; (6) 70
"program modification" means (A) a change in a program of higher 71
learning that does not clearly qualify as a new program of higher 72
learning or a nonsubstantive change, including, but not limited to, a new 73
program of higher learning consisting primarily of course work for a 74
previously approved program of higher learning, (B) an approved 75
program of higher learning to be offered at an off-campus location, (C) 76
a change in the title of a degree, or (D) a change in the title of a program 77
of higher learning; and (7) "nonsubstantive change" means (A) a new 78
undergraduate certificate program, within an existing program of 79
higher learning, of not more than thirty semester credit hours that falls 80
under an approved program of higher learning, (B) a new baccalaureate 81
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minor of not more than eighteen semester credit hours, (C) a new 82
undergraduate option or certificate program of not more than fifteen 83
semester credit hours, or (D) a new graduate option or certificate 84
program of not more than twelve semester credit hours. 85
(b) The Office of Higher Education shall establish regulations, in 86
accordance with chapter 54, concerning the requirements for [licensure 87
and accreditation, such regulations to concern] authorization, 88
administration, finance, faculty, curricula, library, student admission 89
and graduation, plant and equipment, records, catalogs, program 90
announcements and any other criteria pertinent thereto, as well as the 91
periods for which [licensure and accreditation] authorization may be 92
granted, and the costs and procedures of evaluations as provided in 93
subsections (c), (d) and (i) of this section. [Said office shall establish 94
academic review commissions to hear each appeal of a denial by said 95
office of an application by an institution of higher education for 96
licensure or accreditation of a program of higher learning or institution 97
of higher education. For each individual appeal, the executive director 98
of said office, or the executive director's designee, shall select a 99
commission that is comprised of four higher education representatives 100
and five business and industry representatives chosen from a panel of 101
thirty-five members, who shall be appointed as follows: (1) The 102
Governor shall appoint five members; (2) the speaker of the House of 103
Representatives shall appoint five members; (3) the president pro 104
tempore of the Senate shall appoint five members; (4) the majority 105
leader of the House of Representatives shall appoint five members; (5) 106
the majority leader of the Senate shall appoint five members; (6) the 107
minority leader of the House of Representatives shall appoint five 108
members; and (7) the minority leader of the Senate shall appoint five 109
members. The executive director of said office, or the executive 110
director's designee, shall ensure that each commission contains at least 111
one member appointed by each of the appointing authorities. Each 112
appointing authority shall select both higher education representatives 113
and business and industry representatives, but not more than three from 114
either category of representatives.] The office may establish an advisory 115
council for the purpose of advising on issues related to the authorization 116
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of institutions of higher education pursuant to the provisions of this 117
section and private career schools pursuant to sections 10a-22a to 10a-118
22o, inclusive, as amended by this act. The members of the advisory 119
council shall be appointed by the executive director and consist of 120
representatives with (1) expertise in the quality assurance and relevance 121
of programs of higher learning, (2) knowledge of and experience in the 122
business operations and financing of institutions of higher education, 123
(3) knowledge of the laws and regulations applicable to institutions of 124
higher education, and (4) expertise in consumer protection for students 125
and prospective students of institutions of higher education. 126
(c) No person, school, board, association or corporation shall confer 127
any degree unless authorized by act of the General Assembly. No 128
application for authority to confer any such degree shall be approved 129
by the General Assembly or any committee thereof, nor shall any such 130
authority be included in any charter of incorporation until such 131
application has been evaluated and approved by the Office of Higher 132
Education in accordance with regulations established by the Office of 133
Higher Education. 134
(d) The Office of Higher Education shall review all requests and 135
applications for program modifications, nonsubstantive changes [, 136
licensure and accreditation] and authorization. The office shall review 137
each application in consideration of the academic standards set forth in 138
the regulations for [licensure and accreditation] program approval 139
adopted by said office in accordance with the provisions of subsection 140
(b) of this section. Notwithstanding the provisions of section 10a-34e, as 141
amended by this act, any application that is determined by the office to 142
be for (1) a program modification that meets all such academic 143
standards, (2) a nonsubstantive change, [(3) licensure, or (4) 144
accreditation] or (3) authorization shall be deemed approved, and the 145
office shall notify the institution of such approval, not later than forty-146
five days from the date the office receives such application without 147
requiring any further action from the applicant. 148
(e) If the executive director of the Office of Higher Education, or the 149
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executive director's designee, determines that further review of an 150
application is needed due at least in part to the applicant offering 151
instruction in a new program of higher learning or new degree level or 152
the financial condition of the institution of higher education, then the 153
executive director or the executive director's designee shall conduct a 154
focused or on-site review. Such applicant shall have an opportunity to 155
state any objection regarding any individual selected to review an 156
application on behalf of the executive director. For purposes of this 157
subsection and subsection (f) of this section, "focused review" means a 158
review by an out-of-state curriculum expert; and "on-site review" means 159
a full team evaluation by the office at the institution of higher education. 160
(f) The executive director of the Office of Higher Education, or the 161
executive director's designee, may require (1) a focused or on-site 162
review of any program application in a field requiring a license to 163
practice in Connecticut, and (2) evidence that a program application in 164
a field requiring a license to practice in Connecticut meets the state or 165
federal licensing requirements for such license. 166
(g) Any application for [licensure] authorization of a new institution 167
in this state shall be subject to an on-site review upon a determination 168
by the Office of Higher Education that the application is complete and 169
shall be reviewed at the institutional level for each program as described 170
in subsection (b) of this section. Such process shall be completed not 171
later than nine months from the date said office receives the application. 172
(h) If the Office of Higher Education denies an application for 173
[licensure or accreditation] authorization of a program or institution of 174
higher education, the applicant may appeal the denial not later than ten 175
days from the date of denial. [The academic review commission shall 176
review the appeal and make a decision on such appeal not later than 177
thirty days from the date the applicant submits the appeal to said office.] 178
(i) No person, school, board, association or corporation shall operate 179
a program of higher learning or an institution of higher education unless 180
it has been [licensed or accredited] authorized by the Office of Higher 181
Education, nor shall it confer any degree unless it has been [accredited] 182
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authorized in accordance with this section. The office shall accept 183
[regional] accreditation, in satisfaction of the requirements of this 184
subsection unless the office finds cause not to rely upon such 185
accreditation. [If any institution of higher education provides evidence 186
of programmatic accreditation, the office may consider such 187
accreditation in satisfaction of the requirements of this subsection and 188
deem the program at issue in the application for accreditation to be 189
accredited in accordance with this section. National accreditation for 190
Connecticut institutions of higher education accredited prior to July 1, 191
2013, shall be accepted as being in satisfaction of the requirements of 192
this subsection unless the office finds cause not to rely on such national 193
accreditation.] 194
(j) No person, school, board, association or corporation shall use in 195
any way the term "junior college" or "college" or "university" or use any 196
other name, title, literature, catalogs, pamphlets or descriptive matter 197
tending to designate that it is an institution of higher education, or that 198
it may grant academic or professional degrees, unless the institution 199
[possesses a license from, or] has been [accredited] authorized by [,] the 200
office, nor shall it offer any program of higher learning without 201
[approval] authorization of the Office of Higher Education. 202
(k) Accreditation of any program or institution or authority to award 203
degrees granted in accordance with law prior to July 1, 1965, shall 204
continue in effect unless the Office of Higher Education finds the 205
institution is in an unsound financial condition or exhibiting financial 206
indicators that such institution is in danger of closure. 207
(l) On and after July 1, 2023, and annually thereafter, each authorized 208
institution of higher education shall submit to the Office of Higher 209
Education, at such time and in such manner as the office prescribes, a 210
report that includes, but need not be limited to, (1) a list of the programs 211
of higher learning offered by such institution, (2) a single point of 212
contact at such institution for student complaints, (3) the schedule of 213
tuition, fees and all other charges and expenses necessary for the 214
completion of a program of higher learning, (4) any decisions by such 215
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institution's accreditation agency or the federal government that 216
adversely affects the status of such institution, (5) any change in 217
ownership, (6) a copy of the most recent audited financial statements 218
detailing the financial status of such institution, (7) any other 219
information necessary to determine whether such institution is in an 220
unsound financial condition or exhibiting financial indicators that such 221
institution is in danger of closure, and (8) the retention and graduation 222
rates of students, information concerning the employment outcomes of 223
graduates and any other information, as determined by the office in 224
consultation with such institution, to determine whether such 225
institution is maintaining quality programs of higher learning. Any 226
information submitted pursuant to subdivision (7) of this subsection 227
shall not be deemed to be a public record for purposes of the Freedom 228
of Information Act, as defined in section 1-200, and shall not be subject 229
to disclosure under the provisions of section 1-210. 230
[(l)] (m) Notwithstanding the provisions of subsections (b) to (j), 231
inclusive, of this section and subject to the authority of the State Board 232
of Education to regulate teacher education programs, an independent 233
institution of higher education, as defined in section 10a-173, shall not 234
require approval by the Office of Higher Education for any new 235
programs of higher learning or any program modifications proposed by 236
such institution until June 30, 2023, and for up to fifteen new programs 237
of higher learning in any academic year or any program modifications 238
proposed by such institution on and after July 1, 2023, provided (1) the 239
institution maintains eligibility to participate in financial aid programs 240
governed by Title IV, Part B of the Higher Education Act of 1965, as 241
amended from time to time, (2) the United States Department of 242
Education has not determined that the institution has a financial 243
responsibility score that is less than 1.5 for the most recent fiscal year for 244
which the data necessary for determining the score is available, and (3) 245
the institution has been located in the state and accredited as a degree-246
granting institution in good standing for ten years or more by a regional 247
accrediting association recognized by the Secretary of the United States 248
Department of Education and maintains such accreditation status. Each 249
institution that is exempt from program approval by the Office of 250
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Higher Education under this subsection shall file with the office (A) on 251
and after July 1, 2023, an application for approval of any new program 252
of higher learning in excess of fifteen new programs in any academic 253
year, (B) a program actions form, as created by the office, prior to 254
students enrolling in any new program of higher learning or any 255
existing program subject to a program modification, and (C) not later 256
than July first, and annually thereafter, (i) until June 30, 2024, a list and 257
brief description of any new programs of higher learning introduced by 258
the institution in the preceding academic year and any existing 259
programs of higher learning discontinued by the institution in the 260
preceding academic year, (ii) the institution's current program approval 261
process and all actions of the governing board concerning approval of 262
any new program of higher learning, and (iii) the institution's financial 263
responsibility composite score, as determined by the United States 264
Department of Education, for the most recent fiscal year for which the 265
data necessary for determining the score is available. 266
Sec. 4. Section 10a-34c of the general statutes is repealed and the 267
following is substituted in lieu thereof (Effective October 1, 2022): 268
The executive director of the Office of Higher Education may conduct 269
an investigation and, through the Attorney General, maintain an action 270
in the name of the state against any person, school, board, association or 271
corporation to restrain or prevent the establishment or operation of an 272
institution that is not [licensed, accredited or] authorized to award 273
degrees by the Office of Higher Education pursuant to the provisions of 274
section 10a-34, as amended by this act. 275
Sec. 5. Subsection (a) of section 10a-34e of the 2022 supplement to the 276
general statutes is repealed and the following is substituted in lieu 277
thereof (Effective October 1, 2022): 278
(a) The Office of Higher Education may conduct any necessary 279
review, inspection or investigation regarding applications for [licensure 280
or accreditation] authorization or possible violations of this section, 281
sections 10a-34 to 10a-34d, inclusive, as amended by this act, section 10a-282
34g, as amended by this act, or any applicable regulations of 283
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Connecticut state agencies. In connection with any investigation, the 284
executive director or the executive director's designee, may administer 285
oaths, issue subpoenas, compel testimony and order the production of 286
any record or document. If any person refuses to appear, testify or 287
produce any record or document when so ordered, the executive 288
director may seek relief pursuant to section 10a-34d. 289
Sec. 6. Subsection (a) of section 10a-34g of the general statutes is 290
repealed and the following is substituted in lieu thereof (Effective October 291
1, 2022): 292
(a) On and after January 1, 2020, any for-profit institution of higher 293
education licensed to operate in the state that requires any student, as a 294
condition of enrollment, to enter into an agreement that (1) limits 295
participation in a class action against such institution, (2) limits any 296
claim the student may have against such institution or the damages for 297
such claim, or (3) requires the student to assert any claim against such 298
institution in a forum that is less convenient, more costly or more 299
dilatory for the resolution of a dispute than a judicial forum established 300
in the state where the student may otherwise properly bring a claim, 301
shall include in its application to the Office of Higher Education for 302
[initial or renewed institutional licensure or accreditation] authorization 303
pursuant to section 10a-34, as amended by this act, a statement (A) 304
disclosing the number of claims made against the institution, including 305
claims made against a parent organization or subsidiary of the 306
institution, by a student currently or formerly enrolled at the institution, 307
(B) a description of the nature of the rights asserted, and (C) the status 308
of such claims. The institution shall submit additional details regarding 309
such claims as the executive director of the Office of Higher Education 310
may require. 311
Sec. 7. Subdivision (4) of section 10-67 of the general statutes is 312
repealed and the following is substituted in lieu thereof (Effective October 313
1, 2022): 314
(4) "Cooperating eligible entity" means any corporation or other 315
business entity, nonprofit organization, private [occupational] career 316
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school authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as 317
amended by this act, institution of higher education [licensed or 318
accredited pursuant to the provisions of] authorized pursuant to section 319
10a-34, as amended by this act, technical education and career school or 320
library [which] that provides classes or services specified under 321
subparagraph (A) of subsection (a) of section 10-69, in conformance with 322
the program standards applicable to boards of education, through a 323
written cooperative arrangement with a local or regional board of 324
education or regional educational service center; 325
Sec. 8. Subparagraph (J) of subdivision (37) of subsection (a) of section 326
12-407 of the general statutes is repealed and the following is substituted 327
in lieu thereof (Effective October 1, 2022): 328
(J) Business analysis, management, management consulting and 329
public relations services, excluding (i) any environmental consulting 330
services, (ii) any training services provided by an institution of higher 331
education licensed or accredited by the Board of Regents for Higher 332
Education or authorized by the Office of Higher Education pursuant to 333
sections 10a-35a and 10a-34, as amended by this act, respectively, and 334
(iii) on and after January 1, 1994, any business analysis, management, 335
management consulting and public relations services when such 336
services are rendered in connection with an aircraft leased or owned by 337
a certificated air carrier or in connection with an aircraft which has a 338
maximum certificated take-off weight of six thousand pounds or more; 339
Sec. 9. Subsection (k) of section 30-22a of the 2022 supplement to the 340
general statutes is repealed and the following is substituted in lieu 341
thereof (Effective October 1, 2022): 342
(k) For purposes of compliance with this section, "cafe" includes: (1) 343
A room or building that is subject to the care, custody and control of The 344
University of Connecticut Board of Trustees; (2) land and buildings 345
which are subject to the care, custody and control of an institution 346
offering a program of higher learning, as defined in section 10a-34, as 347
amended by this act, which has been accredited by the Board of Regents 348
for Higher Education or [Office of Higher Education or otherwise] is 349
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authorized by the Office of Higher Education to award a degree 350
pursuant to section 10a-34, as amended by this act; or (3) on land or in a 351
building situated on or abutting a golf course which is subject to the 352
care, custody and control of an institution offering a program of higher 353
learning, as defined in section 10a-34, as amended by this act, which has 354
been accredited by the Board of Regents for Higher Education or [Office 355
of Higher Education or otherwise] is authorized by the Office of Higher 356
Education to award a degree pursuant to section 10a-34, as amended by 357
this act. 358
Sec. 10. Section 10a-22a of the general statutes is repealed and the 359
following is substituted in lieu thereof (Effective October 1, 2022): 360
As used in this section and sections [10a-22a to 10a-22y] 10a-22b to 361
10a-22x, inclusive, as amended by this act: 362
(1) ["Private occupational school"] "Private career school" means a 363
postsecondary career school operated by a person, board, association, 364
partnership, corporation, limited liability company or other entity 365
offering or advertising vocational instruction in any form or manner in 366
any trade, industrial, commercial, service, professional or other 367
occupation for any remuneration, consideration, reward or fee of 368
whatever nature, including, but not limited to, a hospital-based 369
occupational school, or any program, school or entity offering 370
postsecondary instruction in barbering, hairdressing and cosmetology 371
or the occupation of esthetician, nail technician or eyelash technician, as 372
such terms are defined in section 20-265a. ["Private occupational 373
school"] "Private career school" does not include (A) instruction offered 374
under public supervision and control, (B) instruction conducted by a 375
firm or organization solely for the training of its own employees or 376
members, (C) instruction offered by a school authorized by the General 377
Assembly to confer degrees, or (D) instruction offered in the arts or 378
recreation, including, but not limited to, the training of students to 379
provide such instruction; 380
(2) "Additional classroom site" means a facility that (A) is 381
geographically located close to the school or branch that oversees the 382
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site, such that students must utilize services provided at such school or 383
branch, (B) conducts permanent or temporary educational activities, 384
and (C) offers courses or full programs of study; 385
(3) "Branch" means a subdivision of a school (A) located at a different 386
facility and geographical site from the school, except for a site that is an 387
additional classroom site as determined by the executive director, or the 388
executive director's designee, and (B) that (i) offers one or more 389
complete programs leading to a diploma or certificate; (ii) operates 390
under the school's certificate of operation; (iii) meets the same 391
conditions of authorization as the school; and (iv) exercises 392
administrative control and is responsible for its own academic affairs; 393
(4) "Executive director" means the executive director of the Office of 394
Higher Education; and 395
(5) "Postsecondary career school" means an institution authorized to 396
operate educational programs beyond secondary education. 397
Sec. 11. Section 10a-22b of the 2022 supplement to the general statutes 398
is repealed and the following is substituted in lieu thereof (Effective 399
October 1, 2022): 400
(a) No person, board, association, partnership, corporation, limited 401
liability company or other entity shall offer instruction in any form or 402
manner in any trade or in any industrial, commercial, service, 403
professional or other occupation unless such person, board, association, 404
partnership, corporation, limited liability company or other entity first 405
receives from the executive director a certificate authorizing the 406
occupational instruction to be offered. 407
(b) Except for initial authorizations, the executive director may accept 408
institutional accreditation by an accrediting agency recognized by the 409
United States Department of Education, in satisfaction of the 410
requirements of this section and section 10a-22d, as amended by this act, 411
including the evaluation and attendance requirement. Except for initial 412
authorizations, the executive director may accept programmatic 413
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accreditation in satisfaction of the requirements of this section and 414
section 10a-22d, as amended by this act, with regard to instruction 415
offered by a hospital [pursuant to subsection (h) of this section] unless 416
the executive director finds reasonable cause not to rely upon such 417
accreditation. 418
(c) Each person, board, association, partnership, corporation, limited 419
liability company or other entity which seeks to offer occupational 420
instruction shall submit to the executive director, or the executive 421
director's designee, in such manner and on such forms as the executive 422
director, or the executive director's designee, prescribes, an application 423
for a certificate of authorization. [which includes, but need not be 424
limited to, (1) the proposed name of the school; (2) ownership and 425
organization of the school including the names and addresses of all 426
principals, officers, members and directors; (3) names and addresses of 427
all stockholders of the school, except for applicants which are listed on 428
a national securities exchange; (4) addresses of any building or premises 429
on which the school will be located; (5) description of the occupational 430
instruction to be offered; (6) the proposed student enrollment 431
agreement, which includes for each program of occupational instruction 432
offered a description, in plain language, of any requirements for 433
employment in such occupation or barriers to such employment 434
pursuant to state law or regulations; (7) the proposed school catalog, 435
which includes for each program of occupational instruction offered a 436
description of any requirements for employment in such occupation or 437
barriers to such employment pursuant to state law or regulations; (8) 438
financial statements detailing the financial condition of the school 439
pursuant to subsection (d) of this section and subsection (g) of section 440
10a-22d prepared by management and reviewed or audited, or, for a 441
nonaccredited school annually receiving less than fifty thousand dollars 442
in tuition revenue, compiled, by an independent licensed certified 443
public accountant or independent licensed public accountant; and (9) an 444
agent for service of process.] Each application for initial authorization 445
shall be accompanied by a nonrefundable application fee made payable 446
to the private [occupational] career school student protection account. 447
Such application fee shall be in the amount of two thousand dollars for 448
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the private occupational school and two hundred dollars for each 449
branch of a private occupational school in this state, except that, on and 450
after the effective date of the regulations adopted pursuant to section 451
10a-22k, such application fee shall be in the amount specified in such 452
regulations. Any application for initial authorization that remains 453
incomplete six months after the date such application was first 454
submitted to the [Office of Higher Education] office shall expire and the 455
office shall not approve such expired application for authorization. 456
(d) Each person, board, association, partnership, corporation, limited 457
liability company or other entity seeking to offer occupational 458
instruction shall have a net worth consisting of sufficient liquid assets 459
or produce other evidence of fiscal soundness to demonstrate the ability 460
of the proposed private [occupational] career school to operate, achieve 461
all of its objectives and meet all of its obligations, including those 462
concerning staff and students, during the period of time for which the 463
authorization is sought. 464
(e) Upon receipt of a complete application pursuant to subsection (c) 465
of this section, the executive director shall cause to be conducted an 466
evaluation of the applicant school. Not later than sixty days (1) after 467
receipt of a complete application for initial authorization, or (2) prior to 468
expiration of the authorization of a private [occupational] career school 469
applying to renew its certificate of authorization pursuant to section 470
10a-22d, as amended by this act, the executive director, or the executive 471
director's designee, shall appoint an evaluation team, pursuant to 472
[subsection (f) of this section] regulations adopted pursuant to section 473
10a-22k, to conduct such evaluation of the applicant school. The 474
evaluation team shall submit a written report to the executive director 475
recommending authorization or nonauthorization after an on-site 476
inspection. Not later than one hundred twenty days following the 477
completed appointment of the evaluation team, the executive director 478
shall notify the applicant school of authorization or nonauthorization. 479
The executive director may consult with the Labor Department and may 480
request the advice of any other state agency which may be of assistance 481
in making a determination. In the event of nonauthorization, the 482
LCO No. 1200 16 of 52
executive director shall set forth the reasons therefor in writing and the 483
applicant school may request in writing a hearing before the executive 484
director. Such hearing shall be held in accordance with the provisions of 485
chapter 54. 486
[(f) For purposes of an evaluation of an applicant school, the 487
executive director, or the executive director's designee, shall appoint an 488
evaluation team which shall include (1) at least two members 489
representing the Office of Higher Education, and (2) at least one member 490
for each of the areas of occupational instruction for which authorization 491
is sought who shall be experienced in such occupation. The applicant 492
school shall have the right to challenge any proposed member of the 493
evaluation team for good cause shown. A written challenge shall be filed 494
with the executive director within ten business days following the 495
appointment of such evaluation team. In the event of a challenge, a 496
decision shall be made thereon by the executive director within ten 497
business days from the date such challenge is filed, and if the challenge 498
is upheld the executive director shall appoint a replacement. Employees 499
of the state or any political subdivision of the state may be members of 500
evaluation teams. The executive director, or the executive director's 501
designee, shall not appoint any person to an evaluation team unless the 502
executive director, or such designee, has received from such person a 503
statement that the person has no interest which is in conflict with the 504
proper discharge of the duties of evaluation team members as described 505
in this section. The statement shall be on a form prescribed by the 506
executive director and shall be signed under penalty of false statement. 507
Except for any member of the evaluation team who is a state employee, 508
members may be compensated for their service at the discretion of the 509
executive director and shall be reimbursed for actual expenses, which 510
expenses shall be charged to and paid by the applicant school. 511
(g) The evaluation team appointed pursuant to subsection (f) of this 512
section shall: (1) Conduct an on-site inspection; (2) submit a written 513
report outlining any evidence of noncompliance; (3) give the school 514
thirty days from the date of the report to provide evidence of 515
compliance; and (4) submit to the executive director a written report 516
LCO No. 1200 17 of 52
recommending authorization or nonauthorization not later than one 517
hundred twenty days after the on-site inspection. The evaluation team 518
shall determine whether (A) the quality and content of each course or 519
program of instruction, including, but not limited to, residential, on-520
line, home study and correspondence, training or study shall reasonably 521
and adequately achieve the stated objective for which such course or 522
program is offered; (B) the school has adequate space, equipment, 523
instructional materials and personnel for the instruction offered; (C) the 524
qualifications of directors, administrators, supervisors and instructors 525
shall reasonably and adequately assure that students receive education 526
consistent with the stated objectives for which a course or program is 527
offered; (D) students and other interested persons shall be provided 528
with a catalog or similar publication describing the courses and 529
programs offered, course and program objectives, length of courses and 530
programs, schedule of tuition, fees and all other charges and expenses 531
necessary for completion of the course or program, and termination, 532
withdrawal and refund policies; (E) upon satisfactory completion of the 533
course or program, each student shall be provided appropriate 534
educational credentials by the school; (F) adequate records shall be 535
maintained by the school to show attendance and grades, or other 536
indicators of student progress, and standards shall be enforced relating 537
to attendance and student performance; (G) the applicant school shall 538
be financially sound and capable of fulfilling its commitments to 539
students; (H) any student housing owned, leased, rented or otherwise 540
maintained by the applicant school shall be safe and adequate; and (I) 541
the school and any branch of the school in this state has a director 542
located at the school or branch who is responsible for daily oversight of 543
the school's or branch's operations. The evaluation team may also 544
indicate in its report such recommendations as may improve the 545
operation of the applicant school. 546
(h) Any hospital offering postsecondary career instruction in any 547
form or manner in any trade, industrial, commercial, service, 548
professional or other occupation for any remuneration, consideration, 549
reward or promise, except to hospital employees, members of the 550
medical staff and training for contracted workers, shall obtain a 551
LCO No. 1200 18 of 52
certificate of authorization from the executive director for the 552
occupational instruction offered. Each hospital-based occupational 553
school submitting an application for initial authorization shall pay an 554
application fee of two hundred dollars made payable to the private 555
occupational school student protection account. The executive director 556
shall develop a process for prioritizing the authorization of hospital-557
based occupational schools based on size and scope of occupational 558
instruction offered. Such schools shall be in compliance with this section 559
when required pursuant to the executive director's process, or by 2012, 560
whichever is earlier. 561
(i) Any program, school or other entity offering postsecondary career 562
instruction in any form or manner in barbering or hairdressing for any 563
remuneration, consideration, reward or fee shall obtain a certificate of 564
authorization from the executive director of the Office of Higher 565
Education for the occupational instruction offered. Each program, 566
school or entity approved on or before July 1, 2013, by the Connecticut 567
Examining Board for Barbers, Hairdressers and Cosmeticians pursuant 568
to chapter 368 or 387 that submits an application for initial authorization 569
shall pay an application fee of five hundred dollars made payable to the 570
private occupational school student protection account. The executive 571
director of the Office of Higher Education shall develop a process for 572
prioritizing the authorization of such barber and hairdressing 573
programs, schools and entities. Such programs, schools and entities 574
shall be in compliance with this section on or before July 1, 2015, or when 575
required pursuant to the executive director's process, whichever is 576
earlier. No person, board, association, partnership corporation, limited 577
liability company or other entity shall establish a new program, school 578
or other entity that offers instruction in any form or manner in barbering 579
or hairdressing on or after July 1, 2013, unless such person, board, 580
association, partnership, corporation, limited liability company or other 581
entity first receives from the executive director of the Office of Higher 582
Education a certificate authorizing the barbering or hairdressing 583
occupational instruction to be offered in accordance with the provisions 584
of this section.] 585
LCO No. 1200 19 of 52
Sec. 12. Section 10a-22c of the general statutes is repealed and the 586
following is substituted in lieu thereof (Effective October 1, 2022): 587
(a) No certificate to operate a private [occupational] career school 588
shall be authorized by the executive director, or the executive director's 589
designee, if (1) any principal, officer, member or director of the applicant 590
school has acted in a similar capacity for a private [occupational] career 591
school which has had its authorization revoked pursuant to section 10a-592
22f, as amended by this act; (2) the applicant school does not have a net 593
worth consisting of sufficient liquid assets or other evidence of fiscal 594
soundness to operate for the period of time for which authorization is 595
sought; (3) the applicant school or any of its agents engages in 596
advertising, sales, collection, credit or other practices which are false, 597
deceptive, misleading or unfair; (4) the applicant school has any policy 598
which discourages or prohibits the filing of inquiries or complaints 599
regarding the school's operation with the executive director; (5) the 600
applicant school fails to satisfactorily meet the criteria set forth in 601
[subsection (g) of section 10a-22b] regulations adopted pursuant to 602
section 10a-22k; (6) a private [occupational] career school that has 603
previously closed fails to follow the procedures for school closure under 604
section 10a-22m, as amended by this act; or (7) the applicant school does 605
not have a director located at the school and at each of its branches in 606
this state. 607
(b) The executive director may deny a certificate of authorization if 608
the person who owns or intends to operate a private [occupational] 609
career school has been convicted in this state, or any other state, of 610
larceny in violation of section 53a-122 or 53a-123; identity theft in 611
violation of section 53a-129b or 53a-129c; forgery in violation of section 612
53a-138 or 53a-139; or has a criminal record in this state, or any other 613
state, that the executive director reasonably believes renders the person 614
unsuitable to own and operate a private [occupational] career school. A 615
refusal of a certificate of authorization under this subsection shall be 616
made in accordance with the provisions of sections 46a-79 to 46a-81, 617
inclusive. 618
LCO No. 1200 20 of 52
(c) No certificate to operate a private [occupational] career school 619
shall be issued by the executive director pursuant to section 10a-22d, as 620
amended by this act, until such private [occupational] career school 621
seeking authorization files with the executive director certificates 622
indicating that the buildings and premises for such school meet all 623
applicable state and local fire and zoning requirements. Such certificates 624
shall be attested to by the fire marshal and zoning enforcement officer 625
within the municipality in which such school is located. 626
(d) No certificate to operate a new private [occupational] career 627
school shall be issued by the executive director pursuant to section 10a-628
22d, as amended by this act, until such private [occupational] career 629
school seeking authorization files with the executive director an 630
irrevocable letter of credit issued by a bank with its main office or branch 631
located within this state in the penal amount of forty thousand dollars 632
guaranteeing the payments required of the school to the private 633
[occupational] career school student protection account in accordance 634
with the provisions of section 10a-22u, as amended by this act, except 635
that, on and after the effective date of the regulations adopted pursuant 636
to section 10a-22k, such penal amount shall be in the amount specified 637
in such regulations. The letter of credit shall be payable to the private 638
[occupational] career school student protection account in the event that 639
such school fails to make payments to the account as provided in 640
subsection (a) of section 10a-22u, as amended by this act, or in the event 641
the state takes action to reimburse the account for a tuition refund paid 642
to a student pursuant to the provisions of section 10a-22v, as amended 643
by this act, provided the amount of the letter of credit to be paid into the 644
private [occupational] career school student protection account shall not 645
exceed the amounts owed to the account. In the event a private 646
[occupational] career school fails to close in accordance with the 647
provisions of section 10a-22m, as amended by this act, the executive 648
director may seize the letter of credit, which shall be made payable to 649
the private [occupational] career school protection account. [The letter 650
of credit required by this subsection shall be released twelve years after 651
the date of initial approval, provided evidence of fiscal soundness has 652
been verified.] 653
LCO No. 1200 21 of 52
(e) The executive director shall notify the applicant private 654
[occupational] career school, by certified mail, return receipt requested 655
of the decision to grant or deny a certificate of authorization not later 656
than sixty days after receiving the written report of the evaluation team 657
appointed pursuant to subsection [(f)] (e) of section 10a-22b, as amended 658
by this act. 659
Sec. 13. Section 10a-22d of the 2022 supplement to the general statutes 660
is repealed and the following is substituted in lieu thereof (Effective 661
October 1, 2022): 662
(a) After the initial year of approval and for the next three years of 663
operation as a private [occupational] career school, renewal of the 664
certificate of authorization shall be required annually. 665
(b) Following the fourth year of continuous authorization, a renewal 666
of the certificate of authorization, if granted, shall be for a period not to 667
exceed five years and may be subject to an evaluation pursuant to 668
[subsections (f) and (g)] subsection (e) of section 10a-22b, as amended 669
by this act, provided no private [occupational] career school shall 670
operate for more than five additional years from the date of any renewal 671
without the completion of an evaluation pursuant to [subsections (f) and 672
(g)] subsection (e) of section 10a-22b, as amended by this act. 673
(c) Renewal of the certificate of authorization shall be granted only 674
upon (1) payment of a nonrefundable renewal fee to the Office of Higher 675
Education in the amount of two hundred dollars for the private 676
occupational school and two hundred dollars for each branch of a 677
private occupational school, except that, on and after the effective date 678
of the regulations adopted pursuant to section 10a-22k, such renewal fee 679
shall be in the amount specified in such regulations, (2) submission of 680
any reports or audits, as prescribed by the executive director or the 681
executive director's designee, concerning the fiscal condition of the 682
private [occupational] career school or its continuing eligibility to 683
participate in federal student financial aid programs, (3) the filing with 684
the executive director of a complete application for a renewed certificate 685
of authorization not less than one hundred twenty days prior to the 686
LCO No. 1200 22 of 52
termination date of the most recent certificate of authorization, and (4) 687
a determination that the private [occupational] career school meets all 688
the conditions of its recent authorization, including, but not limited to, 689
at the discretion of the executive director, evidence that such school is 690
current on its [rent or mortgage] financial obligations and has adequate 691
financial resources to serve its current students, and the filing of 692
documentation with the executive director that the private 693
[occupational] career school has a passing financial ratio score as 694
required by 34 CFR 668, as amended from time to time. 695
(d) If the executive director, or the executive director's designee, 696
determines, at any time during a school's authorization period, that such 697
school is out of compliance with the conditions of authorization under 698
sections 10a-22a to 10a-22o, inclusive, as amended by this act, and any 699
applicable regulations of Connecticut state agencies, the school may be 700
placed on probation for a period not to exceed one year. If, after the 701
period of one year of probationary status, the school remains out of 702
compliance with the conditions of authorization, the executive director 703
may revoke such school's certificate of authorization to operate as a 704
private [occupational] career school pursuant to section 10a-22f, as 705
amended by this act. During the school's period of probation, the school 706
shall post its probationary certificate of authorization in public view. 707
The Office of Higher Education may publish the school's probationary 708
certificate of authorization status. 709
(e) Notwithstanding the provisions of sections 10a-22a to 10a-22o, 710
inclusive, as amended by this act, the executive director may authorize 711
the extension of the most recent certificate of authorization for a period 712
not to exceed sixty days for good cause shown, provided such extension 713
shall not change the date of the original certificate's issuance or the date 714
for each renewal. 715
(f) After the first year of authorization, each private [occupational] 716
career school shall pay a nonrefundable annual fee to the private 717
[occupational] career school student protection account in the amount 718
of two hundred dollars for the private occupational school and two 719
LCO No. 1200 23 of 52
hundred dollars for each branch of a private occupational school, except 720
that, on and after the effective date of the regulations adopted pursuant 721
to section 10a-22k, such penal amount shall be in the amount specified 722
in such regulations. The annual fee shall be due and payable for each 723
year after the first year of authorization that the private [occupational] 724
career school and any branch of a private [occupational] career school is 725
authorized by the executive director to offer [occupational] career 726
instruction. Such annual fee shall be in addition to any renewal fee 727
assessed under this section. 728
(g) Each private [occupational] career school shall keep financial 729
records in conformity with generally accepted accounting principles. An 730
annual financial statement detailing the financial status of the school 731
shall be prepared by school management and reviewed or audited, or, 732
for a nonaccredited school annually receiving less than fifty thousand 733
dollars in tuition revenue, compiled, by a licensed certified public 734
accountant or licensed public accountant in accordance with standards 735
established by the American Institute of Certified Public Accountants. 736
A copy of such financial statement shall be filed with the executive 737
director on or before the last day of the fourth month following the end 738
of the school's fiscal year, except in the case of a nationally accredited 739
school recognized by the United States Department of Education, in 740
which case such financial statement shall be due on or before the last 741
day of the sixth month following the end of the school's fiscal year. Only 742
audited financial statements shall be accepted from a nationally 743
accredited school. Upon a nonaccredited school's written request, the 744
executive director may authorize, for good cause shown, a filing 745
extension for a period not to exceed sixty days. No filing extensions shall 746
be granted to a nationally accredited school. 747
(h) The failure of any private [occupational] career school to submit 748
an application to the Office of Higher Education for the renewal of a 749
certificate of authorization on or before the date on which it is due may 750
result in the loss of authorization under section 10a-22f, as amended by 751
this act. The executive director of said office may deny the renewal of 752
such certificate of authorization if there exists a failure to file such 753
LCO No. 1200 24 of 52
renewal application by the date on which it is due, or the end of any 754
period of extension authorized pursuant to subsection (e) of this section. 755
Sec. 14. Section 10a-22e of the general statutes is repealed and the 756
following is substituted in lieu thereof (Effective October 1, 2022): 757
(a) During any period of authorization by the executive director to 758
operate as a private [occupational] career school pursuant to sections 759
10a-22a to 10a-22o, inclusive, as amended by this act, and sections 10a-760
22u to 10a-22w, as amended by this act, inclusive, such private 761
[occupational] career school may request revision of the conditions of 762
its authorization. Such school shall make such request to the executive 763
director, in the manner and on such forms prescribed by the executive 764
director sixty days prior to the proposed implementation date of any 765
intended revision. Such revision shall include, but not be limited to, 766
changes in (1) courses or programs; (2) ownership of the school; (3) 767
name of the school; (4) location of the school's main campus; or (5) 768
location of any of the school's additional classroom sites or branch 769
campuses. A private [occupational] career school requesting revision of 770
the conditions of its authorization based on a change in ownership of 771
the school shall submit an application and letter of credit pursuant to 772
sections 10a-22b, as amended by this act, and 10a-22c, as amended by 773
this act, accompanied by a nonrefundable change of ownership fee 774
made payable to the private [occupational] career school student 775
protection account under section 10a-22u, as amended by this act, in the 776
amount of two thousand dollars for the private occupational school and 777
two hundred dollars for each branch of a private occupational school in 778
this state, except that, on and after the effective date of the regulations 779
adopted pursuant to section 10a-22k, such change of ownership fee shall 780
be in the amount specified in such regulations. 781
(b) The executive director, or the executive director's designee, may, 782
not later than thirty days after receipt of a request to revise the 783
conditions of authorization, issue an order prohibiting any such change 784
if it would constitute a material or substantial deviation from the 785
conditions of authorization. 786
LCO No. 1200 25 of 52
(c) If the executive director, or the executive director's designee, fails 787
to take action upon a request for revision by the thirtieth day following 788
the proposed implementation date of the intended revision, such 789
request shall be deemed approved, and the private [occupational] career 790
school's certificate of authorization shall be so revised for the same 791
period as its current authorization. 792
Sec. 15. Section 10a-22f of the 2022 supplement to the general statutes 793
is repealed and the following is substituted in lieu thereof (Effective 794
October 1, 2022): 795
(a) A certificate of authorization issued to a private [occupational] 796
career school pursuant to sections 10a-22a to 10a-22o, inclusive, as 797
amended by this act, and sections 10a-22u to 10a-22w, inclusive, as 798
amended by this act, may be revoked by the executive director if such 799
school (1) ceases to meet the conditions of its authorization; (2) commits 800
a material or substantial violation of sections 10a-22a to 10a-22o, 801
inclusive, as amended by this act, or sections 10a-22u to 10a-22w, 802
inclusive, as amended by this act, or the regulations prescribed 803
thereunder; (3) makes a false statement about a material fact in 804
application for authorization or renewal; (4) fails to make a required 805
payment to the private [occupational] career school student protection 806
account pursuant to section 10a-22u, as amended by this act; or (5) fails 807
to submit a complete application for a renewed certificate of 808
authorization pursuant to section 10a-22d, as amended by this act. 809
(b) The executive director, or the executive director's designee, shall 810
serve written notice, by certified mail, return receipt requested upon a 811
private [occupational] career school indicating that revocation of the 812
school's authorization is under consideration and the executive director 813
shall set forth the reasons such revocation is being considered. Not later 814
than forty-five days after mailing such written notice, the executive 815
director, or the executive director's designee, shall hold a compliance 816
conference with the private [occupational] career school. 817
(c) If, after the compliance conference, the executive director 818
determines that revocation of the certificate of authorization is 819
LCO No. 1200 26 of 52
appropriate, the executive director shall issue an order and serve 820
written notice by certified mail, return receipt requested upon the 821
private [occupational] career school, which notice shall include, but not 822
be limited to, the date of the revocation. 823
(d) A private [occupational] career school aggrieved by the order of 824
the executive director revoking its certificate of authorization pursuant 825
to subsection (c) of this section shall, not later than fifteen days after such 826
order is mailed, request in writing a hearing before the executive 827
director. Such hearing shall be held in accordance with the provisions of 828
chapter 54. 829
Sec. 16. Section 10a-22g of the general statutes is repealed and the 830
following is substituted in lieu thereof (Effective October 1, 2022): 831
(a) A private [occupational] career school which is authorized by the 832
executive director pursuant to sections 10a-22a to 10a-22o, inclusive, as 833
amended by this act, and sections 10a-22u to 10a-22w, inclusive, as 834
amended by this act, may request authorization to establish and operate 835
additional classroom sites or branch schools, or to offer existing or new 836
programs through a distance learning program, as defined in section 837
10a-22h, as amended by this act, for the purpose of offering the 838
occupational instruction authorized by the executive director, provided 839
the additional classroom site or branch school complies with the 840
provisions of subsection (b) of this section. Such school shall make such 841
request for authorization to operate an additional classroom site or 842
branch school or to offer existing or new programs through a distance 843
learning program, in the manner and on such forms as prescribed by the 844
executive director, at least sixty days prior to the proposed 845
establishment of such additional classroom site or branch school or such 846
distance learning program. 847
(b) The buildings and premises for such additional classroom site or 848
branch school shall meet all applicable state and local fire and zoning 849
requirements, and certificates attesting the same signed by the local fire 850
marshal and zoning enforcement officer shall be filed with the executive 851
director prior to offering such occupational instruction. The additional 852
LCO No. 1200 27 of 52
classroom site or branch school shall be in compliance with the relevant 853
requirements set forth in [subsection (g) of section 10a-22b] regulations 854
adopted pursuant to section 10a-22k. 855
(c) The executive director, or the executive director's designee, not 856
later than thirty days after the proposed date for establishment of a 857
branch school, may issue an order prohibiting any such establishment 858
of a branch school if it would constitute a material or substantial 859
deviation from the conditions of authorization or if the private 860
[occupational] career school fails to meet the requirements set forth in 861
subsection (b) of this section. 862
(d) If the executive director, or the executive director's designee, fails 863
to take action upon the request for revision by the thirtieth day after the 864
proposed date for establishment of such additional classroom site or 865
branch school or such distance learning program, such request shall be 866
deemed approved. 867
Sec. 17. Section 10a-22h of the 2022 supplement to the general statutes 868
is repealed and the following is substituted in lieu thereof (Effective 869
October 1, 2022): 870
Any out-of-state private [occupational] career school that seeks to 871
operate a distance learning program in the state shall submit an 872
application to the Office of Higher Education in the form and manner 873
prescribed by the office. Each such private [occupational] career school 874
shall agree to abide by standards established by the office. The office 875
shall approve or reject such private [occupational] career school's 876
application in accordance with the standards established by the office. 877
Authorization by the office to operate a distance learning program in 878
the state shall be valid for a period of one year and may be renewed by 879
the office for additional one-year periods. The office shall establish a 880
schedule of application and renewal fees for all out-of-state private 881
[occupational] career schools that are approved by the office. As used in 882
this [subsection] section, "distance learning program" means a program 883
of study in which lectures are broadcast or classes are conducted by 884
correspondence or over the Internet, without requiring a student to 885
LCO No. 1200 28 of 52
attend in person. 886
Sec. 18. Section 10a-22i of the general statutes is repealed and the 887
following is substituted in lieu thereof (Effective October 1, 2022): 888
(a) The executive director may assess any person, board, partnership, 889
association, corporation, limited liability company or other entity which 890
violates any provision of sections 10a-22a to 10a-22p, inclusive, as 891
amended by this act, sections 10a-22u to 10a-22w, inclusive, as amended 892
by this act, or regulations adopted pursuant to section 10a-22k, an 893
administrative penalty in an amount not to exceed five hundred dollars 894
for each day of such violation, except that, on and after the effective date 895
of the regulations adopted pursuant to section 10a-22k, such 896
administrative penalty shall be in the amount specified in such 897
regulations. 898
(b) The executive director shall serve written notice upon a private 899
[occupational] career school when the assessment of such an 900
administrative penalty is under consideration. The notice shall set forth 901
the reasons for the assessment of the penalty. Not later than forty-five 902
days after mailing such notice to the private [occupational] career 903
school, the executive director, or the executive director's designee, shall 904
hold a compliance conference with the private [occupational] career 905
school. 906
(c) If, after the compliance conference, the executive director 907
determines that imposition of an administrative penalty is appropriate, 908
the executive director shall issue an order and serve written notice by 909
certified mail, return receipt requested upon the private [occupational] 910
career school. 911
(d) A private [occupational] career school aggrieved by the order of 912
the executive director imposing an administrative penalty pursuant to 913
subsection (c) of this section shall, not later than fifteen days after such 914
order is mailed, request in writing a hearing before the executive 915
director. Such hearing shall be held in accordance with the provisions of 916
chapter 54. 917
LCO No. 1200 29 of 52
Sec. 19. Section 10a-22l of the general statutes is repealed and the 918
following is substituted in lieu thereof (Effective October 1, 2022): 919
(a) Any private [occupational] career school operating without a 920
certificate of authorization required under section 10a-22b, as amended 921
by this act, or operating an additional classroom site or branch school in 922
violation of section 10a-22g, as amended by this act, shall be fined not 923
more than five hundred dollars for each day of unauthorized operation, 924
to be paid into the private [occupational] career student protection 925
account, except that, on and after the effective date of the regulations 926
adopted pursuant to section 10a-22k, such fine shall be in the amount 927
specified in such regulations. 928
(b) The executive director, or the executive director's designee, may 929
conduct an investigation and, through the Attorney General, maintain 930
an action in the name of the state against any person to restrain or 931
prevent the establishment or operation of an institution that does not 932
have a certificate of authorization. 933
Sec. 20. Section 10a-22m of the general statutes is repealed and the 934
following is substituted in lieu thereof (Effective October 1, 2022): 935
(a) A private [occupational] career school shall notify the executive 936
director, in writing, at least sixty days prior to closure of such school. 937
The private [occupational] career school shall provide evidence prior to 938
closing that: (1) All course work is or will be completed by current 939
students at the school; (2) there are no refunds due any students; (3) all 940
student records will be maintained as prescribed in section 10a-22n, as 941
amended by this act; (4) final payment has been made to the private 942
[occupational] career school student protection account; (5) a 943
designation of service form has been filed with the executive director; 944
and (6) the certificate of authorization has been returned to the executive 945
director. 946
(b) Any private [occupational] career school that fails to meet the 947
requirements outlined in subsection (a) of this section shall be fined not 948
more than five hundred dollars per day for each day of noncompliance, 949
LCO No. 1200 30 of 52
except that, on and after the effective date of the regulations adopted 950
pursuant to section 10a-22k, such fine shall be in the amount specified 951
in such regulations, and [,] pursuant to subdivision (6) of subsection (a) 952
of section 10a-22c, as amended by this act, shall be ineligible to be issued 953
a certificate of authorization upon application to operate a private 954
[occupational] career school. Funds collected pursuant to this 955
subsection shall be placed in the private [occupational] career student 956
protection account established pursuant to section 10a-22u, as amended 957
by this act. 958
(c) If the executive director revokes a private [occupational] career 959
school's certificate of authorization, such school shall comply with the 960
requirements of subsection (a) of this section. Failure to comply shall 961
result in further penalties at the discretion of the executive director. 962
(d) In the event a private [occupational] career school fails to meet the 963
requirements set forth in subsection (a) of this section and closes prior 964
to graduating all current students, the executive director may seize the 965
letter of credit filed by the private [occupational] career school pursuant 966
to subsection (d) of section 10a-22c, as amended by this act, and such 967
letter of credit shall be made payable to the private [occupational] career 968
school student protection account. The executive director may expend 969
funds from the private [occupational] career school student protection 970
account up to the amount necessary to facilitate a teach-out of any 971
remaining students up to and including the issuance of a certificate of 972
completion pursuant to subsection (e) of this section. For purposes of 973
this subsection and subsection (e) of this section, (1) "teach-out" means 974
the completion of instruction of a course or program of study in which 975
a student was enrolled, provided the teach-out includes instruction of 976
the entire program of study when a course is a part of such program of 977
study, and (2) "certificate of completion" means the credential, 978
documented in writing, that is issued to a student who completes a 979
course or program of study offered by a private [occupational] career 980
school. 981
(e) In the event of a private [occupational] career school closure that 982
LCO No. 1200 31 of 52
fails to meet the requirements set forth in subsection (a) of this section, 983
the executive director may issue a certificate of completion to each 984
student that, in the executive director's determination, has successfully 985
completed the student's course or program of study in which the 986
student was enrolled at the private [occupational] career school. 987
Sec. 21. Section 10a-22n of the general statutes is repealed and the 988
following is substituted in lieu thereof (Effective October 1, 2022): 989
(a) A private [occupational] career school shall maintain, preserve 990
and protect, in a manner approved by the executive director, or the 991
executive director's designee, all school records including, but not 992
limited to: (1) Student or academic transcripts, including, in a separate 993
file, a duplicate copy of the academic transcript of each student who 994
graduated from such school, and a duplicate copy of the academic 995
transcript of each student enrolled at such school that contains the 996
student's name, address, program of study, length of such program of 997
study, grade point average and courses completed; (2) attendance 998
records or other indicators of student progress; (3) copies of individual 999
enrollment agreements or contracts; (4) evidence of tuition payments; 1000
and (5) any other documentation as prescribed by the executive director. 1001
(b) The executive director, or the executive director's designee, may 1002
at any time during regular business or school hours, with or without 1003
notice, visit a private [occupational] career school. During such 1004
visitation, the executive director, or the executive director's designee, 1005
may request an officer or director of the school to produce, and shall be 1006
provided with immediate access to, such records or information as are 1007
required to verify that the school continues to meet the conditions of 1008
authorization. If the executive director determines that such private 1009
[occupational] career school has not maintained, preserved or protected 1010
school records in accordance with this section, the executive director 1011
may assess an administrative penalty on such private [occupational] 1012
career school pursuant to section 10a-22i, as amended by this act. 1013
(c) If a school ceases to operate as a private [occupational] career 1014
school, it shall (1) immediately transmit all student or academic 1015
LCO No. 1200 32 of 52
transcripts, described in subdivision (1) of subsection (a) of this section, 1016
to the executive director, and (2) keep the executive director advised in 1017
writing as to the location and availability of all other student records or 1018
shall file all such other student records with the executive director. 1019
(d) The executive director shall maintain all records, files and other 1020
documents associated with private [occupational] career schools in a 1021
manner consistent with the mission and responsibilities of the Office of 1022
Higher Education. 1023
Sec. 22. Section 10a-22p of the general statutes is repealed and the 1024
following is substituted in lieu thereof (Effective October 1, 2022): 1025
(a) On and after January 1, [2020, any] 2023, no private [occupational] 1026
career school, as defined in section 10a-22a, [that requires] as amended 1027
by this act, shall require any student, as a condition of enrollment, to 1028
enter into an agreement that (1) limits participation in a class action 1029
against such school, (2) limits any claim the student may have against 1030
such school or the damages for such claim, or (3) requires the student to 1031
assert any claim against such school in a forum that is less convenient, 1032
more costly or more dilatory for the resolution of a dispute than a 1033
judicial forum established in the state where the student may otherwise 1034
properly bring a claim. [,] A private career school shall include in its 1035
application to the Office of Higher Education for initial or renewed 1036
certificate of authorization pursuant to sections 10a-22b, as amended by 1037
this act, and 10a-22d, as amended by this act, a statement (A) disclosing 1038
the number of claims made against the school, including claims made 1039
against a parent organization or subsidiary of the school, by a student 1040
currently or formerly enrolled at the school, (B) describing the nature of 1041
the rights asserted, and (C) updating the status of such claims. The 1042
school shall submit additional details regarding such claims as the 1043
executive director of the Office of Higher Education may require. 1044
(b) The executive director of the Office of Higher Education may deny 1045
the application for initial or renewed certificate of authorization of a 1046
private [occupational] career school or consider a private [occupational] 1047
career school ineligible to receive any public funds, including, but not 1048
LCO No. 1200 33 of 52
limited to, federal funds administered by the office pursuant to section 1049
10a-45 if (1) such school fails to include the statement required under 1050
subsection (a) of this section in its application, or (2) upon review of such 1051
statement, the executive director determines that the public policy of 1052
protecting the interests of students in the state requires such denial. 1053
(c) The executive director of the Office of Higher Education shall have 1054
the authority granted under sections 10a-22i, as amended by this act, 1055
10a-22j and 10a-22o to investigate and enforce the provisions of 1056
subsections (a) and (b) of this section. 1057
Sec. 23. Section 10a-22q of the general statutes is repealed and the 1058
following is substituted in lieu thereof (Effective October 1, 2022): 1059
After each annual determination of the balance of the private 1060
[occupational] career school student protection account required by 1061
section 10a-22w, if the balance of the account is more than two million 1062
five hundred thousand dollars, the State Treasurer shall transfer to a 1063
separate, nonlapsing account within the General Fund, to be known as 1064
the private [occupational] career school student benefit account, three-1065
fourths of the annually accrued interest of said student protection 1066
account. 1067
Sec. 24. Section 10a-22r of the general statutes is repealed and the 1068
following is substituted in lieu thereof (Effective October 1, 2022): 1069
[There is] When there are funds available to award financial aid 1070
grants from the private career school student benefit account, there shall 1071
be established an advisory committee to the executive director 1072
consisting of seven members appointed by the executive director, 1073
including a representative of the private [occupational] career schools, 1074
a representative from the Office of Higher Education and five members 1075
chosen from business or industry, state legislators, private 1076
[occupational] career school alumni and the general public. Three of the 1077
members first appointed to the committee shall be appointed for a term 1078
of three years and four of the members first appointed shall be 1079
appointed for a term of two years. Thereafter, all members shall be 1080
LCO No. 1200 34 of 52
appointed for a term of two years. The executive director shall 1081
administer the private [occupational] career school student benefit 1082
account, established pursuant to section 10a-22u, as amended by this 1083
act, with the advice of the advisory committee in accordance with the 1084
provisions of this section and sections 10a-22s and 10a-22t and may 1085
assess the account for all direct expenses incurred in the implementation 1086
of this section. The account shall be used to award financial aid grants 1087
for the benefit of private [occupational] career school students. The 1088
grants shall be paid to the private [occupational] career school 1089
designated by the grant recipient to be applied against the tuition 1090
expenses of such recipient. If the balance of the student protection 1091
account is five per cent or less of the annual net tuition income of the 1092
schools which make payments to the account pursuant to section 10a-1093
22u, as amended by this act, any unallocated funds in the student benefit 1094
account shall be transferred to the private career school student 1095
protection account. 1096
Sec. 25. Section 10a-22u of the 2022 supplement to the general statutes 1097
is repealed and the following is substituted in lieu thereof (Effective 1098
October 1, 2022): 1099
(a) There shall be an account to be known as the private 1100
[occupational] career school student protection account within the 1101
General Fund. Each private [occupational] career school authorized in 1102
accordance with the provisions of sections 10a-22a to 10a-22o, inclusive, 1103
as amended by this act, shall pay to the State Treasurer an amount equal 1104
to four-tenths of one per cent of the tuition received by such school per 1105
calendar quarter exclusive of any refunds paid, except that distance 1106
learning and correspondence schools authorized in accordance with the 1107
provisions of section 10a-22h, as amended by this act, shall contribute to 1108
said account only for Connecticut residents enrolled in such schools. 1109
Payments shall be made by January thirtieth, April thirtieth, July 1110
thirtieth and October thirtieth in each year for tuition received during 1111
the three months next preceding the month of payment. In addition to 1112
amounts received based on tuition, the account shall also contain any 1113
amount required to be deposited into the account pursuant to sections 1114
LCO No. 1200 35 of 52
10a-22a to 10a-22o, inclusive, as amended by this act. Said account shall 1115
be used for the purposes of section 10a-22v, as amended by this act. Any 1116
interest, income and dividends derived from the investment of the 1117
account shall be credited to the account. All direct expenses for the 1118
maintenance of the account may be charged to the account upon the 1119
order of the State Comptroller. The executive director may assess the 1120
account for all direct expenses incurred in the implementation of the 1121
purposes of this section which are in excess of the normal expenditures 1122
of the Office of Higher Education. 1123
(b) Payments required pursuant to subsection (a) of this section shall 1124
be a condition of doing business in the state and failure to make any 1125
such payment within thirty days following the date on which it is due 1126
shall result in the loss of authorization under section 10a-22f, as 1127
amended by this act. Such authorization shall not be issued or renewed 1128
if there exists a failure to make any such payment in excess of thirty days 1129
following the date on which it is due. 1130
(c) If an audit conducted by the Office of Higher Education 1131
determines that a school has paid into the private [occupational] career 1132
school student protection account an amount less than was required, the 1133
school shall pay such amount plus a penalty of ten per cent of the 1134
amount required to the State Treasurer within thirty days of receipt of 1135
notice from the executive director or [his] the executive director's 1136
designee of the amount of the underpayment and penalty, except that, 1137
on and after the effective date of the regulations adopted pursuant to 1138
section 10a-22k, such penalty shall be in the amount specified in such 1139
regulations. 1140
(d) If an audit conducted by the Office of Higher Education 1141
determines that a school has paid into the private [occupational] career 1142
school student protection account an amount more than was required, 1143
subsequent payment or payments by the school shall be appropriately 1144
credited until such credited payment or payments equal the amount of 1145
the overpayment. 1146
Sec. 26. Section 10a-22v of the 2022 supplement to the general statutes 1147
LCO No. 1200 36 of 52
is repealed and the following is substituted in lieu thereof (Effective 1148
October 1, 2022): 1149
Any student enrolled in a private [occupational] career school 1150
authorized in accordance with the provisions of sections 10a-22a to 10a-1151
22o, inclusive, as amended by this act, who is unable to complete an 1152
approved course or unit of instruction at such school because of the 1153
insolvency or cessation of operation of the school and who has paid 1154
tuition for such course or unit of instruction, may, not later than two 1155
years after the date on which such school became insolvent or ceased 1156
operations, make application to the executive director for a refund of 1157
tuition from the account established pursuant to section 10a-22u, as 1158
amended by this act, to the extent that such account exists or has reached 1159
the level necessary to pay outstanding approved claims, except that in 1160
the case of distance learning and correspondence schools authorized in 1161
accordance with the provisions of section 10a-22h, as amended by this 1162
act, only Connecticut residents enrolled in such schools may be eligible 1163
for such refund. Upon such application, the executive director shall 1164
determine whether the applicant is unable to complete a course or unit 1165
of instruction because of the insolvency or cessation of operation of the 1166
school to which tuition has been paid. The executive director may 1167
summon by subpoena any person, records or documents pertinent to 1168
the making of a determination regarding insolvency or cessation of 1169
operation. For the purpose of making any tuition refund pursuant to 1170
this section, a school shall be deemed to have ceased operation 1171
whenever it has failed to complete a course or unit of instruction for 1172
which the student has paid a tuition fee and, as a result, the school's 1173
authorization has been revoked pursuant to section 10a-22f, as amended 1174
by this act. If the executive director finds that the applicant is entitled to 1175
a refund of tuition because of the insolvency or cessation of operation of 1176
the school, the executive director shall determine the amount of an 1177
appropriate refund which shall be equal to the tuition paid for the 1178
uncompleted course or unit of instruction. Thereafter the executive 1179
director shall direct the State Treasurer to pay, per order of the 1180
Comptroller, the refund to the applicant or persons, agencies or 1181
organizations indicated by the applicant who have paid tuition on the 1182
LCO No. 1200 37 of 52
student's behalf. If the student is a minor, payment shall be made to the 1183
student's parent, parents or legal guardian. In no event shall a refund be 1184
made from the student protection account for any financial aid provided 1185
to or on behalf of any student in accordance with the provisions of Title 1186
IV, Part B of the Higher Education Act of 1965, as amended from time 1187
to time. Each recipient of a tuition refund made in accordance with the 1188
provisions of this section shall assign all rights to the state of any action 1189
against the school or its owner or owners for tuition amounts 1190
reimbursed pursuant to this section. Upon such assignment, the state 1191
may take appropriate action against the school or its owner or owners 1192
in order to reimburse the student protection account for any expenses 1193
or claims that are paid from the account and to reimburse the state for 1194
the reasonable and necessary expenses in undertaking such action. Any 1195
student who falsifies information on an application for tuition 1196
reimbursement shall lose his or her right to any refund from the account. 1197
Sec. 27. Subsection (c) of section 10-95r of the general statutes is 1198
repealed and the following is substituted in lieu thereof (Effective October 1199
1, 2022): 1200
(c) The executive director may enter into cooperative arrangements 1201
with local and regional boards of education, private [occupational] 1202
career schools, institutions of higher education, job training agencies 1203
and employers in order to provide (1) general education, (2) vocational, 1204
technical, technological or postsecondary education, and (3) work 1205
experience. 1206
Sec. 28. Subdivision (1) of subsection (a) of section 10a-11b of the 2022 1207
supplement to the general statutes is repealed and the following is 1208
substituted in lieu thereof (Effective October 1, 2022): 1209
(1) The commission shall consist of the following voting members: 1210
(A) The president of the Connecticut State Colleges and Universities, the 1211
president of The University of Connecticut, or their designees from the 1212
Board of Regents and Board of Trustees; (B) the provost of the 1213
Connecticut State Colleges and Universities and the provost of The 1214
University of Connecticut; (C) the chair of the Board of Regents for the 1215
LCO No. 1200 38 of 52
Connecticut State Colleges and Universities, and the Board of Trustees 1216
for The University of Connecticut, or the chairs' designees; (D) the 1217
president, vice president or chair of the board of a large independent 1218
institution of higher education in the state, to be selected by the 1219
president of the Connecticut Conference of Independent Colleges; (E) 1220
the president, vice president or chair of the board of a small independent 1221
institution of higher education in the state, to be selected by the 1222
president of the Connecticut Conference of Independent Colleges; (F) a 1223
representative from a private [occupational] career school, to be selected 1224
by the Commissioner of Education; (G) a teaching faculty representative 1225
from the Connecticut State Universities, to be selected by the president 1226
of the Connecticut State Colleges and Universities; (H) a teaching faculty 1227
representative from the regional community-technical colleges, to be 1228
selected by the president of the Connecticut State Colleges and 1229
Universities; (I) a teaching faculty representative from The University of 1230
Connecticut, to be selected by the president of The University of 1231
Connecticut; (J) a teaching faculty representative from a private 1232
[occupational] career school in the state, to be selected by the 1233
Commissioner of Education; (K) one member appointed by the 1234
president pro tempore of the Senate, who shall be a representative of a 1235
large manufacturing employer in the state; (L) one member appointed 1236
by the speaker of the House of Representatives, who shall be a 1237
representative of a large financial or insurance services employer in the 1238
state; (M) one member appointed by the majority leader of the Senate, 1239
who shall be a representative of an information technology or digital 1240
media employer in the state; (N) one member appointed by the minority 1241
leader of the Senate, who shall be a representative of a small business 1242
employer in the state; (O) one member appointed by the majority leader 1243
of the House of Representatives, who shall be a representative of a 1244
health care employer in the state; and (P) one member appointed by the 1245
minority leader of the House of Representatives, who shall be a 1246
representative of a small business employer in the state. The 1247
commission membership shall, where feasible, reflect the state's 1248
geographic, racial and ethnic diversity. 1249
Sec. 29. Section 10a-34h of the 2022 supplement to the general statutes 1250
LCO No. 1200 39 of 52
is repealed and the following is substituted in lieu thereof (Effective 1251
October 1, 2022): 1252
(a) As used in this section: 1253
(1) "Credential" means a documented award issued by an authorized 1254
body, including, but not limited to, a (A) degree or certificate awarded 1255
by an institution of higher education, private [occupational] career 1256
school or provider of an alternate route to certification program 1257
approved by the State Board of Education for teachers, (B) certification 1258
awarded through an examination process designed to demonstrate 1259
acquisition of designated knowledge, skill and ability to perform a 1260
specific job, (C) license issued by a governmental agency which permits 1261
an individual to practice a specific occupation upon verification that 1262
such individual meets a predetermined list of qualifications, and (D) 1263
documented completion of an apprenticeship or job training program; 1264
and 1265
(2) "Credential status type" means the official status of a credential 1266
which is either active, deprecated, probationary or superseded. 1267
(b) Not later than January 1, 2023, the executive director of the Office 1268
of Higher Education, in consultation with the advisory council 1269
established pursuant to subsection (c) of this section, shall create a 1270
database of credentials offered in the state for the purpose of explaining 1271
the skills and competencies earned through a credential in uniform 1272
terms and plain language. In creating the database, the executive 1273
director shall utilize the minimum data policy of the New England 1274
Board of Higher Education's High Value Credentials for New England 1275
initiative, the uniform terms and descriptions of Credentials Engine's 1276
Credential Transparency Description Language and the uniform 1277
standards for comparing and linking credentials in Credential Engine's 1278
Credential Transparency Description Language-Achievement 1279
Standards Network. At a minimum, the database shall include the 1280
following information for each credential: (1) Credential status type, (2) 1281
the entity that owns or offers the credential, (3) the type of credential 1282
being offered, (4) a short description of the credential, (5) the name of 1283
LCO No. 1200 40 of 52
the credential, (6) the Internet web site that provides information 1284
relating to the credential, (7) the language in which the credential is 1285
offered, (8) the estimated duration for completion, (9) the industry 1286
related to the credential which may include its code under the North 1287
American Industry Classification System, (10) the occupation related to 1288
the credential which may include its code under the standard 1289
occupational classification system of the Bureau of Labor Statistics of the 1290
United States Department of Labor or under The Occupational 1291
Information Network, (11) the estimated cost for earning the credential, 1292
and (12) a listing of online or physical locations where the credential is 1293
offered. 1294
(c) There is established an advisory council for the purpose of 1295
advising the executive director of the Office of Higher Education on the 1296
implementation of the database created pursuant to subsection (b) of 1297
this section. The advisory council shall consist of (1) representatives 1298
from the Office of Workforce Strategy, Office of Higher Education, 1299
Office of Policy and Management, Labor Department, Department of 1300
Education, Connecticut State Colleges and Universities, The University 1301
of Connecticut and independent institutions of higher education, and 1302
(2) the Chief Data Officer, or such officer's designee. The Chief 1303
Workforce Officer, the Chief Data Officer and the executive director of 1304
the Office of Higher Education, or their designees, shall be 1305
cochairpersons of the advisory council and shall schedule the meetings 1306
of the advisory council. 1307
(d) Not later than July 1, 2024, and annually thereafter, each regional 1308
workforce development board, community action agency, as defined in 1309
section 17b-885, institution of higher education, private [occupational] 1310
career school, provider of an alternate route to certification program 1311
approved by the State Board of Education, and provider of a training 1312
program listed on the Labor Department's Eligible Training Provider 1313
List shall submit information, in the form and manner prescribed by the 1314
executive director of the Office of Higher Education, about any 1315
credential offered by such institution, school or provider for inclusion 1316
in the database created pursuant to subsection (b) of this section. Such 1317
LCO No. 1200 41 of 52
information shall include, but need not be limited to, the data described 1318
in subdivisions (1) to (12), inclusive, of subsection (b) of this section, 1319
except an institution of higher education may omit the data required 1320
pursuant to subdivisions (6), (9) and (10) of subsection (b) of this section 1321
if such data is not applicable to a credential offered by such institution. 1322
(e) Nothing in this section shall be construed to require any state 1323
agency or department to submit credential information to the database 1324
created pursuant to subsection (b) of this section. 1325
(f) The Labor Department may, in consultation with the advisory 1326
council established pursuant to subsection (c) of this section, require any 1327
program sponsor of a preapprenticeship or apprenticeship program 1328
registered with the department to submit information about such 1329
program to the Office of Higher Education for inclusion in such 1330
database. 1331
Sec. 30. Subsection (c) of section 10a-55a of the 2022 supplement to 1332
the general statutes is repealed and the following is substituted in lieu 1333
thereof (Effective October 1, 2022): 1334
(c) On or before October 1, 2007, each institution of higher education 1335
and private [occupational] career school, as defined in section 10a-22a, 1336
as amended by this act, shall have an emergency response plan. On or 1337
before October 1, 2007, and annually thereafter, each institution of 1338
higher education and private [occupational] career school shall submit 1339
a copy of its emergency response plan to (1) the Commissioner of 1340
Emergency Services and Public Protection, and (2) local first responders. 1341
Such plan shall be developed in consultation with such first responders 1342
and shall include a strategy for notifying students and employees of the 1343
institution or school and visitors to such institution or school of 1344
emergency information. 1345
Sec. 31. Section 10a-161a of the general statutes is repealed and the 1346
following is substituted in lieu thereof (Effective October 1, 2022): 1347
The president of the Connecticut State Colleges and Universities and 1348
LCO No. 1200 42 of 52
the Office of Higher Education shall report, biennially, in accordance 1349
with the provisions of section 11-4a, to the joint standing committee of 1350
the General Assembly having cognizance of matters relating to higher 1351
education on state, northeast regional and national trends in (1) the cost 1352
of attendance at public and independent institutions of higher education 1353
and private [occupational] career schools, and (2) the availability and 1354
utilization of all forms of student financial aid for academic and 1355
noncredit vocational courses and programs relative to economic 1356
conditions and personal income. 1357
Sec. 32. Subdivisions (21) and (22) of section 10a-223 of the 2022 1358
supplement to the general statutes, as amended by section 273 of public 1359
act 21-2 of the June special session, are repealed and the following is 1360
substituted in lieu thereof (Effective October 1, 2022): 1361
(21) "High-value certificate program" means a noncredit sub-1362
baccalaureate certificate program offered by an institution of higher 1363
education or a private [occupational] career school that the Chief 1364
Workforce Officer determines to meet the needs of employers in the 1365
state; and 1366
(22) "Connecticut high-value certificate program" means a high-value 1367
certificate program offered by an institution of higher education or a 1368
private [occupational] career school in the state. 1369
Sec. 33. Subdivision (109) of section 12-412 of the 2022 supplement to 1370
the general statutes is repealed and the following is substituted in lieu 1371
thereof (Effective October 1, 2022): 1372
(109) Sales of college textbooks to full and part-time students enrolled 1373
at institutions of higher education or private [occupational] career 1374
schools authorized pursuant to sections 10a-22a to 10a-22o, inclusive, as 1375
amended by this act, provided the student presents a valid student 1376
identification card. For purposes of this subdivision, "college textbooks" 1377
means new or used books and related wor kbooks required or 1378
recommended for a course at an institution of higher education or a 1379
private [occupational] career school authorized pursuant to sections 1380
LCO No. 1200 43 of 52
10a-22a to 10a-22o, inclusive, as amended by this act. 1381
Sec. 34. Subdivision (1) of subsection (a) of section 13b-38ee of the 1382
2022 supplement to the general statutes is repealed and the following is 1383
substituted in lieu thereof (Effective October 1, 2022): 1384
(1) "Eligible organization" means any provider of a training program 1385
including, but not limited to, a provider of a training program listed on 1386
the Labor Department's Eligible Training Provider List, an 1387
apprenticeship or preapprenticeship program sponsor, a provider of an 1388
alternate route to certification program approved by the State Board of 1389
Education, an institution of higher education, a private [occupational] 1390
career school, an employer, a state or municipal agency and a public or 1391
nonprofit social service provider in the state; and 1392
Sec. 35. Subsection (a) of section 14-37a of the general statutes is 1393
repealed and the following is substituted in lieu thereof (Effective October 1394
1, 2022): 1395
(a) Any person whose operator's license has been suspended 1396
pursuant to any provision of this chapter or chapter 248, except 1397
pursuant to section 14-215 for operating under suspension or pursuant 1398
to section 14-140 for failure to appear for any scheduled court 1399
appearance, and any person identified in subsection (g) of this section 1400
may make application to the Commissioner of Motor Vehicles for (1) a 1401
special "work" permit to operate a motor vehicle to and from such 1402
person's place of employment or, if such person is not employed at a 1403
fixed location, to operate a motor vehicle only in connection with, and 1404
to the extent necessary, to properly perform such person's business or 1405
profession, (2) a special "education" permit to operate a motor vehicle to 1406
and from an institution of higher education or a private [occupational] 1407
career school, as defined in section 10a-22a, as amended by this act, in 1408
which such person is enrolled, provided no such special "education" 1409
permit shall be issued to any student enrolled in a high school under the 1410
jurisdiction of a local or regional board of education, a high school under 1411
the jurisdiction of a regional educational service center, a charter school, 1412
a regional agricultural science and technology education center or a 1413
LCO No. 1200 44 of 52
technical education and career school, or (3) a special "medical" permit 1414
to operate a motor vehicle to and from any ongoing medically necessary 1415
treatment, available upon adoption by the commissioner of regulations 1416
pursuant to chapter 54, that describe qualifications for such permit. Such 1417
application shall be accompanied by an application fee of one hundred 1418
dollars. 1419
Sec. 36. Subsection (a) of section 17b-749 of the 2022 supplement to 1420
the general statutes is repealed and the following is substituted in lieu 1421
thereof (Effective October 1, 2022): 1422
(a) The Commissioner of Early Childhood shall establish and operate 1423
a child care subsidy program to increase the availability, affordability 1424
and quality of child care services for families with a parent or caretaker 1425
who (1) is (A) working or attending high school, or (B) subject to the 1426
provisions of subsection (d) of this section, is enrolled or participating 1427
in (i) a public or independent institution of higher education, (ii) a 1428
private [occupational] career school authorized pursuant to sections 1429
10a-22a to 10a-22o, inclusive, as amended by this act, (iii) a job training 1430
or employment program administered by a regional workforce 1431
development board, (iv) an apprenticeship program administered by 1432
the Labor Department's office of apprenticeship training, (v) an 1433
alternate route to certification program approved by the State Board of 1434
Education, (vi) an adult education program pursuant to section 10-69 or 1435
other high school equivalency program, or (vii) a local Even Start 1436
program or other adult education program approved by the 1437
Commissioner of Early Childhood; or (2) receives cash assistance under 1438
the temporary family assistance program from the Department of Social 1439
Services and is participating in an education, training or other job 1440
preparation activity approved pursuant to subsection (b) of section 17b-1441
688i or subsection (b) of section 17b-689d. Services available under the 1442
child care subsidy program shall include the provision of child care 1443
subsidies for children under the age of thirteen or children under the 1444
age of nineteen with special needs. The Office of Early Childhood shall 1445
open and maintain enrollment for the child care subsidy program and 1446
shall administer such program within the existing budgetary resources 1447
LCO No. 1200 45 of 52
available. The office shall issue a notice on the office's Internet web site 1448
any time the office closes the program to new applications, changes 1449
eligibility requirements, changes program benefits or makes any other 1450
change to the program's status or terms, except the office shall not be 1451
required to issue such notice when the office expands program 1452
eligibility. Any change in the office's acceptance of new applications, 1453
eligibility requirements, program benefits or any other change to the 1454
program's status or terms for which the office is required to give notice 1455
pursuant to this subsection, shall not be effective until thirty days after 1456
the office issues such notice. 1457
Sec. 37. Subsection (a) of section 31-11ss of the 2022 supplement to the 1458
general statutes is repealed and the following is substituted in lieu 1459
thereof (Effective October 1, 2022): 1460
(a) As used in this section: 1461
(1) "Advanced manufacturing" means a manufacturing process that 1462
makes extensive use of computer, high-precision or information 1463
technologies integrated with a high-performance workforce in a 1464
production system capable of furnishing a heterogeneous mix of 1465
products in small or large volumes with either the efficiency of mass 1466
production or the flexibility of custom manufacturing in order to 1467
respond quickly to customer demands. "Advanced manufacturing" 1468
includes newly developed methods to manufacture existing products 1469
and the manufacture of new products emerging from new advanced 1470
technologies; 1471
(2) "Eligible business" means a business that (A) has operations in 1472
Connecticut, (B) has been registered to conduct business for not less than 1473
twelve months, and (C) is in good standing with respect to the payment 1474
of all state and local taxes. "Eligible business" does not include the state 1475
or any political subdivision thereof; 1476
(3) ["Private occupational school"] "Private career school" has the 1477
same meaning as provided in section 10a-22a, as amended by this act; 1478
LCO No. 1200 46 of 52
(4) "Public institution of higher education" means any of the 1479
institutions of higher education identified in subdivision (2) of section 1480
10a-1; 1481
(5) "Qualifying advanced manufacturing certificate program" means 1482
a for-credit or noncredit sub-baccalaureate advanced manufacturing 1483
certificate program offered by a public institution of higher education 1484
or a private [occupational] career school in which at least seventy-five 1485
per cent of the graduates of such certificate program are employed in a 1486
field related to or requiring such certificate in the year following 1487
graduation; and 1488
(6) "Veteran" has the same meaning as provided in section 27-103. 1489
Sec. 38. Section 46b-56c of the 2022 supplement to the general statutes 1490
is repealed and the following is substituted in lieu thereof (Effective 1491
October 1, 2022): 1492
(a) For purposes of this section, an educational support order is an 1493
order entered by a court requiring a parent to provide support for a 1494
child or children to attend for up to a total of four full academic years 1495
an institution of higher education or a private [occupational] career 1496
school for the purpose of attaining a bachelor's or other undergraduate 1497
degree, or other appropriate vocational instruction. An educational 1498
support order may be entered with respect to any child who has not 1499
attained twenty-three years of age and shall terminate not later than the 1500
date on which the child attains twenty-three years of age. 1501
(b) (1) On motion or petition of a parent, the court may enter an 1502
educational support order at the time of entry of a decree of dissolution, 1503
legal separation or annulment, and no educational support order may 1504
be entered thereafter unless the decree explicitly provides that a motion 1505
or petition for an educational support order may be filed by either 1506
parent at a subsequent date. If no educational support order is entered 1507
at the time of entry of a decree of dissolution, legal separation or 1508
annulment, and the parents have a child who has not attained twenty-1509
three years of age, the court shall inform the parents that no educational 1510
LCO No. 1200 47 of 52
support order may be entered thereafter. The court may accept a 1511
parent's waiver of the right to file a motion or petition for an educational 1512
support order upon a finding that the parent fully understands the 1513
consequences of such waiver. 1514
(2) A waiver of the right to file a motion or petition for an educational 1515
support order may be made in writing by either parent and accepted by 1516
the court, provided the parent making the writing attests, under oath, 1517
that the parent fully understands the consequences of such waiver, and 1518
that no restraining order issued pursuant to section 46b-15 or protective 1519
order issued pursuant to section 46b-38c, between the parties is in effect 1520
or pending before the court. The provisions of this subdivision shall not 1521
preclude the court from requiring that the parties attend a hearing and 1522
that findings be made on the record. 1523
(3) On motion or petition of a parent, the court may enter an 1524
educational support order at the time of entry of an order for support 1525
pendente lite pursuant to section 46b-83. 1526
(4) On motion or petition of a parent, the court may enter an 1527
educational support order at the time of entering an order of support 1528
pursuant to section 46b-61 or 46b-171, or similar section of the general 1529
statutes, or at any time thereafter. 1530
(5) On motion or petition of a parent, the court may enter an 1531
educational support order at the time of entering an order pursuant to 1532
any other provision of the general statutes authorizing the court to make 1533
an order of support for a child, subject to the provisions of sections 46b-1534
301 to 46b-425, inclusive. 1535
(c) The court may not enter an educational support order pursuant to 1536
this section unless the court finds as a matter of fact that it is more likely 1537
than not that the parents would have provided support to the child for 1538
higher education or private [occupational] career school if the family 1539
were intact. After making such finding, the court, in determining 1540
whether to enter an educational support order, shall consider all 1541
relevant circumstances, including: (1) The parents' income, assets and 1542
LCO No. 1200 48 of 52
other obligations, including obligations to other dependents; (2) the 1543
child's need for support to attend an institution of higher education or 1544
private [occupational] career school considering the child's assets and 1545
the child's ability to earn income; (3) the availability of financial aid from 1546
other sources, including grants and loans; (4) the reasonableness of the 1547
higher education to be funded considering the child's academic record 1548
and the financial resources available; (5) the child's preparation for, 1549
aptitude for and commitment to higher education; and (6) evidence, if 1550
any, of the institution of higher education or private [occupational] 1551
career school the child would attend. 1552
(d) Any finding required to be made by the court, pursuant to this 1553
section may be made on the basis of an affidavit, made under oath, by 1554
either party, provided that the party making the affidavit attests that no 1555
restraining order issued pursuant to section 46b-15 or protective order, 1556
issued pursuant to section 46b-38c, between the parties is in effect or 1557
pending before the court. Nothing in this subsection shall preclude the 1558
court from requiring that the parties attend a hearing and that findings 1559
be made on the record. 1560
(e) At the appropriate time, both parents shall participate in, and 1561
agree upon, the decision as to which institution of higher education or 1562
private [occupational] career school the child will attend. The court may 1563
make an order resolving the matter if the parents fail to reach an 1564
agreement. 1565
(f) To qualify for payments due under an educational support order, 1566
the child must (1) enroll in an accredited institution of higher education 1567
or private [occupational] career school, as defined in section 10a-22a, as 1568
amended by this act, (2) actively pursue a course of study 1569
commensurate with the child's vocational goals that constitutes at least 1570
one-half the course load determined by that institution or school to 1571
constitute full-time enrollment, (3) maintain good academic standing in 1572
accordance with the rules of the institution or school, and (4) make 1573
available all academic records to both parents during the term of the 1574
order. The order shall be suspended after any academic period during 1575
LCO No. 1200 49 of 52
which the child fails to comply with these conditions. 1576
(g) The educational support order may include support for any 1577
necessary educational expense, including room, board, dues, tuition, 1578
fees, registration and application costs, but such expenses shall not be 1579
more than the amount charged by The University of Connecticut for a 1580
full-time in-state student at the time the child for whom educational 1581
support is being ordered matriculates, except this limit may be exceeded 1582
by agreement of the parents. An educational support order may also 1583
include the cost of books and medical insurance for such child. 1584
(h) The court may direct that payments under an educational support 1585
order be made (1) to a parent to be forwarded to the institution of higher 1586
education or private [occupational] career school, (2) directly to the 1587
institution or school, or (3) otherwise as the court determines to be 1588
appropriate. 1589
(i) On motion or petition of a parent, an educational support order 1590
may be modified or enforced in the same manner as is provided by law 1591
for any support order. 1592
(j) This section does not create a right of action by a child for parental 1593
support for higher education. 1594
(k) An educational support order under this section does not include 1595
support for graduate or postgraduate education beyond a bachelor's 1596
degree. 1597
(l) The provisions of this section shall apply only in cases when the 1598
initial order for parental support of the child is entered on or after 1599
October 1, 2002. 1600
Sec. 39. Subsection (a) of section 10a-55i of the 2022 supplement to the 1601
general statutes is repealed and the following is substituted in lieu 1602
thereof (Effective October 1, 2022): 1603
(a) There is established a Higher Education Consolidation Committee 1604
which shall be convened by the chairpersons of the joint standing 1605
LCO No. 1200 50 of 52
committee of the General Assembly having cognizance of matters 1606
relating to higher education or such chairpersons' designee, who shall 1607
be a member of such joint standing committee. The membership of the 1608
Higher Education Consolidation Committee shall consist of the higher 1609
education subcommittee on appropriations and the chairpersons, vice 1610
chairpersons and ranking members of the joint standing committees of 1611
the General Assembly having cognizance of matters relating to higher 1612
education and appropriations. The Higher Education Consolidation 1613
Committee shall establish a meeting and public hearing schedule for 1614
purposes of receiving updates from (1) the Board of Regents for Higher 1615
Education on the progress of the consolidation of the state system of 1616
higher education pursuant to this section, section 4-9c, subsection (g) of 1617
section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection 1618
(a) of section 7-608, subsection (a) of section 10-9, section 10-155d, 1619
subdivision (14) of section 10-183b, sections 10a-1a to 10a-1d, inclusive, 1620
as amended by this act, 10a-3 and 10a-3a, 10a-8, 10a-10a to 10a-11a, 1621
inclusive, 10a-17d and 10a-22a, as amended by this act, [subsections (f) 1622
and (h) of] section 10a-22b, as amended by this act, subsections (c) and 1623
(d) of section 10a-22d, as amended by this act, sections 10a-22h, as 1624
amended by this act, and 10a-22k, subsection (a) of section 10a-22n, as 1625
amended by this act, sections 10a-22r, as amended by this act, 10a-22s, 1626
10a-22u, as amended by this act, 10a-22v, as amended by this act, 10a-1627
22x and 10a-34 to 10a-35a, inclusive, as amended by this act, subsection 1628
(a) of section 10a-48a, sections 10a-71 and 10a-72, subsections (c) and (f) 1629
of section 10a-77, section 10a-88, subsection (a) of section 10a-89, 1630
subsection (c) of section 10a-99 and sections 10a-102, 10a-104, 10a-105, 1631
10a-109e, 10a-143 and 10a-168a, and (2) the Board of Regents for Higher 1632
Education and The University of Connecticut on the program approval 1633
process for the constituent units. The Higher Education Consolidation 1634
Committee shall convene its first meeting on or before September 15, 1635
2011, and meet not less than once every two months. 1636
Sec. 40. Section 10a-22y of the general statutes is repealed. (Effective 1637
October 1, 2022) 1638
LCO No. 1200 51 of 52
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 4-5
Sec. 2 October 1, 2022 10a-1d
Sec. 3 October 1, 2022 10a-34
Sec. 4 October 1, 2022 10a-34c
Sec. 5 October 1, 2022 10a-34e(a)
Sec. 6 October 1, 2022 10a-34g(a)
Sec. 7 October 1, 2022 10-67(4)
Sec. 8 October 1, 2022 12-407(a)(37)(J)
Sec. 9 October 1, 2022 30-22a(k)
Sec. 10 October 1, 2022 10a-22a
Sec. 11 October 1, 2022 10a-22b
Sec. 12 October 1, 2022 10a-22c
Sec. 13 October 1, 2022 10a-22d
Sec. 14 October 1, 2022 10a-22e
Sec. 15 October 1, 2022 10a-22f
Sec. 16 October 1, 2022 10a-22g
Sec. 17 October 1, 2022 10a-22h
Sec. 18 October 1, 2022 10a-22i
Sec. 19 October 1, 2022 10a-22l
Sec. 20 October 1, 2022 10a-22m
Sec. 21 October 1, 2022 10a-22n
Sec. 22 October 1, 2022 10a-22p
Sec. 23 October 1, 2022 10a-22q
Sec. 24 October 1, 2022 10a-22r
Sec. 25 October 1, 2022 10a-22u
Sec. 26 October 1, 2022 10a-22v
Sec. 27 October 1, 2022 10-95r(c)
Sec. 28 October 1, 2022 10a-11b(a)(1)
Sec. 29 October 1, 2022 10a-34h
Sec. 30 October 1, 2022 10a-55a(c)
Sec. 31 October 1, 2022 10a-161a
Sec. 32 October 1, 2022 10a-223(21) and (22)
Sec. 33 October 1, 2022 12-412(109)
Sec. 34 October 1, 2022 13b-38ee(a)(1)
Sec. 35 October 1, 2022 14-37a(a)
Sec. 36 October 1, 2022 17b-749(a)
Sec. 37 October 1, 2022 31-11ss(a)
Sec. 38 October 1, 2022 46b-56c
LCO No. 1200 52 of 52
Sec. 39 October 1, 2022 10a-55i(a)
Sec. 40 October 1, 2022 Repealer section
Statement of Purpose:
To implement the recommendations of the Office of Higher Education.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]